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Jurnal Ilmiah Hukum dan Dinamika Masyarakat

hdm
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Published by Universitas 17 Agustus 1945 Semarang

ISSN : 08542031 EISSN : 24609005 DOI : 10.36356/hdm.v17i1.1273

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Ilmiah Hukum Dan Dinamika Masyarakat menerima artikel ilmiah dari hasil penelitian (original research article) dan telaah pustaka (review article)

Arjuna Subject : Ilmu Sosial - Hukum

Articles 301 Documents

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PELANGGARAN HAM PADA PERISTIWA PENYIKSAAN YANG BERUJUNG PADA TERBUNUHNYA DUA WARGA SIPIL DI PAPUA OLEH ANGGOTA TNI Yulia Puspita Sari
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 19, No 1 (2021): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

So far, the results of the decisions at the Military Courts have not been able to bring a sense of justice to victims and the public and are far from human rights standards that exist as courts regulated in International Covenant on Civil and Political Rights and The Committee Against Torture which has been ratified by Indonesia. In this article, the author wants to examine more deeply the practice of human rights violations during the torture incident which led to the killing of two civilians in Papua by members of the indonesian army and also compare the application of due process to similar cases in other countries. The method used in this article is descriptive analytical with a normative juridical approach. Data collection techniques through literature study. The results show that the incidents of torture that led to the killing of two civilians in Papua by indonesian army members who are part of the gross human rights violations which are very regrettable are still occurring. Sadly, this case will later be tried only through military court. This raises concerns for many parties because it is prone to injustice on the part of the victim. For this reason, it is recommended that the indonesian army be able to transfer this legal process to the general court or human rights court so that equality is created between indonesian army members and ordinary citizens in a legal position in accordance with the principles of the rule of law as contained in the Constitution.

PERCERAIAN DAN AKIBATNYA MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Agnes Maria Janni Widyawati
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 18, No 1 (2020): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

The purpose of marriage according to Law No.1 of 1974 is to form a happy and eternal family based on The One Almighty God, but in reality not all marriages go as expected, often marriages have to run aground in the middle of the road due to conflicts between a married couple who cannot be resolved except with a judge's decision on the demands of one of the parties in the marriage. The occurrence of divorce has consequences for husband and wife, namely after the marriage breaks up due to divorce, the husband and wife are free to remarry, provided that the ex-wife must pay attention to the waiting time. Besides, it will have consequences on the relationship between husband and wife, children and on property in marriage.

NOTARIS DAN ASAS KEBEBASAN BERKONTRAK DALAM PPJB RUMAH SUSUN Edward Sardono Tedjosaputro
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 19, No 1 (2021): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

One of the primary human needs for survival is a place to live or a house. Withthe limited land available and the increasing population, the type of house such as flats can be an option for Indonesians to get a place to live. With the rampant construction of flats, the government issued Law No. 20 of 2011 concerning Flats to regulate problems in flats. The law states that the Sale and Purchase Agreement (PPJB) can be made in the presence of a notary before the construction process is complete. However, there are conditions that must be met in making PPJB such as the existence of an IMB. In reality, there is a notary who makes PPJB even though the IMB does not exist based on the principle of freedom of contract. The absence of an IMB was included as one of the clauses in the PPJB. On this occasion, the author is interested in seeing how the notary's role in making PPJB is related to the principle of freedom of contract. This research was conducted using the normative juridical method, which was carried out by examining library materials obtained from various sources such as literature, laws and regulations, and the internet which were collected and analyzed. Based on the literature study that has been done, it can be seen that in the principle of freedom of contract there are limitations that should not be violated. One of the limitations in the principle of freedom of contract is that it cannot conflict with existing laws and regulations. Therefore, notaries as representatives of the state have an active role in making PPJB. In relation to the principle of freedom of contract, the notary must adhere to the applicable law and should inform interested parties about the requirements that must be met in making PPJB and ensure that all requirements have been met before PPJB is made.

PENEMUAN HUKUM (RECHTSVINDING) HAKIM DALAM PERKARA PERDATA SEBAGAI ASPEK MENGISI KEKOSONGAN HUKUM Markus Suryoutomo; Mahmuda Pancawisma Febriharini
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 18, No 1 (2020): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

Interpreting a legal rule is an effort to find the meaning of the legal rule, which means distilling or drawing out and displaying it to the surface of the rule of law or the meaning of law that is contained or hidden in the legal rule concerned. Regarding the method or method to find the rule of law, in legal studies various interpretation methods have been developed, including grammatical, historical, systematical, teleological and sociological methods. Regarding the methods there is no stipulation on hierarchical order. Yet it is not impossible that these methods produce different interpretations. However, hermeneutic studies show that all methods need to be involved proportionally in relation to one another whenever interpreting a rule of law.

URGENSI KEBUTUHAN AKTAAUTENTIK DI MASA PANDEMI COVID-19 Andi Suci Wahyuni
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 18, No 1 (2020): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

The economic stimulus policy places an additional burden on its implementation for financial institutions to restructure and renegotiate agreements, so that the need for authentic deeds as evidence becomes the urgency. This study aimed to determine to which Indonesian laws and regulations already accommodated the transformation of notarial deeds in electronic systems and teleconferencing media can be used. This research was conducted with a normative research method and with a conceptual approach to an authentic deed based on the Civil Law system and the statue approach. The results of this study indicate that the need for authentic deeds, in this case, is needed even though the Covid-19 pandemic period is still ongoing. The need for authentic deeds is the main document to strengthen one's position concerning the right of interest before the court. It cannot be predicted how long the pandemic will last. After pandemic, the changes in the way of life will proceed as before. Direct interaction, face to face, and physical presence are not the crucial things in establishing legal relations. Transforming procedures for making authentic deeds by notaries and other public officials need to be done to provide a legal data and supporting facilities so that the transformation of electronic data establishment and filling for the authentic deed and PPATdeed are carried out

TANGGUNG JAWAB HUKUM SECARA PERDATA PADA PERUSAHAAN TERHADAP PENCEMARAN DAN ATAU PERUSAKAN LINGKUNGAN MENURUT UNDANG-UNDANG NOMOR 32 TAHUN 2009 Mig Irianto Legowo
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 19, No 2 (2021): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

The government has launched a sustainable development program, namely development carried out with an environmental perspective. In sustainable development, conditions must be met, namely, first, the existence of environmental sustainability and second, the fulfillment of the community's right to a clean and healthy environment. A process of development or production of a person or corporation. A corporation or company is a business entity or legal entity which in its production process is directly related to the environment. For this reason, it is likely that in the production process it can result in pollution or environmental damage. Environmental pollution and environmental destruction are caused by human actions that intentionally or unintentionally have exceeded the limits and even the environmental quality standards set, resulting in a decrease in environmental quality. , 04:21 WIB The Semarang City Government has three homeworks to do environmental damage. Pollution in Citarum tributaries. In April 2019, the Cibeet River in Taman Mekar Village, Pangkalan District, was filled with foamy waste. 32 of 2009 concerning Environmental Protection and Management (“PPLH Law”) Providing correct, accurate, open and timely information related to PPLH, Maintaining the sustainability of environmental functions, Complying with provisions on environmental quality standards and/or damage standard criteria environment. There are 3 ways to enforce corporate responsibility in environmental law, namely: Administrative Law Enforcement, Civil Law Enforcement, Criminal Law Enforcement, Civil liability discussion is classified separately. and how is the dispute resolution process for environmental pollution and or environmentaldamage carried out by the Company which has an impact on the loss of one of the disputing parties. This research uses normative legal research methods. Based on the description above, the conclusions, the results of the study are that: 1. Efforts that can be made in the settlement process are: Based on the provisions in Article 84 of Law Number 32 of 2009concerning Environmental Protection and Management, the company's responsibility for environmental pollution and or destruction environment, namely: civil liability (compensation), 2. Based on Law Number 32 of 2009 concerning Environmental Protection and Management, regulates efforts to resolve disputes both inside and outside the court, through other means, namely there are There are three ways of resolving disputes outside the court, namely negotiation, mediation and arbitration.

PERJANJIAN KAWIN SEBAGAI PERLINDUNGAN HUKUM BAGI PEREMPUAN (LOKASI: KELURAHAN TANJUNG SELAMAT, MEDAN TUNTUNGAN) Rosnidar Sembiring; Zulfi Chairi; Rabiatul Syariah
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 19, No 2 (2021): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

People still understand the marriage agreement in a negative way. The reason due to the big theme of the content of a marriage agreement is wealth, both innate property and property acquired during the marriage. Based on the above, this paper wants to discuss how the public's understanding of the marriage agreement? and second, what are thesociety's reasons for accepting or rejecting the application of the marriage agreement in their domestic life? This research uses a normative juridical research with a descriptive analytical approach. The results show that people still do not fully understand the function of making a marriage agreement in married life. The things that become the basis for refusing the application of marriage agreements by some people are divided into 2, namely first, because the word agreement is synonymous with business activities such as trading, buying and selling, and so on. So how can something as sacred as marriage be considered like a business activity? Second, wealth is a big theme that is regulated in the marriage agreement. This is considered unethical and materialistic by some people and families in Indonesian culture.

LANGKAH-LANGKAH PEMERINTAH DALAM MENGANTISIPASI ISU PERUBAHAN IKLIM Muhammad Dedy; Sapto Hermawan
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 19, No 2 (2021): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

This article discusses the issue of climate change that is happening in the world today. The government's focus in dealing with this is to develop a National Action Plan for Climate Change Mitigation and Adaptation. This strategy views climate change as a real thing and has an impact on Indonesia's financial and ecological changes. In its implementation, the RANMAPI promoted by the government still encounters various obstacles that make it difficult to achieve the targets that have been set. This article uses the method of induction and deduction with literature study techniques. The purpose of this article is to discuss the government's steps in anticipating the issue of climate change and evaluating the strategies that have been taken. The results and discussion in this article are reviewing government policies by conducting an appropriate evaluation system. The solution steps that can be taken by the government are: First, directing environmental and climate perceptions with the assistance of local organizations based on BMKG data support. Second, enacting a Government Regulation that regulates the Foundation for Implementation of Climate Change Adaptation. Third, changing monetary arrangements by highlighting financing assets for the implementation of climate change transformation programs. With thehelp of various existing components, the Indonesian people believe that the issue of climate change can be resolved through the execution of an ideal strategy program.

PENEGAKAN HUKUM LINGKUNGAN PENGELOLAAN SAMPAH DI KABUPATEN BOYOLALI DALAM RANGKA MEWUJUDKAN PRINSIP GOOD ENVIRONMENTAL GOVERNANCE Purwanto Purwanto
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 19, No 2 (2021): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

Enforcement of Environmental Law on waste management is an unresolved problem, especially in Boyolali Regency in realizing Boyolali Boyolali Green City. This study aims to determine the existence of Human Resources in supporting the Law Enforcement of Waste Management in Boyolali Regency. This research is a normative legal research with a statutory approach. Data were collected by literature study and then analyzed qualitatively. The Boyolali Regency Environmental Service does not yet have a functional position to carry out special duties and functions in environmental management such as the RegionalEnvironmental Supervisory Officer (PPLHD) and PNS Investigators for environmental affairs. Supervision in the environmental field is attached to the tasks of the Licensing, Guidance, and Environmental Compliance Sector. The existing regulations in Boyolali Regency, namely the Boyolali Regency Regulation Number 13 of 2013 concerning Waste Management have not been followed up with the Regent's Regulation so that they have not been able to accommodate as a legal basis in their implementation, and have not been able to reach the implementation level of legal action.

KEBIJAKAN HUKUM PIDANA DALAM PENANGGULANGAN TINDAK PIDANA DI BIDANG PERBANKAN Sri Wulandari
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 19, No 2 (2021): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

Banking as one of the pillars of economic development in Indonesia,has the function of collecting and distributing public funds. Banking crimes are increasingly widespread, prohibited acts are regulated in Law no. 10 of 1998 concerning banking, prohibition is accompanied by threats (sanctions). The banking world has specific characteristics, so law enforcement is not merely enforcing positive laws, but it is necessary to involve the role of Bank Indonesia and the Directorate of Banking Compliance. The results show that banking crimes (TPP) are different from banking crimes (TPdBP), the scope of TPdBP is wider. Efforts to prevent and overcome TP in the banking sector are to use the chain of the criminal justice system, the legal process is intended to provide censure and deterrent effects for perpetrators and provide protection for the community

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Contact Email msu_atlaw@yahoo.co.id

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Contact Name
Markus Suryo Utomo, S.H., M.Si

Contact Email
msu_atlaw@yahoo.co.id

Phone
+628122858770

Journal Mail Official
msu_atlaw@yahoo.co.id

Editorial Address
Jl. Pawiyatan Luhur, Bendan Dhuwur, Kota Semarang

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Kota semarang,

Jawa tengah

INDONESIA