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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 16 Documents
 1   2 
Search results for , issue "Vol 15, No 3 (2015)" : 16 Documents clear
LEGAL DEVELOPMENT BASED ON LOCAL WISDOM AS THE BASIS OF A SETTINGS FOR RELIGIOUS LIFE IN CENTRAL JAVA Rini Fidiyani; Baidowi .
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.478

Abstract

The constitution guarantees freedom of religious life in Indonesia. This guarantee is becoming a myth that is caused by the inability of the state or its agents in fulfilling the promises of its constitution. Religious life in Central Java that seems comfortable but it seems to keep fire. This study is a qualitative research with anthropology, ethnography and law approach. The results shows that the religious conflicts that occurred in Central Java, is because the inappropiate view of the religious exclusivism and the decreasing local wisdom in daily life. Though Central Java have local wisdom which can be used as material development of laws in conflict resolution. But there is a juridical obstacles in its development, because of the unsynchron between the law relating to local authorities in making policy of inter-religious conflict resolution. Therefore, the development of laws based on local wisdom can be done if the juridical obstacles is overcome first.Keywords: freedom of religion, local wisdom, exclusivism, inclusivism, juridical obstacles, social conflict.
PROBLEMATICS ON SEPARATION OF POWERS THEORY IMPLEMENTATION haposan siallagan
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.415

Abstract

Berdasarkan teori pemisahan kekuasaan negara atau teori trias politika sebagaimana dipopulerkan Montesquieu, kekuasaan negara dipisahkan dalam tiga cabang utama, yaitu legislatif, eksekutif dan yudikatif. Secara teori, teori tersebut selalu dijadikan rujukan berbagai negara di dunia. Namun, dalam tataran praktik, teori pemisahan kekuasaan justru sangat jarang dijalankan secara konsisten dengan berbagai pertimbangan. Hal ini menjadi problem tersendiri terkait dengan implementasi teori pemisahan kekuasaan. Agar tidak menimbulkan problem dan perdebatan berkepanjangan, seyogianya berbagai negara di dunia dapat menjaga konsistensi antara teori dan praktik mengenai pemisahan atau pembagian kekuasaan negara yang dijalankan di masing-masing negara.Kata Kunci: checks and balance, kekuasaan negara, pemisahan kekuasaan. AbstractBased on theory of powers separation as popularized by Montesquieu, state power is separated into three main branches, namely the legislative, executive and judicial. Theoritically, the theory was always used as a reference in various countries around the world. However, in practice, the theory of separation of powers it is rarely implemented consistently with a variety of considerations. It becomes its own problem regarding the implementation of the powers separation theory. To avoid problems, the theory and practice of the separation system or division of state power must be executed consistently. Keywords: check and balance, state power, separation of power.
ROLE OF LAW IN CONSTRUCTION AND DEVELOPMENT OF SMALL SCALE INDUSTRIES THROUGH NORMATIVE PERSPECTIVE Endang Sutrisno
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.411

Abstract

 The presence of law has become an absolute prerequisite that must exist in the dynamics of civil society. It is to achieve justice, certainty, and expediency, so the works of it will not be separated from such a noble mission. On the other side, the law is likely inseparable from the fields of meta-juridical, including economics. The expectations of the interference of law into economy, makes the existence of justice for the business players can be realized through the enacted product legislation. Regulations concerning investments and partnerships have the intent to build self-reliance and empowerment for small industry players so as to compete in the era of economic globalization. Laws employed as the instrument of social change to strengthen the capitalization of small industry and business empowerment through the training and development of small industries, as normatively mandated by law. Key words : Law, Economic, Small Industry
LAW PROTECTION FOR DOMESTIC INDUSTRIES DUE TO DUMPING PRACTICE Anita Kamilah
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.407

Abstract

International trade is business transactions conducted across borders, which has the goal accumulated maximum profit (profit optimal). In this implementation, corporations often do business by unfair competition, such as dumping, which could damage the order of the importing country trading system. The problem is what factors are causing a corporation carrying out the practice of dumping, and also; and How is legal protection against a country as a result of dumping practices. Factors that cause dumping, to profit by setting lower prices in the import market and the monopoly in the market of the importing country. A form of protection for countries that suffered losses as a result of dumping practices which could impose "anti-dumping duty", as a punishment for the exporting country. Due to losses caused by dumping, the government should make a law that specifically regulates the protection of domestic industry due to the practice of dumping.Keywords: Domestic industry, dumping practices, law protection  
REALIZING LEGAL PROTECTION FOR OUTSOURCING WORKERS THROUGH EMPLOYMENT SETTING SYNCHRONIZATION Khairani K
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.430

Abstract

Debating on the outsourcing existence in Law No.13 of 2003 regarding to Labor, is still continuing even though there has been a decision of Indonesia Constitutional Court (MK) who stated the rules that the content of Article 65 paragraph (7) and Article 66 paragraph (2) has been outlawed. The problems of this research are: How is the outsourcing concept of regulating in the labor law and the regulation of the labor minister No. 19 of 2012; and What effort to keep the outsourcing arrangement can provide legal protection for workers? This research use juridical normative method. The research finds that some of the concept is in contradiction with the 1945 constitution and another Law which is related to the protection of labor, and even with the other articles that exists in the Labor Law itself so thats the norm contains contradictio adconceptio. Therefore, the system of outsourcing that will be regulated should consider the principles of goof outsourcing governance. They are: legal protection, non-discrimination, worker as the subject not as an object, benefit and welfare, sustainable working relation, and the shifting of protection to the labor.    Keywords: Law Protection, Outsourcing setting, synchronization
THE RELATION BETWEEN THE OBJECTIVE OF WTO AND ECONOMIC RIGHTS Intan Innayatun Soeparna
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.445

Abstract

WTO Members are obliged to provide trade rules and mechanism conducive for their citizens to conduct economy activities across frontier in order to pursue their economic interests. This obligation is based on economic rights that are granted in their national constitutions. It thus necessary to analyse the relation between the objective of WTO Agreements and economic rights in order to seek the clarity of the primary intention of WTO Members to conduct international trade under the WTO Agreements
ARRANGEMENT OF LAW BY STATE FINANCIAL AUTHORITY IN REALIZING NATIONAL BANKING INDUSTRY THAT’S HEALTHY AND DYNAMIC. Muammar Arafat Yusmad
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.394

Abstract

The development of national banking nowadays are growing fast, competitive and integrative. One problem of Indonesian banking system related with practicing law arrangement which is a harmonization process toward legislations.          The focus problems are: law arrangement in banking governance, the procedure of the law arrangement in achieving national bank industry which are healthy and dynamic. As intermediary institutions, bank should be in a healthy condition in order to gain public confidence and deserve to increase national economic growth.          Based on the conceptual discussion, obtained arguments are: (1) The law arrangement of national banking should be done coodinately between Otoritas Jasa Keuangan (OJK) and Bank Indonesia (BI); (2) Procedure of law arrangement according to the function and authority of OJK and BI which the urgent subjects are to avoid conflict of norm,  overlapping policies and limited validity of norm of the law case which happen and will be happen; (3) banking law arrangement include bank arrangement and supervision system, strengthening internal condition of the bank, empowering and protecting consumer with complaints mechanism and follow-up which are clear and measurable.  Key Words:  Law arrangement, banking, health and dynamic bank.
HOSPITAL SUPERVISORY BOARD ROLE IN MEDICAL DISPUTE SETTLEMENT IN HOSPITAL (ANALYSIS TOWARD MECHANISM AND NORMATIVE OBSTACLES) Nayla Alawiya; Aryuni Yuliantiningsih; Dessi Perdani Yuris Puspita Sari
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.395

Abstract

Health services are not always able to deliver the results expected by the patient or the patient's family. The gap often makes the dissatisfaction that arises medical disputes, including disputes in the hospital. Law No. 44 of 2009 on the Hospital Board of Supervisors ordered the establishment of the Hospital that one role is to resolve disputes hospital. But government regulation of the Hospital Board of Supervisors recently issued in August 2013, and setting the Hospitals Act does not mention the prior regulations promulgated which raises normative barriers. The method used is normative. Results of this study is that the Supervisory Board has the task Central Hospital preparing procedures for handling complaints and mediation, while receiving the complaint and make efforts to resolve the dispute by way of mediation is the Supervisory Board Provincial Hospital. Hospital Board of Supervisors province can not perform tasks because the procedures for complaints and mediation has not been established by the Board of Supervisors Hospital Center. Law No. 44 Year 2009 has a setting that is not in sync with Act No. 39 of 2009 and Law No. 29 of 2004.Keywords: Supervisory Board Hospitals, normative barriers, dispute resolution, hospitals 
A DISCIPLINE PENALTY ENFORCEMENT MODEL TOWARD NEUTRALITY VIOLATION OF GOVERNMENT EMPLOYEES ON REGIONAL ELECTION IN CENTRAL JAVA Tedi Sudrajat; Sri Hartini
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.460

Abstract

 At this time, the implementation of neutrality for government employees are still use the legalistic approach. It doesn’t mean that this approach is problematic, but its not relevan when this approach is a self-implementing. That's why the policy is required by casuistry and situational approach, which means that the rule become the basis of law enforcement, while the case resolved by the consideration of the situation and the real reason that occur in the field. In this regard, the government should set standards, procedures and clear criteria against violations of neutrality as a basis for the imposition of penalties that are scalable and doesn’t have a double standard. Thats why its necessary to have institution that independent, objective and transparent. Keywords: Legal Policy, Neutrality, Law enforcement. 
COMPARISON OF CONSTITUTIONAL COURT AUTHORITY BETWEEN INDONESIA AND SOUTH KOREA Janpatar Simamora
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.446

Abstract

This paper is intended to find out the comparison between Indonesian and South Korea constitutional court. Constitutional Court of Indonesia and South Korea have same authority, namely judicial review, the authority decide the disputes between state institutions and the dissolution of political parties. However, there are some differences. From the point of authority, Constitutional Court of Korea is more comprehensive because it has the constitutional complaint authority and in deciding the dispute of state institutions authority, the dispute type of the state institutions authority is classified explicitly. But fromthe point of judicial review execution, the constitutional court in Indonesia is more comprehensive because the applicant could be more flexible. Indonesian Constitutional Court should be able to adopt the excellence of Constitutional Court of Korea while maintaining it’s excellence to maximize the Constitutional Court as escort agencies and  interpreter of the Constitution.Keywords: Indonesia, authority, South Korea, constitutional court.

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