cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Yusuf Saefudin
Contact Email
yusufalasha@gmail.com
Phone
-
Journal Mail Official
agus.raharjo007@gmail.com
Editorial Address
-
Location
Kab. banyumas,
Jawa tengah
INDONESIA
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 15 Documents
 1   2 
Search results for , issue "Vol 12, No 2 (2012)" : 15 Documents clear
KENDALA PERLINDUNGAN HUKUM TERHADAP BURUH MIGRAN DI KABUPATEN CILACAP TriLisiani Prihatinah; Noor Asyik; Kartono Kartono
Jurnal Dinamika Hukum Vol 12, No 2 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.2.55

Abstract

In Cilacap, migrant workers are the second largest contributors of foreign exchange after oil and gas sector. It's just the contribution of migrant workers is not consistent with the protection provided by the government, seen by the increasing cases of abuse, sexual violence and trafficking. This research located in Cilacap District using normative-sociological approach to analyze the problems of migrant workers in the normative and empirical levels. The results showed that the normative provisions at the national level have not been able to reach the whole problematics of service and protection of migrant workers in the District. The normative problems include the overlapping of the regulation, duplication of regulation, and provision multiple interpretations that complicate its application. Legislation in general is also not reaching abuses of administration officials. While the results of an empirical study illustrate that the complaints of violence against migrant workers conducted largely by parents and migrant workers are mostly from poor families. Key words: migrant workers, protection, local regulation
PERADILAN BERBASIS HARMONI DALAM DALAM GUYUB BUDAYA LAMAHOLOT - FLORES Karolus KopongMedan
Jurnal Dinamika Hukum Vol 12, No 2 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.2.24

Abstract

This study tried to offer a new theoretic perspective about settlement form of criminal case. Through law anthropolgy study by using etnography approach and hermeneutic analysis method, this study more strengthen the faith that the final goal of every court process is not only to determine who is wrong and who is right, but also to find out the justice and the truth. But, additionally judicial process has to make a harmony or rebuild a social relation among the victims of conflict.  Even, a social harmony that was built is managed generally as individual, and collective context, and as also vertically to the Almighty God. The judicial orientation with rich philosophy of harmony can be applied to social sphere, because actually the harmony value is everybody’s dream in the world.                                         Key words:  judicial, criminal, harmony, adat tradition, Lamaholot society.
PENGAWASAN HAKIM KONSTITUSI DALAM SISTEM PENGAWASAN HAKIM MENURUT UNDANG-UNDANG DASAR NEGARA RI 1945 Titik TriwulanTutik
Jurnal Dinamika Hukum Vol 12, No 2 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.2.51

Abstract

This research is normative legal research. The objective of this research is firstly to clarify whether the essence of constitutional court’s judges is not included in the term of judge in the 1945 constitution and Law number 24 2003 on judicial commission. Secondly, to know how model designs of controlling judges of constitutional court are after the issuance of Constitutional court’s decision Number 005/PUU-IV/2006. The conclusion of research are the judges of constitutional court are regular judges bound to all judge regulations in Indonesia, because Indonesian constitution does not recognize different typologies of judges, the note of PAH I BP MPR that formulated amendment of the 1945 constitution the discussion surrounding the typologies of judges never took place; and the legal scholars, generally tend to generalize judges to include judges of constitutional courts. The control of constitutional court necessary to adopt integrated control system, that is internal control is done by Constitutional Court and external supervision mechanism conducted by external independent department, it is Judicial Commission.Based on those findings, in implementing an integrated supervision mechanism of Constitutional Court’s Judges an amendment to the 1945 Constitution is recommended and revising the Law number 22 of 2004 on Judicial Commission and law number 24 of 2003 on Constitutional Court is urgently needed. Key words:    control on justice of Constitutional Court, the system of judge control, an integrated supervision mechanism
SURAT WASIAT SEBAGAI PENGHINDAR CAMPURTANGAN PEMERINTAH DI AMERIKA SERIKAT BAGAIAN SELATAN Tatit Hariyanti
Jurnal Dinamika Hukum Vol 12, No 2 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.2.56

Abstract

Southerners are famous for their exaltation  of their honor and the sanctity of  their private property. Any obstacles in  the ownership and the management of their private property will be regarded as a form of interference and will be eliminated or at least minimalized.   Intestacy laws  and death taxes are regarded as  the government’ s interference. Intestacy laws are applied when there is no valid last will and testament. The taxes  will be high or low depending of  the smartness in utilizing the offered deduction through last will and testament.  Key words:    sanctity of private property, honor, intestacy laws, taxes, interference, last will and testament.
PENYELESAIAN SENGKETA INFORMAL BERBASIS KOMUNITAS ADAT TERPENCIL DI KEPULAUAN KANGEAN (Pilihan Hukum dan Posisi dalam Sistem Hukum Negara) Rina Yulianti; Sri MaharaniMTV
Jurnal Dinamika Hukum Vol 12, No 2 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.2.19

Abstract

The principle of legal procedure which is simple, fast and low cost cannot conducted in term of practice of the court in an Indigenous society. Although, it is implemented in such of remote island, the informal dispute resolution based on indigenous community in Kangean Island is expected to simplify an society access to justice and equality before the law. This research aims at giving the legitimacy of the informal dispute settlement mechanism to the indigenous society, which is far away from the access of the formal justice. The methods used in this research are a combination of statute, conceptual and case approach. The result of this research of this research states that chances of building a justice, at the village level can be embodied through such of judicial construction of judiciary function into a village government system. Through the codification of customary laws and traditional mechanisms in to the structures of village governance is expected to provide legal protection for the informal dispute resolution                                                        Key words : Informal dispute resolution, access to justice, formal justice 
PERLINDUNGAN HUKUM TERHADAP PEKERJA ANAK DI SEKTOR INFORMAL (Studi Kasus Di Kota Kediri) Netty Endrawati
Jurnal Dinamika Hukum Vol 12, No 2 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.2.47

Abstract

Normatively children forbidden to work. To guarantee the protection of working children has been out various laws, which exist principles prohibit children to work, and when forced to work, then the normative such children should obtain legal protection enough guarantee, and the effort was one of them is done through provisions of Article 69 paragraph (2) Law No. 13 of 2003 concerning Manpower. The implementation of legal safeguards against children working in the practice of having many barriers, including economic factors that would be a driver of why kids should be working, cultural factors, factors community participation, and lack of coordination and cooperation, government  aparatur limitations personnel assigned to conduct surveillance, and other factors directly or indirectly, so until now the phenomenon of children working in the informal sector is almost always can be found all over Indonesia, both in big cities and in rural areas. Key words: working children, legal protection, the interests of the child
HAK ATAS PELAYANAN DAN PERLINDUNGAN KESEHATAN IBU DAN ANAK (Implementasi Kebijakan Di Kabupaten Banyumas) Tedi Sudrajat; Agus Mardianto
Jurnal Dinamika Hukum Vol 12, No 2 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.2.43

Abstract

Design of services and health protection for mothers and children in Banyumas directed by a strategic policy to reducing Maternal Mortality Rate (MMR) and Infant Mortality Rate (IMR). In its implementation, especially in Maternal Mortality, the policies were still exceeded the target of Millennium Development Goals (MDGs). In the term of legal protection, the policy not mention the sanction and it’s influence the implementation that not optimal. But if there are omissions or errors that indicated malpractice will be subject by criminal, civil, administrative and ethics sanctions.                                                                                      Key words: health service, legal protection, maternal and child health 
KRITIK IDEOLOGIS TERHADAP DASAR KEFILSAFATAN ASAS LEGALITAS DALAM HUKUM PIDANA DeniSB Yuherawan
Jurnal Dinamika Hukum Vol 12, No 2 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.2.32

Abstract

The essence of legality principle is “None is punishable for doing something unless it is forbidden by law established prior to the action”. Consequently, actor of wrongdoing will not be criminally prosecuted unless penal statutes prohibit what he or she has done. The purpose of this article is to criticize the basic philosophy of legality principle. The point of departure of the critique is ontological basis of legality principle; subsequently, it goes to axiological basis of the principle. By ideological critique, it is to open up to view and at the same time criticize the basic substance and value of legality principle. In addition, this article also reexamines the legality principle. It is found that from both ontological and axiological bases, legality principle has shortcoming in that it relies upon statute rather than the substance of the conduct that may harm another. This article recommends that another more comprehensive principle be introduced, in which ‘any crime should be punished if it contradicts criminal law’ or nullum crimen (delictum) nulla poena sine prǽvia iure poenali (No offense, no punishment without criminal law previously exists).  Key words: Ideological Critique, ontological and axiological bases, and sine prǽvia iure
PERJANJIAN BUILD AND TRANSFER ANTARA PEMERINTAH DAERAH DENGAN PIHAK SWASTA DALAM PENYEDIAAN INFRASTRUKTUR (Studi Di Nusa Tenggara Barat) Zainal Asikin
Jurnal Dinamika Hukum Vol 12, No 2 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.2.123

Abstract

Undergoing local authority does not always bring with it advantage to the local government, but this may challenge the local government to make efforts to support and fund its governmental develop-ment. On of the ways out is by working in cooperation with private enterprises based the law of local execution. This study is intended to analize the cooperative agreement of local government with build and transfer model which is adopted widely by some local governments in Indonesia. Through  normative juridical study along with statute and case approaches, it is found the coopera-tive agreement of build and transfer in Indonesia is ruled by some official regulations which have different substantive points and have conflicted norms and vague rules related to legal subyect, procedures or mechanism of having agreement. In the future  it  is needed to issue legal decision re-lated to cooperative agreement between the local government and private enterprises which is more comprehensively in order to resolve the legal affairs or disputes.  Key words:  build and transfer, infrastructure, bouwheer 
PELAKSANAAN SYARI’AT ISLAM DI ACEH SEBAGAI BAGIAN WILAYAH NEGARA KESATUAN REPUBLIK INDONESIA (NKRI) Syamsul Bahri
Jurnal Dinamika Hukum Vol 12, No 2 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.2.62

Abstract

The application of Sharia law is not a new thing in Indonesia, especially in Aceh. Since pre independent day of Indonesia, Aceh had been famous with its Islamic Empires, such as Samudra Pasai and Aceh Darussalam empires. Nowadays, such law is still applied by the people. However, in applying such law there are some constraints as a result of there is no fix and clear form that can be guidance in Aceh. The efforts done to find the suitable formula for such application are still conducted in every life activity that in the future might give its own characteristic in legal and political studies in Indonesia.  Key words : Sharia Law, special authonomy and Qanun

Page 1 of 2 | Total Record : 15

 1   2 

Filter by Year

2012 2012


Reset
Filter By Issues
All Issue Vol 24, No 3 (2024) Vol 24, No 2 (2024) Vol 24, No 1 (2024) Vol 23, No 3 (2023) Vol 23, No 2 (2023) Vol 23, No 1 (2023) Vol 22, No 3 (2022) Vol 22, No 2 (2022) Vol 22, No 1 (2022) Vol 21, No 3 (2021) Vol 21, No 2 (2021) Vol 21, No 1 (2021) Vol 20, No 2 (2020) Vol 20, No 1 (2020) Vol 19, No 3 (2019) Vol 19, No 2 (2019) Vol 19, No 1 (2019) Vol 18, No 3 (2018) Vol 18, No 2 (2018) Vol 18, No 1 (2018) Vol 17, No 3 (2017) Vol 17, No 2 (2017) Vol 17, No 1 (2017) Vol 16, No 3 (2016) Vol 16, No 2 (2016) Vol 16, No 1 (2016) Vol 15, No 3 (2015) Vol 15, No 2 (2015) Vol 15, No 1 (2015) Vol 14, No 3 (2014) Vol 14, No 3 (2014) Vol 14, No 2 (2014) Vol 14, No 1 (2014) Vol 13, No 3 (2013) Vol 13, No 2 (2013) Vol 13, No 1 (2013) Vol 12, No 3 (2012) Vol 12, No 2 (2012) Vol 12, No 1 (2012) Vol 11, No 3 (2011) Vol 11, No 2 (2011) Vol 11, No 1 (2011) Vol 11 (2011) Vol 10, No 3 (2010) Vol 10, No 2 (2010) Vol 10, No 1 (2010) Vol 9, No 3 (2009) Vol 9, No 2 (2009) Vol 9, No 1 (2009) Vol 8, No 3 (2008) Vol 8, No 2 (2008) Vol 8, No 1 (2008) More Issue