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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 13, No 1 (2013)" : 15 Documents clear
PERLINDUNGAN PENGUNGSI DALAM PERSPEKTIF HUKUM INTERNASIONAL DAN HUKUM ISLAM (Studi Terhadap Kasus Manusia Perahu Rohingya) Yuliantiningsih, Aryuni
Jurnal Dinamika Hukum Vol 13, No 1 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.1.164

Abstract

 The problem of refugees is a difficult problem that againts up by international community. Commonly, the reason of refugee because of  human rights violation in their State. In the end of 2011, based on report of United Nations, there are 47,5 million refugees from moslem majority, the one of them is called ‘The Boat People’ Rohingya. Islamic law had  interferenced regulation in  international law about protection for refugee . The refugees rights for protection by the host State regulated in Convention relating Status of Refugees 1951 and the protocol relating the Status of Refugee 1967. Islamic law regulated in QS Al Hasyr: 9. The principle of Non Refoulment is a principle that recognized under international law and Islamic law. Non refoulment is a concept in which state shall not return (refoule) a refugee or asylum seeker in any manner. This principle is become international customary law so every State must be implementing it.Key words : The protection of refugees, international law, Islamic law
PENGAKUAN HAK-HAK PEREMPUAN SEBAGAI PEKERJA RUMAH TANGGA (Domestic Workers) SEBAGAI BENTUK PERLINDUNGAN HUKUM MENURUT HUKUM POSITIF INDONESIA Turatmiyah, Sri; Y., Annalisa
Jurnal Dinamika Hukum Vol 13, No 1 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.1.155

Abstract

Many offences to domestic workers’ rights. The research on the legal protection of women as domestic workers (PRT) in Indonesian positive law is intended to allow the legitimacy of women’s rights recognition and protection as domestic workers especially in Employment Act which is being revised/amended at this time. The research was carried out by normative juridical approach. The results showed that the recognition of the rights of women as domestic workers has not specifically stipulated in the Act, given their status as workers in the informal sector, the sector is not organized (unorganized), not regulated (unregulated) and mostly legal but not registered (unregistered). The efforts of the law regarding women as domestic workers concerning their rights to use legislation such as the Constitution, Law No 39, year 1999 about human Rights, Law no. 23 year 2004 (about domestic violence), and part of Law no. 13 of 2003 on Manpower/employment. The government is expected to approve and establish the Law on the Protection of domestic workers.Key words: domestic workers, protection laws, informal sector 
KAJIAN HUKUM KRITIS ALIH FUNGSI LAHAN HUTAN BERORIENTASI KAPITALIS Maladi, Yanis
Jurnal Dinamika Hukum Vol 13, No 1 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.1.160

Abstract

Agrarian inequalities that happening today, especially in relation to forest land conversion for oil palm cultivation, resulting high in forest space conflicts. The phenomenon of the extent of forest damage was caused by state policies that embrace the ideology of forest management based on government-based forest management rules which precipitates patterned repressive law. If the government keeps the forest as a source of state revenue in the name of development-oriented capitalist economy will be negatively impact so many people who become victims of development. To overcome the inequality of forest use, need to review the rules per-oriented laws exploitation (use-oriented) using a study critical legal study.Keywords : land conversion, capitalism, esoteric, critical legal studies 
MENGGAGAS AMANDEMEN UUD 1945 DARI PEMILUKADA Melfa, Wendy
Jurnal Dinamika Hukum Vol 13, No 1 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.1.165

Abstract

The Head of Region Election is a means of democracy for the autonomy region in the efforts to implement the local autonomy through the process of decentralization in the political field to manage and take care the government’s matters in the efforts to improve the people’s welfare which is based on the Section 18 Article (4) Basic Constitution 1945 of Republic Indonesia as its constitutional foundation. At the operational level of constitutional base can cause multiple interpretations about the democracy model that can be carried out. Therefore, that decision needs to be taken an amendment so that it results the clarity and firmness of the Head of Region Election stated firmly and elected directly by people. Furthermore, there’s still “debatable” opinion to classify whether head of general election is included in the regional government regime or the public election regime, so that it needs an amendment towards Chapter VIIB about General Election Section 22E Article (2) Basic Constitution 1945 of Republic Indonesia, that’s why to classify the Head of Region into the General Election management together with House of Representative (DPR), Board of Regional Representative (DPD) President and Vice President and also Regional House of Representative (DPRD). This case will clarify that Head of Region Election is categorized or classified in the General Election regime.Key words: local autonomy, head of region election, amendment 
RULE BREAKING DALAM PENYIDIKAN UNTUK MENGHINDARI KEKERASAN YANG DILAKUKAN OLEH PENYIDIK Raharjo, Agus; Angkasa, Angkasa; Nugroho, Hibnu
Jurnal Dinamika Hukum Vol 13, No 1 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.1.156

Abstract

Violence in the investigation of the suspects are still frequently performed by the investigator. This study aimed to explore the roots of violence committed by the investigator, the legal basis of the work of investigators and legal protections for suspects, and the use of a scientific investigation in the investigation. This research is a qualitative approach is normative and legal study of the law in action, is a social science that studies non-doctrinal and empirical. The results show several things. First, the investigation of violent behavior against the suspect can be found from the history of the police force who works relating to the police. Second, the investigator and the suspect had an investigation on the basis of legitimacy of national legislation and international. Third, does the rule breaking is possible in the investigation to face the deadlock in the investigation due to the behavior of suspects who do not want to give his testimony by using hypnotic techniques. Keywords: violence, investigation, suspect, rule breaking, hypnosis
ALETRNATIF PENYELESAIAN SENGKETA DALAM SENGKETA TRANSAKSI ELEKTRONIK (E-COMMERCE) Salami, Rochani Urip; Bintoro, Rahadi Wasi
Jurnal Dinamika Hukum Vol 13, No 1 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.1.161

Abstract

In e-commerce transactions in cyberspace it is possible occur a dispute as well as dispute occur within a legal relationship which is done conventionally. The more numerous and widely distributed activities of trade, then the frequency of occurrence of dispute be high and it means there'll be a dispute that must be solved. Dispute resolution itself basically qualifying to dispute resolution by peaceful and dispute resolution in adversarial. Resolving disputes peacefully is better known with concensus. While the dispute resolution in adversial, better known as resolution of disputes by a third party who is not involved in the dispute. The form of peaceful dispute resolution is negotiation, mediation and conciliation, while resolution form adversial is through the courts or the arbitral institutions. Dispute resolution in accordance with the philosophy of the inception of e-commerce is through negotiation, mediation, conciliation and arbitration.Keywords: e-commerce, dispute, dispute resolution, alternative dispute resolution
IMPLIKASI PEMBATALAN PERDA TERHADAP KETEPATAN PROPORSI TEORI PENEGAKAN HUKUM DALAM SISTEM PERADILAN DI INDONESIA Fatkhurohman Fatkhurohman
Jurnal Dinamika Hukum Vol 13, No 1 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.1.152

Abstract

After the abrogation of a local regulation made by the central government, the local government may make a legal effort called an ‘objection” mechanism. In the on hand, the objection made by the local government shows that a law enforcement may be well made. On the other hand, an unclear concept of law enforcement arises. It is due to the fact that the substance of the 2004 Law no. 4 article 10 on the Justice Power merely regulates 4 (four) matetrs namely: General Justice, Religion Justice, Military Justice and State Administrative Jutsice. Therefore, any dispute on any decision on local regulation abrogration actually is not included in the fourth category in the concerned justice environment. Efforts that may be made is to add authorities to the Supreme Court by arranging justice institution that handle any local regulation dispute, optimizing executive reviews and applying judicial reviews.  From streamlining improper theories of the solution on the dispute of Local Regulation abbrogation through the Supreme Court, to find out a way out is a necessity in order to avoid any legal uncertainty. Key words:  Local regulation, local regulation abbrogation, objection mechanism 
RELASI HUKUM DENGAN KEKUASAAN: MELIHAT HUKUM DALAM PERSPEKTIF REALITASRELASI HUKUM DENGAN KEKUASAAN: MELIHAT HUKUM DALAM PERSPEKTIF REALITAS FX. Adji Samekto
Jurnal Dinamika Hukum Vol 13, No 1 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.1.157

Abstract

Autonomous law reflects enforceability of modern legal system which is promoting the achievement of formal justice and has biased value on the weak, the poor and the marginalized. Limitations of autonomous law further encourages the birth of responsive law, legal typology which reflects an effort to the substantive justice. Discourse about responsive law actually extremely close to the idea of progressive law offers by Satjipto Rahardjo. In the context of this progressive law indeed we are invited to think out of the box of autonomous law way of thinking. Thinking about out of the box here is that we are not constrained by the way of thinking only in modern legal systems - which reflect autonomous law - and consider that it is the most correct way of thinking, as proven autonomous law in practice of modern legal system is only able to realize the formal justice. Meaning contained in these progressive laws can explain the typology meaning of responsive law. Based on analysis study, the application of legal typology of repressive law, autonomous law and responsive law to the community can be carried out by the authorities at the same time depending on that typology of society.Key words: repressive law, autonomous law, responsive law, progressive law, law and authority 
OPTIMALISASI PERLINDUNGAN DAN BANTUAN HUKUM PEKERJA MIGRAN MELALUI PROMOSI KONVENSI PEKERJA MIGRAN TAHUN 2000 Krustiyati, Atik
Jurnal Dinamika Hukum Vol 13, No 1 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.1.162

Abstract

Enforcement of legal protection and aid for Indonesian Migrant Worker (TKI) still facing a lot of obtacles from many factors, including substance, structure, and culture of law. Ratification of Migrant Worker Convention in Act No. 6 / 2012 and ratification of International Convention of Civil and Political Rights (ICCPR) into Act no.12/ 2005 must be seen as one of state responsibility in extending legal protection and aid for migrant worker. Implementation of these two Convention are immediately and justiciable in nature, since Act No. 16/ 2011 regarding Legal Aid has been previously implemented by Indonesian Government. Adoption of Migrant Worker Convention and ICCPR into national legal system must be accompanied by implementation of legal instruments consistently and continuously regardless of legal, procedural, or administrative. Implementation of this law is necessary to optimally enforce all resources to settle any problems arise regarding migrant workers. Government must keep working on the Revision of Act No. 39 2004 and harmonization between international legal instrument with national legal instrument. Key words : Protection of law, legal aid, migrant worker 
IMPLEMENTASI PERLINDUNGAN HUKUM TERHADAP HAK KEKAYAAN INTELEKTUAL MASYARAKAT ASLI/TRADISIONAL DI KABUPATEN PURBALINGGA Mardiyanto, Agus; Kupita, Weda; Asyik, Noor; Bintoro, Rahadi Wasi
Jurnal Dinamika Hukum Vol 13, No 1 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.1.153

Abstract

The regulating of  intellectual property rights until now has not accommodate intellectual property of traditional/native societies. In Purbalingga, there are 9 traditional commodity cluster, with a number of industry as much as 150 UKM and from that number only 4 which has been registered as intellectual property rights. The research will discuss to implementation of protection of intellectual property rights and factors that tend to influence the protection of intellectual property rights in Purbalingga regency. The method that applicated in this research was juridical sociological. Based on the study, local government has made protection to intellectual property rights through socialization to the public. However, there were factors that tend to hamper the protection of intellectual property rights, including law enforcer/officer factors, media and facilities factors, community and cultural factors. In the research, researcher suggested that the local government made a cooperation with central of intellectual property rights in college, considering human resources still relatively didn't understand technical drafting of intellectual property rights registration. Keywords: legal protection, intellectual property rights, intellectual property of traditional / native societies

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