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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.
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Articles 16 Documents
 1   2 
Search results for , issue "Vol 16, No 2 (2016)" : 16 Documents clear
JUDICIAL PROBLEMATIC OF SURVEILLANCE JUDGE IN THE CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF INDONESIA Muhammad Fauzan
Jurnal Dinamika Hukum Vol 16, No 2 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.2.615

Abstract

The presence of the Judicial Commission in the constitutional system of the Republic of Indonesia is mandated by the constitution of 1945, which in the execution of their duties and functions has provoked a variety of opinions, especially related to the supervision of judges who are considered to threaten the independence of the judicial power. Based on the results of discussion it is concluded that the juridical problematic which happens to the supervision of judges in the constitutional system of the Republic of Indonesia covering the  First, unclear formulation of Article 24B of the  Constitution 1945, especially related with the other authority of the Judicial Commission in order to preserve and enforce the honor, dignity, and the behavior of judges. The Second, it is related with the disharmony and inconsistency legislation regulations that controlling the supervision of judges, The Third, it is related to the institutional organization of the Judicial Commission and the Fourth, it is related to the vagueness of the definition of supervision. Keywords: problematic, Surveillance Judge, Indonesia
SOCIAL CONFLICT SETTLEMENT THROUGH REGULATION OF SURAT TUMBAGA HOLING IN BATAK ANGKOLA SOCIETY Anwar Sadat Harahap; Ahmad Lahut Hasibuan
Jurnal Dinamika Hukum Vol 16, No 2 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.2.558

Abstract

The main purpose of this research is to find the law setting model in preventing the social conflict through the regulation of Surat Tumbaga Holing in batak Angkola society. While the problem in this research is how the preventing model and settlement procedure of social conflict through regulation of Surat Tumbaha Holing. This research is using the empirical juridical research method. The reseach shows that the model of preventing social conflict based on regulation of Surat Tembaga Holing are settle by using: Sipaingot, Pastak-Pastak ni Paradaton, Uhum dohot Patik, Hapantunon, Tutur dohot Poda, Marga, Dalihan na Tolu, Martahi, Mangupa. This model used by batak society in order to solve the social conflict, so the potential of conflict that exist can be muted. Keywords: Prevention, Settlement, Social Conflict, Surat Tumbaga Holing, Batak  Custom of Angkola 
THE LEGAL ARRANGEMENT OF WAGE PROTECTION BASED ON THE PRINCIPLE OF LEGAL CERTAINTY Y Yetniwati
Jurnal Dinamika Hukum Vol 16, No 2 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.2.596

Abstract

The wage protection in Indonesian positive law is still not provide legal certainty for the weaker party in the aspect of social economic. In every anniversary of May Day, labor union always demanded to abolish the wage cost, which the Government Regulation No. 78 Year 2015 leanihg to the interests of investors. The principle of legal certainty in the norm of wage protection needs to be realized with respect to: the concept of wage protection, lack of certainty purpose of law, established by the competent authorities, accepted by society, legal materials in accordance with the legal hierarchy, the company's obligation to make books wages, and avoid multiple interpretations in legal norms.Keywords:  protection of wages, labor, legal certainty. 
MODEL OF SISTER CITY COOPERATION IN ORDER TO IMPROVE REGIONAL DEVELOPMENT IN BANYUMAS REGENCY Noer Indriyati; S Sanyoto; Aryuni Yuliantiningsih; Agus Mardianto; W Wismaningsih
Jurnal Dinamika Hukum Vol 16, No 2 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.2.562

Abstract

The world has entered an era of openness, the nation that choose to close from international relations will be excluded from modern civilization. Sister city is the concept of coupling of two different cities and political administration with the aim of establishing relationships of cultural and social contact between people. This paper used statutory approach, with a qualitative analysis of the juridical. Cooperation with overseas regions are snowball, which mean begins with one thematic cooperation and can be resume in other fields. Sister city cooperation can increase foreign exchange thereby increasing regional development. Cooperation in the Regency of Banyumas has yet to be realized, and reach new level of offerings to the country's area contact.Keywords: Authority, Banyumas Regency, Sister City.
THE VICTIM HANDLING MODEL OF HUMAN TRAFFICKING THROUGH ECONOMIC INDEPENDENCE Henny Nuraeny; Tanti Kirana Utami
Jurnal Dinamika Hukum Vol 16, No 2 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.2.481

Abstract

Trafficking in persons is a modern trading of human slavery. Trafficking in persons is also one of the worst forms of violation of human dignity that results in trauma to the victims. To that end, there should be a comprehensive treatment for victims.The problems that can be studied is whether a model that can be applied in the treatment of victims of trafficking in Cianjur and disseminating technical how models Handling of Victims of Trafficking in Persons (Trafficking) in Cianjur.This study uses normative juridical approach and specification of descriptive analysis. The results of this study are alternative models to handle victims of trafficking in Cianjur is a service model based on inter-institutional and economic empowerment through planting camelina sativa with socialization techniques involving local government, private sector, community leaders and students through legal counseling and advocacy. Keywords: human trafficking, the victim handling model, socialization
CONFLICT BETWEEN FISHERMEN IN MADURA; CAUSES AND SOLUTIONS Winarwati, Indien; Hasanah, Uswatun
Jurnal Dinamika Hukum Vol 16, No 2 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.2.559

Abstract

Low productivity leads to competition among fishermen to get fish catches are becoming increasingly stringent because the regime of fish resources management is open (open access). These conditions are prone to conflict. This research is normative-qualitative research, design and method are combination of normative research methods and sociological research methods. There were many factors that cause conflicts between fishermen in Madura that erroneous perception about the ownership of the sea, differences in use of fishing tool, and violations of fishing area. The Conflict is resolved between the head of the fishermen's group, which was attended by village officials and community leaders. If that not works, the village officials will involve Pol.Airud, KAMLA, and the Department of Fisheries and Marine Affairs, and the results are set forth in the form of a written agreement. Keywords : conflict between fishermen, causes of conflict, resolution of conflict, Madura 
LEGAL POLICY OF INVESTMENT GOVERNMENT REFORM IN INDONESIA Darmawan, Agus
Jurnal Dinamika Hukum Vol 16, No 2 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.2.564

Abstract

The study aims to find a legal policy model the Indonesian government in the management of government investment in infrastructure financing alternatives towards improving the welfare of all the people of Indonesia. This study uses a normative approach. The results showed that the management of government investment undertaken by the Government Investment Unit as a public service unit is not optimal and governance need to be improved. Legal reform through the establishment of a legal entity sui generis and realignment of authority operators, regulators and supervision in the management of government investment is expected to realize the objectives of the management of government investment as stipulated in Article 41 of Law No. 1 of 2004 on State Treasury. Keywords: legal policy, government investment, and legal reform.
SUBSEQUENTLY AQCUIRED ASSETS AS FIDUCIARY SECURITY ON BANK LOANS Usanti, Trisadini Prasastinah
Jurnal Dinamika Hukum Vol 16, No 2 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.2.581

Abstract

Collateral in terms of subsequently acquired assets namely subsequently acquired credit might be charged with fiduciary security. This collateral is not considered ideal regarding the high risk a bank must take. To minimize the risks, the bank analyzes the credit thoroughly, impose fiduciary security officials perfectly and performs monitoring of credits regularly to avoid misconduct committed by the debtor. If a default occurs, the bank will take over the assets. Nevertheless, the problems of execution on the subsequently acquired credits might arise due to debtor's default and bad debts to the third party. Consequently, subsequently acquired assets as collateral provides as additional collateral.Keywords: bank, subsequently acquired objects, fiduciary, security, loans.
LEGAL DYNAMICS AND IMPLEMENTATION PROBLEMS OF JUDICIAL REVIEW AUTHORITY IN THE SUPREME COURT Janpatar Simamora
Jurnal Dinamika Hukum Vol 16, No 2 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.2.490

Abstract

This paper is intended to find out how the development of settings as well as problems of imple-mentation of judicial review authority of the Supreme Court. Based on the development the settings, the Supreme Court has long had the judicial review authority. Correspondingly, there is a develop-ment setting judicial review authority through a number of regulations. However, in practice, there are a number of problems. First, in terms of regulation, not reflecting the comprehensive procedu-ral law. Second, in terms of judicial review case handling process, has not shown that there is trans-parency. Therefore, it should be repair, so that the implementation of such authorities take place optimally and able to offset the reputation of the Court. Keywords: judicial review, judicial institutions, Supreme Court
LEGAL PROBLEMS OF DUALISM OF JUDICIAL REVIEW SYSTEM IN INDONESIA Pan Mohamad Faiz
Jurnal Dinamika Hukum Vol 16, No 2 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.2.535

Abstract

Indonesia implements dualism of judicial review system because there are two different judicial institutions that are granted the authority to review laws and regulations, namely the Constitutional Court and the Supreme Court. This research aims to analyse the problems caused by the dualism of judicial review system. It found two main legal problems of the current system. First, there is an inconsistency of decisions concerning judicial review cases for the same legal issues decided by the Constitutional Court and the Supreme Court. Second, there is no mechanism to review the constitutionality of People’s Consultative Assembly (MPR) decisions and regulations under the level of law. Based on these findings, this research suggests that the authority to review all laws and regulations should be integrated under the jurisdiction of the Constitutional Court.Keywords: Constitutional Court, Constitutional Review, Judicial Review

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