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Jurnal Dinamika Hukum
Published by Universitas Jenderal Soedirman
ISSN : 14100797     EISSN : 24076562     DOI : https://doi.org/10.20884/1.jdh.2024.24.3.15563
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Since its establishment in 1996, JDH has published normative legal research and socio-legal articles with a multidisciplinary approach. However, starting from Vol. 25 No. 1 (2025), JDH has focused on public law studies, covering the areas of criminal law, constitutional law, international law, environmental law, and health law. This specific focus aims to ensure consistency in publication quality. Therefore, each edition of JDH publishes only 5–7 articles.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 21 Documents
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Comparing the Separation of Powers in Indonesia and Russia: Constitutional Structures and Political Impacts Saputra, Imran Eka; Rahman, Ali; Begishev, Ildar
Jurnal Dinamika Hukum Vol 25 No 2 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.2.15655

Abstract

The distribution of power in Indonesia and Russia shows differences in the implementation of the principle of separation of powers. Indonesia, as a unitary state with a presidential system, faces challenges in maintaining balance between the central and regional governments. Meanwhile, Russia, as a federal state with a semi-presidential system, remains centralized, with executive power largely dominated by the president. This study aims to analyze the model of power distribution in the constitutional law of Indonesia and the Russian Federation based on their respective governmental systems, as well as to identify the advantages, disadvantages, and implications for government stability in both countries. This research employs a normative legal method with a statutory, comparative, and conceptual approach to analyze the power distribution model in Indonesia and Russia based on their constitutions and relevant regulations, using library research techniques and qualitative analysis. The findings indicate that the power distribution models in Indonesia and Russia differ according to their respective governmental systems. Indonesia adopts a presidential system with strong checks and balances between the executive, legislative, and judicial branches, while Russia follows a semi-presidential system that grants dominant authority to the president. Indonesia emphasizes power balance through democracy and decentralization, though it faces challenges such as political gridlock and slow bureaucracy. Conversely, Russia enjoys stronger political stability due to executive dominance, but at the risk of weakening checks and balances and limiting political freedoms. Thus, the governmental systems in both countries have their own advantages and disadvantages in influencing stability and governance effectiveness.
Protecting Children from Harmful Digital Content: Legal Responsibilities in Makassar Family Karaoke Salmi, Salmi; Nur, Abdul Rahman; Sulastryani, Sulastryani; Darmadi, Dandi
Jurnal Dinamika Hukum Vol 25 No 2 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.2.15717

Abstract

This research analyzes the legal responsibility of family singing house business actors toward minor consumers in the context of digital content transformation in Makassar City. Family singing homes as a fast-growing entertainment industry face significant challenges regarding the protection of child consumers from digital content that contains pornographic elements. This research identifies the gap between legal provisions and practical implementation in the field through a juridical-empirical approach with a case study method. The results show that digital content transformation in family singing homes has changed the character, accessibility, and potential impact of content on child consumers. In business practices, it was found that there was an absence of a content filtering system, access restrictions based on age, and supervision of the activities of child consumers. The main obstacles in implementing the legal responsibilities of business actors include regulatory, technical, economic, and sociocultural aspects. This research proposes an alternative model of child consumer protection that integrates co-regulation, technological solutions, community governance, and diversified liability. The study's novelty lies in analyzing the multi-disciplinary intersection of law, the empirical exploration of digital content transformation, developing alternative models of child consumer protection, and contextualizing consumer protection law in local wisdom. The findings of this research have implications for reforming digital entertainment industry regulations, developing best practices, and consumer education and empowerment to ensure adequate protection for child consumers in the digital transformation era
Comparative Law Between Indonesia and Philippines Regarding the Procedure for Issuing Replacement Land Certificates Dewi, Dyah Adriantini Sintha; Jaudah, Tsuroyyaa Maitsaa’; Priyono, Sigit; Tee-Anastacio, Princess Alysaa D.
Jurnal Dinamika Hukum Vol 25 No 2 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.2.15720

Abstract

Land certificates are a fundamental aspect in ensuring legal certainty of land ownership. In practice, land certificates, although serving as strong legal evidence, are often damaged or lost, which can create new legal issues during the transfer of rights. In such cases, the rights holder may submit a request for a replacement certificate to the Land Office. This article compares the legal frameworks of Indonesia and the Philippines regarding procedures for issuing replacement certificates due to damage. In Indonesia, the replacement certificate is issued by the National Land Agency (BPN), whereas in the Philippines, the rights holder must file a petition to the court to obtain a recommendation for issuing a replacement certificate. This study employs a normative juridical method with a comparative legal approach and qualitative analysis of secondary data, including legislation, court decisions, and relevant legal literature. The findings show that the Administrative Court Decision No. 60/G/2023/PTUN.SMG declared that the issuance of replacement certificates by BPN in Pekalongan Regency violated legal provisions and the general principles of good governance. This indicates that although Indonesia’s system is faster and more efficient, it lacks strong legal safeguards. Meanwhile, the Philippines applies a slower, court-based process that ensures the validity of documents and provides stronger legal protection. Therefore, Indonesia needs to strengthen its procedures, improve internal oversight, and enhance transparency and accountability in the issuance of replacement land certificates
Are Judges Listening? Rethinking Sentencing in Child Sexual Violence through Victim Impact Statements in Indonesia Ramadianto, Anang Riyan; Istiqomah, Milda; Aprilianda, Nurini
Jurnal Dinamika Hukum Vol 25 No 2 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.2.15724

Abstract

The protection of victims' rights, especially child victims of sexual violence, remains a major challenge in Indonesia's criminal justice system. One critical yet underutilized instrument is the Victim Impact Statement (VIS), which allows victims to convey the psychological, emotional, social, and economic impact of the crime they experienced. However, the implementation of VIS in Indonesia is still limited due to the absence of explicit regulation in the current Criminal Procedure Code (KUHAP). This paper aims to examine the role of VIS in strengthening victim protection and to analyze the inhibiting factors affecting its implementation in the Karanganyar District Court. Using a socio-legal approach, this study combines normative legal research with empirical data gathered through interviews with judicial actors. The findings reveal that the main obstacles lie in three areas: the lack of legal substance (absence of specific VIS regulation), weak legal structure (limited procedural guidelines and institutional support), and unsupportive legal culture (stigmatization of victims and lack of victim-centered perspectives among legal practitioners). The study proposes a structured model of VIS based on Supreme Court Regulation No. 1 of 2022 and international practices, aiming to fill the normative gap and support future reform of Indonesia’s criminal procedure law. Strengthening VIS as a legal and procedural tool is essential for ensuring justice that is not only punitive but also restorative and responsive to the needs of victims.
CEDAW Perspective on Legal Protection for Women Victims of Honor Killing in Pakistan Gultom, Rahel Elena; Syahrin, Muhammad Alvi; Bakhtiar, Masdar
Jurnal Dinamika Hukum Vol 25 No 2 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.2.16079

Abstract

Despite being a Muslim country, Pakistan still has laws that discriminate against women, especially when it comes to their status as victims of assault. An example is the honor killing that occurred in this country, which is a very crucial event. This research aims to ensure and analyze the protection of women's human rights and Pakistan's legislative framework. In this research, normative legal research is used to analyze the provision of legal protection to women who are victims of honor killings in Pakistan. This research analyzes the perspective of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to provide answers on the formulation of the problem put forward in this research. Using this research methodology, it was determined that several reasons contributed to the incomplete implementation of legal regulations related to establishing women's human rights in Pakistan, including the lack of adequate legal enforcement, ingrained patriarchal culture and customs, and lack of knowledge. among women themselves about their rights. Additionally, there is evidence of substandard implementation of CEDAW, acts of discrimination against women, and cases of honor killings signed by Pakistan. Meanwhile, the CEDAW articles set out rules regarding how women's rights should be realized.
Underutilization of Death Row Clemency and Its Implications for Justice and Human Rights Pakpahan, Hatarto
Jurnal Dinamika Hukum Vol 25 No 3 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.3.15994

Abstract

The death penalty in Indonesia is controversial because it is contrary to human rights principles, although executions are carried out based on the sovereignty of national law. The uncertainty of the clemency process has a double impact: the convict experiences an unclear fate, and the state is criticized for the inconsistent application of the law. The "death row phenomenon" is recognized as a form of psychological torture for convicts awaiting a decision. This study analyzesdimensions of justice, ethical dimensions and the theoretical framework, as well as victim exclusion in the Indonesian Clemency Law. The study employs a normative method with a legislative and conceptual approach. Data is collected through literature studies of primary, secondary, and tertiary legal materials. The analysis was conducted qualitatively with legal interpretation. The study identified three dimensions of death penalty clemency: the impact on justice, ethical considerations, and the effect on victims. Gaps were found in the transparency of the process, inconsistent application, low success rate (4.8%), and lack of victim involvement, which hinders psychological recovery. Clemency in the death penalty acts as a mechanism for correcting injustice and protecting human rights, but its implementation shows inconsistency. Regulatory reform is needed that balances retributive justice with humanitarian values through increased transparency, victim involvement, and the establishment of clear substantive criteria.
Election Supervisory Board as the Constitutional Watchdog: Ensuring Human Rights and Electoral Neutrality in Indonesia Tinambunan, Wahyu Donri; Nurdin, Maharani; Silalahi, Adi Kristian; Ezzerouali, Souad Ahmed
Jurnal Dinamika Hukum Vol 25 No 3 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.3.16582

Abstract

The integrity of Indonesia’s democratic elections depends on the impartial enforcement of electoral laws and the protection of citizens’ political rights. The Election Supervisory Board (Bawaslu), although not explicitly established in the Constitution, serves as a key institution mandated by statutory law to oversee electoral neutrality and protect the fairness of electoral processes. Its supervisory mandate intersects with broader constitutional principles and human rights norms, particularly in addressing violations of political neutrality by state officials and safeguarding the right to political participation. This study aims to critically analyze the extent to which Bawaslu incorporates constitutional oversight and human rights considerations into its supervisory practices and how these frameworks influence its effectiveness. Using a normative legal research method with statutory, conceptual, and comparative approaches, the study evaluates national legal instruments, Bawaslu regulations, and selected case studies. Findings indicate that Bawaslu’s oversight capacity is constrained by gaps in legal clarity, inconsistent inter-institutional coordination, and the absence of explicit constitutional grounding for its human rights obligations. Strengthening its institutional independence, refining the legal framework, and aligning domestic electoral oversight with international human rights standards are crucial steps for enhancing both electoral integrity and political neutrality. Beyond the Indonesian context, this study contributes to the global discourse on the role of non-constitutional electoral oversight bodies in consolidating democratic governance, offering comparative insights relevant to emerging democracies worldwide.
Unraveling the Darkness of Raja Ampat: A Neglected Criminal Justice System Hernanto, Tjoetjoe Sandjaja; Alan, Muhammad Fikri; Arumbinang, Mohammad Hazyar
Jurnal Dinamika Hukum Vol 25 No 3 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.3.16682

Abstract

This study examines the complex challenges confronting Raja Ampat, a globally significant region renowned its extraordinary marine biodiversity and rich cultural heritage, through the lens of an integrated criminal justice system. Raja Ampat is increasingly imperiled by illegal activities, including unregulated nickel mining and environmental exploitation, which threaten both ecological integrity and social well-being. Utilizing a normative legal methodology with statue and conceptual analysis, this research critically evaluates the current application of justice mechanisms involving law enforcement, judicial institutions, correctional services, and community participation. The study reveals critical systemic weaknesses, including fragmented legal authorities, poor coordination with local communities, and inadequate policy integration, that perpetuate illegal practices and social conflicts. Importantly, this study emphasizes the need to harmonize environmental regulations with criminal law frameworks to establish stronger deterrents against ecological crimes. Beyond its regional focus, this study contributes to the international discourse on ecological governance and criminal justice by providing a replicable model of integrated legal frameworks that balance ecological conservation with community empowerment. The findings provide actionable insights for global policymakers, law enforcement agencies, and civil society organizations seeking to enhance justice systems as effective instruments for sustainable development and social equity. Ultimately, this study advocates for a collaborative and comprehensive approach to justice system that aligns enforcement mechanisms with global sustainability goals, thereby supporting the preservation of biodiversity hotspots worldwide.
Deterrent Effect and Human Rights: A Critical Analysis of Chemical Castration Implementation in Child Protection Law Purnomo, Arie; Karyma, Desvika Rizqi; Kurniati, Syahrani; Mukti, Tansah Hanggawa; Rawie, Muhammad Daffa Eka
Jurnal Dinamika Hukum Vol 25 No 3 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.3.17722

Abstract

Sexual violence against children is an extraordinary crime that demands firm legal enforcement to ensure both deterrence and protection for victims. To address this issue, the Indonesian government introduced chemical castration through Government Regulation in Lieu of Lieu of Law (Perppu) Number 1 of 2016 as an additional sanction for perpetrators of sexual violence against children. This study critically examines the implementation of chemical castration in Indonesia by highlighting the legal framework and the tension between deterrence and the protection of human rights. The analysis draws on relevant legislation, criminal law concepts, and selected court decisions to evaluate the policy’s practical and ethical challenges. The findings reveal that chemical castration has not been an effective deterrent due to the absence of technical implementation guidelines and objections from medical professionals, particularly the Indonesian Medical Association (IDI), based on professional ethics. These obstacles have weakened both deterrence and rehabilitation efforts, creating ethical and legal dilemmas in their enforcement. Therefore, a policy reformulation is necessary by positioning chemical castration within a double-track system that integrates punishment and rehabilitation to achieve a balanced approach between deterrence, offender recovery, and human rights protection. Future implementation should be supported by clear procedural standards, inter-agency coordination, and ethical oversight to ensure that the policy aligns with the principles of justice and human dignity.
A Regulatory Time Bomb: Can Singapore’s Model Rescue Indonesia’s Gig Economy? Widiastiani, Nindry Sulistya
Jurnal Dinamika Hukum Vol 25 No 3 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.3.15868

Abstract

Platform workers who work through digital applications such as online transportation and delivery services are growing in Indonesia, but their legal status is still unclear. The incompatibility between the platform's work model and conventional labor regulations results in platform workers not receiving legal protection, social security, or recognition of formal employment relationships. This article examines these problems using normative legal research methods and comparative approaches by comparing the Indonesian legal system with Singapore's policies through the Platform Workers Act 2024. The legal materials include laws and regulations, jurisprudence, and related literature. The study results show that Indonesia still relies on inadequate partial regulation to address the protection needs of platform workers. At the same time, Singapore has taken a progressive step by recognizing the status of platform workers as a separate legal entity with fundamental rights, such as social security, the right to form associations, protection against work injuries, and income transparency. The novel finding of this study lies in identifying the hybrid employment model as a feasible and legally sound framework to bridge the gap between full-time employment and independent contracting in Indonesia. This model not only aligns with Singapore’s adaptive regulatory approach but also offers a policy blueprint for equitable protection without undermining digital innovation. The broader implication is clear: without a comprehensive legal reform that institutionalizes hybrid employment, Indonesia risks entrenching a two-tier labor system that perpetuates inequality within its rapidly expanding digital economy.

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