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Jurnal Dinamika Hukum
Published by Universitas Jenderal Soedirman
ISSN : 14100797     EISSN : 24076562     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Dinamika Hukum Fakultas Hukum Universitas Jenderal Soedirman adalah jurnal terakreditasi nasional yang berfungsi sebagai media informasi dan komunikasi di bidang hukum. Jurnal Dinamika Hukum diterbitkan 3 kali dalam satu tahun yaitu bulan Januari, Mei dan September yang didalamnya memuat artikel ilmiah hasil penelitian, gagasan konseptual dan kajian lain yang berkaitan dengan Ilmu Hukum.
Arjuna Subject : -
Articles 10 Documents
 1 
Search results for , issue "Vol 10, No 2 (2010)" : 10 Documents clear
TUGAS DAN WEWENANG OMBUDSMAN REPUBLIK INDONESIA DALAM PELAYANAN PUBLIK MENURUT UU NO. 37 TAHUN 2008 Setiadjeng Kadarsih
Jurnal Dinamika Hukum Vol 10, No 2 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.2.150

Abstract

Ombudsman RI is an institute that has an autonomy and it doesn’t have organic relationship with other state and governance institutes and also it runs its duties and rights free from the involvement of other authority. This institute has right to control the establishment of public service. Ombudsman’s right detail exists in Article 8 Law Number 37Year 2008 concerning ombudsman RI. Besides, OMBUDSMAN is allowed to give advice to the government to make reparation and perfection of organization and procedures of public service in order to avoid administration problem.Keywords: duty, right, public service
TINDAK PIDANA PEMILU LEGISLATIF DI KABUPATEN BANYUMAS DAN PURBALINGGA (Studi tentang Kebijakan Formulasi dan Penerapan Undang-Undang No. 10 Tahun 2008 Tentang Pemilihan Umum) Suharso Agung Basuki
Jurnal Dinamika Hukum Vol 10, No 2 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.2.146

Abstract

Legislative General Election 2009 has opening the opportunity to return sovereignty to people. Therefore, in article entitling, Writer interest to study The Crime of legislative general election which formulated in Code Number 10 Year 2008 concerning General Election Of Member of DPR, DPRD, and DPD, and applying of The Crime of General Election in Sub-Province of Banyumas and Purbalingga at GENERAL ELECTION 2009, which conducted by using yuridis normative approach. Pursuant to research, the crime sanction system in general election have the character of cumulative which it is merger of prison sanction and penalty at the same time that imposed to perpetrator. This matter digresses from crime system in KUHP Section 10. 94 of general election crime in Sub-Province of Banyumas and Sub-Province of Purbalingga only 3 processed. Two judge decisions have execution power, whereas the other decision have discharge defendant from all prosecution or ontslag van of ale rechtvervolging (in Sub-Province of Banyumas). Therefore, writer raise recommendation : cause of the number of Parties participant in general election which many collisions in General, so that this code have to reform again, at specially in the case of penalty and prison sanction, and The Stopping of investigation in police level and public attorney don't be easy to conducted.Keyword: general election, crime, sanction, applying of law.
MALPRAKTIK DOKTER DALAM PERSPEKTIF HUKUM Bambang Heryanto
Jurnal Dinamika Hukum Vol 10, No 2 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.2.151

Abstract

Now adays malpractice problem of health service start to talk lively by the various society. That matter is seen from many indictment cases of malpractice which submitted by the society about a doctor profession that regarded to have inflicted the patient in conducting a task which are cause the wrong act, feel pain, injury, physical defect, body damage, and death. A law justification of doctor malpractice which is cause the inflicted of patient, so the victim side could be demand for materil and immateril compensation. The law protection of doctor malpractice’s victim who is demand to the court, a judges could apply a Res Ipsa Loquitur doctrine, its means that the victim sides does not need to prove the presence of carelessness substances, but they enough to show the truth.Keyword: Malpractice, Res Ipsa Loquitur
EFEKTIVITAS PIDANA PEMBAYARAN UANG PENGGANTI DALAM TINDAK PIDANA KORUPSI (Studi Putusan Tindak Pidana Korupsi di Pengadilan Negeri Purwokerto) Ade Paul Lukas
Jurnal Dinamika Hukum Vol 10, No 2 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.2.142

Abstract

This punishment is proved not effective because there were only two person punished who repaid. The rest failed to do so due either to lack of money or liquid assets. Instead they signed a letter stating their inability to repay the corrupted money and their readiness to undergo subsidiary punishment. The verdicts of Purwokerto regential Court against corruption act during the period between 2004 through 2008 stated that the punished were given additional punishment to repay the corrupted money but not all of them were punished with such additional punishment. The punishment given was without the obligation to repay and verdict of not guilty. There was constraint from the legal aspect. The constraining factors were the difficulty the public attorney faced in tracing the wealth obtained from corruption. There was also the unawareness of the society to report corruption act. Keyword : Legal effectiveness, Repay the corrupted money, Corruption
TUNTUTAN HAK DALAM PERSIDANGAN PERKARA PERDATA Rahadi Wasi Bintoro
Jurnal Dinamika Hukum Vol 10, No 2 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.2.147

Abstract

Procedure of private law in Indonesia have experiencing of some growths, for the example is the mechanism of suing which it's not arranged in Het Herzeine Indonesich Reglement, such as class action, legal standing, citizen lawsuit or actio popularis. This article is study to the difference characteristic of suing in procedure of private law in Indonesia. Pursuant to analysis result, the mechanism of ordinary suing is the mechanism suing by the plaintiff to the sued as effect of contempt of court or break a promise which it have generated loss to plaintiff. Class action is the mechanism of suing by numerous plaintiff which it raised by class representative, that representing his own and his group member, with demand in the form of indemnation. Suing of non government organization (NGO) or legal standing is the mechanism of proffering suing by NGO as collision effect or existence of contempt of court which done by the people which arranged in statues. Citizen lawsuit or actio popularis is a suing that raised by citizen to state, as effect of existence of contempt of court, in the form of neglected the civil rights. Its purpose is formed the law order immediately.Keyword: suing, private dispute, plaintiff, sued
IMPLEMENTASI TUGAS HAKIM PENGAWAS DAN PENGAMAT DALAM PENGAWASAN DAN PENGAMATAN TERHADAP NARAPIDANA (Kajian di Lembaga Pemasyarakatan Klas II A Purwokerto) Dessy Perdani Yuris PS
Jurnal Dinamika Hukum Vol 10, No 2 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.2.143

Abstract

The implementation of court judgments needs to be observed and perceived, thus the birth of Supervisor and Observer Judge Institution by Law No. 8 of 1981. The position of a Judge is not simply responsible for imposition of punishment, but also have to responsible for completion of punishment term by inmates in Correctional Institute by appropriate pattern and program of counseling. Besides in article 277 KUHAP till article 288 KUHAP it is charged another task as supervisor and observer of the court decision. The research results show that the implementation of the Supervisory Judge task and Observers in the execution of court decisions in Purwokerto Penitentiary is based on the Criminal Procedure Code Article 277 through Article 283 Criminal Procedure Code, the implementing regulations of the Supreme Court Circular No. RI. No. 7 of 1985. Supervisory Judge in the performance of duties and Observers in Purwokerto Penitentiary still met the constraints that are internal or external, internal resistance from law enforcement and the factors of factor means or facilities. Then the external barriers are the ruling factor.Keywords : Supervisor and Observer Judge, Purwokerto Penitentiary and prisoner
PERSPEKTIF JENDER TERHADAP PUTUSAN MAHKAMAH KONSTITUSI TENTANG DIHAPUSKANNYA KEBIJAKAN AFIRMATIF PEREMPUAN DI PARLEMEN PADA PEMILU TAHUN 2009 Tri Lisiani Prihatinah
Jurnal Dinamika Hukum Vol 10, No 2 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.2.148

Abstract

Gender activists have two opposite point of view towards the decision from Constitutional Court of Justice (MK). The one who does not agree with the decision argue that the decision can rise many obstacles for women who want to be members of parliament. The women argue that women - compared to men - have more burdens either in private and public life, therefore they have more difficulties to become members of parliament. On the other hand, some gender activists mention that this decision gives a good opportunity for women to show that they are elected into the parliament because of their qualified capabilities with no preference from gender point of view. Besides, in the general election under MK containing a fair competition for both women and men, reflects that people sovereignty is more accommodated, although a substantive gender equality is marginalized. Keywords: gender perspective, the Constitutional Court, affirmative policies
IMPLEMENTASI UNDANG-UNDANG NO. 3 TAHUN 1997 TENTANG PENGADILAN ANAK (Studi terhadap Anak yang Berhadapan dengan Hukum dalam Tingkat Penyidikan di Polres Purbalingga) Mugiman Mugiman
Jurnal Dinamika Hukum Vol 10, No 2 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.2.144

Abstract

In investigating a case involving child, the police always prioritized the child’s interest as the basis of handling the case and tried its best to avoid bringing the case to trial. The employed the penal and non penal approach. The non penal approach was done through diverting and restorative justice method. The diverting method was meant to eliminate the negative effect which might result from legal proceeding, and replaced it with a discretion which was based its function as public service provider. The police did this by aborting the legal process and returning the child to the parents or replacing with other form of obligation for the child to give social service. The impending factors in this implementation was that there had not been common perception among the police officers as the law enforcing body due to their lack of understanding of the spirit of the law. Besides that there was also the constraint due to lack of public service facilities and society’s lack of concern towards their neighborhood and tendency to judge child behavior as the same as that of the adults.Keywords : juvenile, penal approach, non penal approach
SENGKETA LINGKUNGAN DAN PENYELESAIANNYA Handri Wirastuti Sawitri; Rahadi Wasi Bintoro
Jurnal Dinamika Hukum Vol 10, No 2 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.2.149

Abstract

Continuation of the environment at the end of this century has more attention, not only in Indonesia but also throughout the world. Sustainability of the environment this time was viewed as an obligation of the world community. This matter then pushing the environment damage becomes a deed of contempt of court, so it can be a reason to submit the suing. This article study about the solving of environment dispute by extrajudicial procedure and solving of environment dispute by judicial procedure. Based on the analysis, the pollution and destruction of the environment resulted in the loss of certain parties, such as community, the environmental organizations and government. This can be resolved through extrajudicial or judicial procedure. Solution of extrajudicial dispute can be done by mediation, and conciliation of arbitration. Solution by litigation can be done by class action, legal standing, suing to PTUN.Keyword: Sustainable development, dispute resolution, arbitration,
PERAMPASAN DAN PENGEMBALIAN BARANG BUKTI ALAT ANGKUT TINDAK PIDANA ILLEGAL LOGGING DALAM MEWUJUDKAN RASA KEADILAN ( Studi Putusan di Pengadilan Negeri Kandangan, Kabupaten Hulu Sungai Selatan dan Pengadilan Negeri Purbalingga, Kabupaten Purbalingga ) Praditia Danindra
Jurnal Dinamika Hukum Vol 10, No 2 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.2.145

Abstract

PERAMPASAN DAN PENGEMBALIAN BARANG BUKTI ALAT ANGKUT Studies of Decision Number 14/Pid.B/2006/PN.Kgn jo Number 37/PID/2006/PT.BJM shows that the judge was correct in sentencing, but on the evidence they have different opinions. Courts of first return of the evidence to its owner, while the appeals court that the evidence seized goods for the country. This appeals court decision in accordance with the provisions of Article 78 paragraph (15) of Law Number 41 Year 1999 on Forestry, the Supreme Guide of the Technical Judicial and Court Management in 2005 and the Circular of the Supreme Court (SEMA) No. 01 Year 2008. Here the Panel of Judges to act only as an oral (funnel) laws which in French is called "He boushe de la loi." In Decision Number 44/Pid.B/2009/PN.Pbg jo Number 371/Pid/2009/PT.Smg is already really good against the imposition of the penalty or against the evidence that is returned to the beneficiary even though this decision does not match the above rules . Thus, the High Court Judges Semarang sense of justice is more priority than legal certainty.Keyword: sentencing, evidence, justice, legal certainty, illegal logging.

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