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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 27 Documents
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Climate Resilience Indonesia's National Strategic Program for Social Justice as a Paradox of Coloniality Nuchraha Alhuda Hasnda; David Pradhan; Satrio Wibowo
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.2025.25.3.15852

Abstract

The National Strategic Projects (PSN) are designed to mitigate and adapt the impacts of climate change and safeguard essential environmental functions, due to emissions from the energy sector, the second-largest source of greenhouse gas (GHG) emissions after land-use change and forestry. The rhetoric of sustainable development underlying a colonial rationality that reproduces extractivist regimes, the dispossession of Indigenous territories, and the subordination of local communities in favor of national elites and global markets. Law functions not as a protector of community rights but as a tool to legitimize green grabbing in the name of climate crisis mitigation. This study critically examines the climate law politics of Indonesia in framing National Strategic Projects as solutions for social justice. The research addresses how the coloniality of power operates within national climate law and explores how policy directions can be transformed toward decolonial climate justice grounded in self-determination. Methods used are an interdisciplinary socio-legal approach , global political ecology, and critical coloniality studies. The research analyzes the role of law in structuring and normalizing resource extraction under the narratives of energy transition. The main instrument is a critical legal-political analysis of climate resilience, focusing on legal frameworks, state-corporate actors, and the exclusion of local communities. The result of this research identifies practices of coloniality; power, being, and etymology, and the need for decolonial approaches to climate resilience. The recommendations are local needs-based policies that prioritize affected communities, self-determination through meaningful participation in planning and implementation, and corrective justice as a mechanism to review legal policies for adaptation, restore social rights, and ensure egalitarian knowledge.
Comparative Analysis of Juvenile Criminal Liability: The Indonesian and Malaysian Approaches to Defence of Infancy Muh Endriyo Susila; Stephanie Devty
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.16062

Abstract

The minimum age at which children can be held criminally liable is a central issue in juvenile criminal justice because it reflects how the law defines childhood, liability, and the state’s obligations toward child offenders. This study examines how Indonesia and Malaysia design and apply the defence of infancy and how these choices influence the treatment of children in conflict with the law. The study aims to analyse the conceptual foundations, mechanisms, and practical consequences of the minimum age for establishing criminal liability in both jurisdictions. This study relies entirely on secondary data drawn from legislation, judicial decisions, academic literature, and official documents. Indonesian materials include the Juvenile Justice System Law of 2012 and several illustrative judgments, such as Decision Number 23/Pid.Sus-Anak/2025/PN Lbp, Decision Number 127/Pid.Sus/2012/PN.Bi, and Decision Number 1/Pid.Sus-Anak/2022/PN.Sbr. Malaysian sources include the Child Act of 2001, the Malaysian Penal Code, and case law such as Child v Public Prosecutor [2020] MLJU 13944. The findings show that Indonesia adopts a fixed statutory minimum age of twelve accompanied by diversion and restorative justice mechanisms, while Malaysia applies the doctrine of doli incapax, granting absolute immunity to children under ten and a rebuttable presumption for those aged ten to twelve, with greater reliance on institutional rehabilitation. These differences shape how liability is assessed and how children are processed, rehabilitated, and reintegrated into society. Based on these observations, the study suggests that Malaysia could benefit from expanding restorative practices, while Indonesia requires stronger and more consistent implementation of its existing restorative framework.
Reconstructing Cosmic Harmony: Singer, Indigenous Justice, and the Legal Pluralism of Forest Fire Governance among the Dayak Ngaju Nuredy Irwansyah Putra; Wahyu Yun Santoso
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.17762

Abstract

Recurring forest and land fires (Karhutla) in Central Kalimantan reveal not merely an environmental emergency, but a structural failure of Indonesia’s state-centered environmental law to deliver effective and socially legitimate ecological justice. This article critically examines how the Dayak Ngaju customary legal system challenges the dominance of punitive–administrative fire governance through singer sanctions and community-based adjudication, which frame forest fires as violations of collective ecological order rather than isolated criminal acts. Employing a socio-legal approach, the study combines doctrinal analysis of national environmental law with contextual examination of indigenous legal practices to expose the tension between state law and living customary law in the resolution of forest fires. The analysis demonstrates that, while state law prioritizes criminal liability and regulatory compliance, Dayak Ngaju customary law operates through restorative accountability, material compensation, and community responsibility aimed at restoring ecological balance. This article argues that the marginalization of indigenous legal mechanisms is not a neutral administrative choice, but a source of ecological injustice that perpetuates ineffective fire governance. Its central contribution lies in advancing a critical legal pluralism framework that repositions Dayak Ngaju customary law as a legally operative system capable of correcting the limitations of state environmental law. By foregrounding indigenous legal sovereignty as an analytical claim rather than a cultural footnote, this study offers a normative critique of Indonesia’s environmental governance and proposes a more context-sensitive pathway toward ecological justice grounded in legally recognized pluralism.
Advancing the Protection of Child Victims of Crime: A Comparative Study of Indonesia and the Philippines Erly Pangestuti; Dian Arlesti Lukman; Retno Sari Dewi; Jessica Mae S. Monzon
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.18570

Abstract

The protection of children as victims of crime remains one of the major challenges in modern child protection legal framework systems, particularly in developing states such as Indonesia and the Philippines. Although both states have constitutional commitments and national policies aimed at safeguarding children’s rights, the implementation of protection for child victims often encounters structural, cultural, and institutional obstacles. This article examines the role of child protection legal framework in strengthening the protection of child victims through a comparative analysis of legal frameworks, policies, and law enforcement practices in both states. The study employs a comparative legal research method by analyzing relevant legislation, jurisprudence, and public policies on child protection. The findings indicate that Indonesia and the Philippines both possess a strong legal foundation for child protection, as reflected in the Child Protection Law of 2002 (amendment 2014 and 2016) and the Philippines’ Republic Act No. 7610 of 1992. However, the effectiveness of implementation remains limited due to inadequate inter-agency coordination, resource constraints, and a lack of sensitivity among law enforcement officials toward child victims. This study underscores that child protection legal framework plays a crucial role not only as a normative regulatory instrument but also as a means of social engineering that promotes justice and the well-being of child victims of crime. The main recommendations include strengthening institutional capacity, enhancing training for law enforcement personnel, and harmonizing cross-sectoral policies to achieve more effective and sustainable child protection.
Global Norms and Constitutional Law in Indonesia and Pakistan Sri Amlinawaty A Muin; Muh. Zulkifli Muhdar; Syed Muhammad Huzaif Mail
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.19162

Abstract

The interaction between international legal norms and national constitutional law has become increasingly complex, particularly in countries with strong ideological and religious foundations. This study aims to analyze the process of legal adaptation of global norms within the constitutional systems of Indonesia and Pakistan and to identify the social, political, and religious factors that influence their legitimacy and effectiveness. This study employs a comparative legal analysis, focusing on constitutional provisions, statutory regulations, and relevant legal doctrines in Indonesia and Pakistan. The findings reveal that Indonesia adopts a dialogical– inclusive model, in which universal human rights values are contextualized through Pancasila and the principle of Divinity as normative filters, whereas Pakistan adopts a defensive–theological model that positions Sharia as the ultimate boundary of legal supremacy over global norms. Social, political, cultural, and religious values play a significant role in determining the degree of legitimacy and the practical effectiveness of international norms within each domestic context. This study concludes that the effectiveness of implementing international norms largely depends on a state’s ability to balance global commitments with the authenticity of its local values.
Surrogate Mothers: A Radical Feminist Perspective and Regulation in Indonesia Anna Maria Salamor; Ani Purwanti; Irma Cahyaningtyas
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.17742

Abstract

A surrogate mother is a woman who agrees to carry a child for a married couple in exchange for compensation. The practice of surrogacy occurs in various countries around the world, both openly and secretly. The purpose of this study is to analyze the practice of surrogate motherhood from the perspective of radical feminist theory and its regulation in Indonesian legislation. The method used is non-doctrinal, with primary data obtained from interviews with informants selected freely and secondary data. The findings of this paper show that radical feminism criticizes and rejects the practice of surrogacy, which is considered to create destructive divisions among women based on social and economic class. The regulation of surrogacy in Indonesian legislation includes the Health Law of 2009 (Amendment 2023), which has not yet been regulated, the MUI fatwa, which prohibits it, and civil law, which considers surrogacy agreements invalid. This article is expected to provide women with a perspective on the practice of surrogacy, which is not always a way out of economic problems, and on the fact that Indonesian legislation does not yet have a strong legal basis for regulating the practice of surrogacy. his study highlights the structural vulnerability experienced by surrogate mothers within patriarchal and capitalist frameworks. It also emphasizes the urgency of establishing clearer and more comprehensive legal regulations to ensure the protection of women’s rights and the legal status of children born through surrogacy practices in Indonesia.
The Algorithmic Dilemma: Online Gambling Blocking and Data Privacy in Indonesia's E-Government Vanessa Riarta Atmaja; Rina Shahrullah; Ampuan Situmeang
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.17845

Abstract

The rapid proliferation of online gambling in Indonesia has prompted the Ministry of Communication and Informatics to implement large-scale algorithmic blocking measures, creating a critical tension between cybersecurity enforcement and citizen data protection. This study investigates the unintended consequences of these automated blocking mechanisms on government digital infrastructure that hosts personal data. Using normative legal research methodology with a conceptual approach grounded in Gustav Radbruch's legal philosophy which emphasizes. The research analyzes primary legal materials, including the Electronic Information and Transactions Law and implementing regulations, supplemented by secondary data from policy documents and case studies of breached government websites. Results demonstrate that while algorithmic blocking has successfully reduced gambling site accessibility by over 80%, it has simultaneously compromised data security indiscriminately blocking compromised government portals without adequate due process mechanisms. The absence of transparent algorithmic criteria in the TRUST+Positif system and the lack of procedural safeguards have created legal uncertainty and disproportionate impacts on public service delivery. The study concludes that Indonesia's current approach prioritizes technical utility over justice and legal certainty, necessitating regulatory reforms that balance cybersecurity objectives with constitutional privacy protections through precision-based blocking, algorithmic transparency requirements, and independent oversight mechanisms to ensure digital governance that respects fundamental rights while effectively combating online gambling.

Page 3 of 3 | Total Record : 27

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