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INDONESIA
Dinamika Hukum
Published by Universitas Stikubank
ISSN : 14123347     EISSN : 27465772     DOI : 10.35315//dh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
FOKUS Fokus JURNAL DINAMIKA HUKUM adalah menyediakan artikel ilmiah hukum sesuai tema yang dikembangkan yang disajikan melalui publikasi artikel, laporan penelitian, dan resensi buku. CAKUPAN JURNAL DINAMIKA HUKUM adalah jurnal terbitan Program Studi Ilmu Hukum UNISBANK Semarang Indonesia, yang dimaksudkan untuk meningkatkan kontribusi dalam perkembangan ilmu pengetahuan khususnya dalam kajian ilmu hukum. JURNAL DINAMIKA HUKUM terbuka untuk kontribusi para ahli penulisan dari disiplin ilmu terkait. Artikel-artikel yang dikirim antara lain topik-topik pokok dalam: Hukum Pidana, Hukum Perdata, Hukum Bisnis, Hukum Kriminal, Hukum Internasional, Hukum Ketenagakerjaan, Hukum Islam, Hukum Agraria, Hukum Tata Usaha Negara, Hukum Tata Negara, Hukum Acara Pidana, Hukum Acara Perdata, Hukum Lingkungan
Arjuna Subject : Ilmu Sosial - Hukum
Articles 125 Documents
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PERLINDUNGAN HUKUM BAGI PENCIPTA LAGU PADA MEDIA INTERNET (Kajian Yuridis Sosiologis) Alfin Andrey Ryanto, Adi Suliantoro
Jurnal Ilmiah Dinamika Hukum Vol 20 No 2 (2019): Vol. 20 No. 2 Edisi Agustus 2019
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v23i2.8267

Abstract

Problems related to illegal downloading are still a problem for songwriters or musicians in Indonesia. In the UUHC and the ITE Law, it has also been regulated regarding the protection of copyright infringement through the internet media. In fact, the enforcement of this law is less firm. Based on the explanation given to the description above, this research is entitled "Legal Protection for Songwriters on Internet Media (Sociology of Law Studies)." The formulation of the problem of this research is how the legal protection for songwriters on the internet media, how is the responsibility of the free Mp3 song download service provider against copyright infringement through the internet media for songwriters, public perception regarding the protection of songs circulated on the internet media. The approach method used in this research is sociological juridical. The research specification was carried out by descriptive analytical. The method of presenting data in this study was carried out by direct interviews with the community or filling out questionnaires on the internet. The analysis used in this paper is qualitative. The results show that the legal protection of songwriters has been automatically protected by UUHC, the government has also made efforts to block illegal song download sites but in reality people still download illegal songs on the internet, the responsibility of free song download service providers, in the development of copyright infringement through Internet media is usually charged to the Internet Service Provider (ISP) if the provider provides facilities that allow copyright infringement to occur. Site providers have actually become an irregularity, these sites have shifted their position from being an illegal site to a legal site by positioning themselves as a song search site, the song provider in this case has violated the law. Public perception about individuals who download songs are wrong because they violate the Copyright Law. The public is aware of copyright infringement, but according to facts on the ground, people still download songs without permission. This behavior is carried out because the protection of songs by the Government is not strong enough. There are no strict sanctions for providers of free songs on the internet and free song downloaders on the internet. Keywords: UUHC Protection, Download Songs, Service Providers on Internet Media
PERLINDUNGAN DEBITUR PADA LAYANAN PINJAMAN UANG BERBASIS FINANCIAL TECHNOLOGY Ria Agustianti
Jurnal Ilmiah Dinamika Hukum Vol 21 No 1 (2020): Vol. 21 No. 1 Edisi April 2020
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v24i1.8318

Abstract

Technology assistance is very helpful for community activities including financial institutions, such as the application of Fintech (Financial Technology). Fintech utilizes technology to improve banking and financial services performed by companies by utilizing software technology. Along with the development, Fintech began to have a negative impact, especially from the money loan service or Fintech Peer to Peer Lending (P2PL). the problem is how is the protection for debtors / customers, such as attempts to intimidate customers who have difficulty paying. The method used in this research is normative juridical, namely research based on secondary data, which is then analyzed qualitatively and presented in a qualitative form.Based on the research results, it can be concluded that protection for debtors or customers who feel disadvantaged can take 5 (five) ways, which are regulated in the Consumer Protection Law, OJK Regulation, ITE Law, BI and Government Regulations. Safeguards in the Consumer Protection Law are accommodated in Article 4. OJK's efforts, in collaboration with Kominfo and AFPI, are that if there is intimidation that is detrimental to the debtor, the debtor can submit a complaint report through the website page provided by the OJK and AFPI. Debtors can also report to the authorities. The ITE Law can be seen in Article 26 of the ITE Law. Efforts made by Bank Indonesia, namely BI to form the Bank Indonesia Fintech Office (BI-FTO) and recommend to follow the existing regulations in PBI No. 16/8 / PBI / 2014 and PBI No 18/17 / PBI / 2016 concerning Electronic Money (PBI E-Money). Keywords: Financial Technology, Legal Protection, Debtor Efforts
PERLINDUNGAN HUKUM KONSUMEN DEPO AIR MINUM ISI ULANG YANG HAKNYA DILANGGAR DI KOTA SEMARANG Galuh Puspa Prameswari; Fitika Andraini
Jurnal Ilmiah Dinamika Hukum Vol 21 No 1 (2020): Vol. 21 No. 1 Edisi April 2020
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v24i1.8319

Abstract

In our daily needs as a human being cannot be separated from the natural resource that is bestowed by God Almighty, especially water. People choose to consume drinking water produced by the Drinking Water Depot (AMD) business because of the need for clean and healthy water for consumption. But it turns out that health is not always guaranteed because the drinking water produced by the drinking water depot (AMD) refills is still found many germs that cause disease (pathogens) and is not safe for consumption because it does not meet the standard of eligibility. Issues to be discussed are the legal protection of consumers for their rights being violated by business actors in refill drinking water depots in Semarang City, and the settlement mechanisms that can be taken to resolve various violations of refilled drinking water depots that do not have a business license in Semarang City. The approach method used in this research is a normative juridical approach using secondary data in the form of library materials, documents, and other laws and regulations related to the research that will be discussed. And the analysis technique used is descriptive analytical. Legal Protection for Water Depot Consumers whose Rights are Violated by Business Actors of Refill Drinking Water Depot in Semarang City, are regulated in Article 60 and Article 62 of the Consumer Protection Law as well as in Article 28 of the Regulation of the Minister of Health of the Republic of Indonesia Number 736 / Menkes / Per / IV / 2010 concerning Procedures for Supervision of Drinking Water Quality, while the Settlement Mechanism that Can Be Taken to Resolve Various Violations of Refill Drinking Water Depots that Do not Have Business Permits in Semarang City are regulated in Article 47 and Article 48 of the Consumer Protection Law. Keywords: Consumer Protection, Drinking Water Depot (AMD), Business License
PERLINDUNGAN PENUMPANG KECELAKAAN KERETA API DI DAERAH OPERASI 4 SEMARANG Adelia Dwi Agata
Jurnal Ilmiah Dinamika Hukum Vol 21 No 1 (2020): Vol. 21 No. 1 Edisi April 2020
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v24i1.8322

Abstract

Accidents on the way, are something that is not expected, but if they happen, we cannot avoid them. Likewise with train accidents. Therefore it is necessary to research, in the event of a train accident, whether PT KAI Indonesia, in this case the Daop 4 Semarang area, has carried out its obligations. This study aims to discuss the issue of passenger protection related to Indonesian train accidents in the Operational Area 4 Semarang.The research method used is juridical normative, with descriptive research specifications. Obtaining data using secondary data through library research and interview techniques as a complement to secondary data which is then analyzed using descriptive qualitative methods.The results showed that PT. Indonesian Railways Operational Area 4 Semarang has carried out its responsibilities and obligations in accordance with Article 87, Article 157, Article 167 Law No. 23 of 2007 concerning Railways, namely carrying out evacuations as soon as possible, hiring to the nearest hospital, providing compensation with varying amounts between IDR 500 thousand to IDR 50 million. For passengers, they can also take legal remedies, namely by way of deliberation, conciliation, mediation and arbitration, even though in reality what is being done is filing a class action lawsuit. PT. Kereta Api Indonesia, Operation Area 4 Semarang, is that there are still many passengers who do not understand how to claim Jasa Raharja compensation for accident victims. Another obstacle is the incomplete requirements for PT. Raharja services submitted by passengers. Keywords: PT Kereta Api Indonesia, Accident, Responsibility
UPAYA PENCEGAHAN DAN SOLUSI TERHADAP TIMBULNYA PENCEMARAN LINGKUNGAN HIDUP DARI BUANGAN LIMBAH INDUSTRI Siska Ratna Anjarsari; Rochmani Rochmani
Jurnal Ilmiah Dinamika Hukum Vol 21 No 1 (2020): Vol. 21 No. 1 Edisi April 2020
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v24i1.8323

Abstract

Environmental pollution due to industrial waste disposal is a never-ending concern. There are more and more cases of environmental pollution due to industrial waste disposal, this is very disturbing and disturbing people's lives and threatens the preservation of environmental functions. The research method used in this research is juridical normative by tracing the rules and literature related to the problem under study. The aim of the research is to explain the prevention and solutions to pollution. The results showed that prevention efforts and solutions to the emergence of environmental pollution by planning a good, accurate and accurate production process reduce the use of auxiliary chemicals that are low in pollution load, control water use that is efficient and efficient, reuse and reuse. chemicals contained in liquid waste for production purposes as well as trying to monitor the waste resulting from post-waste minimization activities. Keywords : waste, environment, pollution, prevention, solutions.
ORDER FIKTIF TERHADAP DRIVER GOJEK DAN UPAYA PERLINDUNGANNYA Inka Renandani; Adi Suliantoro
Jurnal Ilmiah Dinamika Hukum Vol 21 No 1 (2020): Vol. 21 No. 1 Edisi April 2020
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v24i1.8324

Abstract

Transportation is a very important aspect of its existence in society, both the transportation of people and goods. One of the well-known online transportation companies in Indonesia is PT Gojek Indonesia. During its development, there have been actions committed by unscrupulous people in the community that harm online motorcycle taxi drivers, namely fictitious / fake orders. Fictitious Order is an order that starts with creating a fake account through an online transportation application that can harm the company.The problem is what is the form of the agreement between the driver and the user and is there the responsibility of PT Gojek Indonesia. The method used in this research is sociological juridical, with data sources in the form of interviews. The results of the analysis were presented descriptively and analytically.The results show that there is no legal regulation that regulates protection for Gojek drivers who experience fictional orders. But from the PT. Gojek provides compensation in the form of compensation money. However, this is not widely used by drivers, because the process of disbursing compensation money takes time, so the driver as the victim prefers to bring the results of the fictitious order himself or sell it to someone else. Keywords: Protection, Transportation, Gojek
PENERAPAN PERATURAN MENTERI PENDIDIKAN DAN KEBUDAYAAN NOMOR 51 TAHUN 2018 TENTANG SISTEM ZONASI PENERIMAAN PESERTA DIDIK BARU DI SMA N 3 SEMARANG Supraptiyaningrum Supraptiyaningrum; Muzayanah Muzayanah
Jurnal Ilmiah Dinamika Hukum Vol 21 No 1 (2020): Vol. 21 No. 1 Edisi April 2020
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v24i1.8325

Abstract

Every country has a purpose in carrying out the welfare of its people. The Indonesian state has the objectives as stated in the fourth paragraph of the preamble to the 1945 Constitution. One of them is to educate the nation's life. Educating the life of the nation aims to ensure that all Indonesians have the opportunity to receive education indiscriminately. Based on Law Number 20 of 2003, it is explained that the purpose of education is to develop the potential of students. The Ministry of Education and Culture issued a new regulation on PPDB, which is a zoning system that aims to create an education that is in line with the state's intent and equal access to services for students. Permendikbud Number 51 of 2018 divides into 3 pathways, namely zoning, achievement paths, and parent movement paths. The purpose of this study is to determine the zoning system regulations in Permendikbud No. 51 of 2019, to find out how the implementation of Permendikbud Number 51 of 2018 in SMA Negeri 3 Semarang, as well as the obstacles that occur and how the solutions are offered. The results of the research show that SMA Negeri 3 Semarang applies the applicable law by using the PPDB pathway, including zoning, achievement pathways, zoning achievement pathways, and also parents moving pathways. SMA Negeri 3 Semarang in implementing PPDB uses a zoning system, admitting that many high-achieving students are excluded. Thus, the Regional Government of Central Java gave the authority to SMA Negeri 3 Semarang to implement additional pathways, namely the achievement pathway, and the zoning achievement pathway, so that the zoning achievement and achievement pathways could minimize excluded students. Keywords: Zoning System, Implementation, Permendikbud.
TINJAUAN KRIMINOLOGI TERHADAP PENYALAHGUNAAN NARKOBA BAGI REMAJA DI WILAYAH KABUPATEN REMBANG Siti Rosedevio T; Safik Faozi
Jurnal Ilmiah Dinamika Hukum Vol 21 No 2 (2020): Vol. 21 No. 2 Edisi Agustus 2020
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v25i2.8326

Abstract

Drug abuse by teenagers is a very serious problem. Because adolescents are candidates for the nation's next generation. Youth is a pillar of social strength which plays a very important role in the development of a nation and country. In the past decade, this problem has become rampant. Evidenced by the significant increase in the number of searchers or drug addicts, this makes me see the factors that cause drug crime by adolescents in Rembang Regency and the efforts made by the Rembang Resort Police in overcoming drug crimes by teenagers in Rembang Regency. This is interesting for the author to make a scientific paper on the criminological review of drugs for adolescents in the Rembang district. The method used by the author is sociological juridical, namely interviews and data interviews, both primary and secondary. According to the results of the study, the factors that most influence decisions are environmental factors and parental education. In daily life, there are still many adolescents who carry out abolition and the Rembang police in overcoming it have done several things, namely repressive efforts in the form of open coordination and repressive efforts in the form of closed coordination. Keywords: Abuse, Teenagers, Drugs
KAJIAN YURIDIS TENTANG IMPLEMENTASI JAMINAN KESEHATAN BAGI WARGA MISKIN DAN/ATAU TIDAK MAMPU DI KOTA SEMARANG Amelia Rizky Budiyanto; Muzayanah Muzayanah
Jurnal Ilmiah Dinamika Hukum Vol 21 No 2 (2020): Vol. 21 No. 2 Edisi Agustus 2020
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v25i2.8327

Abstract

Based on Article 28 H paragraph (1) of the 1945 Constitution. Local governments have the responsibility to fulfill the right to health services for their citizens so that citizens have the right to health services. Thus the Semarang City Government ratified Semarang Mayor Regulation Number 43 of 2017 concerning the Implementation of Health Insurance. The poor and neglected children are cared for by the state, this is stated in article 34 paragraph (1) of the 1945 Constitution. Through the UHC program, the Semarang City Government provides health services to its citizens. The purpose of this study was to determine the implementation of health insurance, especially for the poor and underprivileged in order to improve the public health status. This type of research uses the juridical-normative method, namely by describing the prevailing laws and regulations associated with legal theories and practice of implementing positive law relating to problems. Juridical-normative research is in accordance with the research conducted by the author, because in this study the writer tries to describe the existing facts or existing facts and describe a problem that exists in the implementation of Semarang Mayor Regulation No. 43 of 2017 concerning the Implementation of Health Insurance. With the existence of PBI and UHC, it has helped the community in terms of costs, but it should be added that the Semarang City Regulation Number 43 of 2017 has not regulated in more detail regarding outpatient care so that it still causes a cost burden felt by the community. And also the government still needs to disseminate information about the UHC program, as evidenced in the 3rd (third) year the program is running there are still people who do not know about the program. It is a shame that the benefits of this program cannot be felt by the community as a whole. Keywords: Implementation, Health Insurance, The Poor
PERLINDUNGAN HUKUM DAN KEDUDUKAN PEMEGANG HAK TERHADAP PEMBLOKIRAN SERTIFIKAT HAK ATAS TANAH OLEH KANTOR PERTANAHAN Jazillatul Ulfa; Fitika Andraini
Jurnal Ilmiah Dinamika Hukum Vol 21 No 2 (2020): Vol. 21 No. 2 Edisi Agustus 2020
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v25i2.8328

Abstract

Earth, water and space as well as the natural resources contained therein under the control of the State are gifts from God Almighty whose functions and uses are for the prosperity of the people. Land for the Indonesian Nation is a source of livelihood and is regulated in the provisions of the Law. The Basic Agrarian Law No. 5 of 1990 lays the foundation on providing legal certainty for land rights for the Indonesian people. Legal certainty is obtained after the land registration process. Land rights that have legal certainty can be transferred or transferred. however, in the process, disputes over land rights still occur in the community. Blocking of Land Rights Certificates is taken as an administrative step in the dispute resolution process, but there is a period of only 30 days to record the blocking of Peru, it is known how the factors of land blocking, how to know the position of the holder of the Land Rights certificate when the block is being blocked and when the period is 30 blocking day is over but the dispute has not been resolved. The type of research used by the writer is juridical normative and descriptive analytical research specification by collecting data by means of literature study and interviews which are presented in a descriptive manner and analyzed in a descriptive qualitative manner. The results of the research and data analysis carried out show the factors that cause the blocking of Land Rights Certificates, namely: a. Gono-Gini distribution of assets, b. Land Rights Holders do not have good faith, c. Distribution of Inheritance, d. Lost Certificate, e. There is an investigation by the Police, f. Land rights confiscated by the State Receivables Affairs Committee (PUPN) in connection with the settlement of State Receivables. Legal protection & the position of the Land Rights Certificate Holder when the blockage is carried out is that the right holder cannot take legal action against the blocked land for 30 days after the block registration was carried out, article 19 UUUPA / PP 241997 regarding registration will not be lost The legal certainty of the rights holder remains attached to it as long as there has been no transfer of rights to the land they own. If the 30 day period of blocking is over but the dispute has not been completed, the blocking will not be removed by law and will remain in effect as long as there is no request for revocation by the applicant or the provisions -Other provisions which become the reasons for the removal of the block in accordance with article 14 of the Regulation of the Minister of ATR / Head of the National Land Agency No.13 of 2017 concerning the Procedure for Blocking and Confiscation, this is because in the Land Office (Semarang) there is no system that can identify or filter out expired blocks. Keywords: Land Registration, Legal Certainty, Rightsholders, Blocking of Land Rights Certificates, Position of Rightsholders

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