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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 16, No 3 (2016)" : 16 Documents clear
THE IMPORTANCE OF VILLAGE GOVERNMENT LAW RENEWAL AND ITS IMPLICATIONS TO NAGARI GOVERNANCE IN WEST SUMATERA Darmini Roza
Jurnal Dinamika Hukum Vol 16, No 3 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.3.617

Abstract

The establishment of Rural Law is mandated by 1945 Constitution which provides recognition, status, law assurance, diversity, democracy and promote rural indigenous cultural traditions. The imple-mentation of Rural Law has implications towards nagari (village) governance which has to adjust it-self to the system and mechanisms stipulated in the Rural Law. Currently, government and West Su-matera Province regional house of representatives (DPRD) has established Regional Regulation draft on Principles of Nagari administration and waiting for Approval by the Ministry of Internal Affairs. The recognition of nagari as a traditional village and law community unit and the Indigenous communities require legal assurance and rights of origin enforcement as well as its authority in the effort of gov-ernance implementation and community empowerment. Nagari management prospects is West Suma-tera Regional Government agenda to empower villages through village budget aid despite its contro-versy  in terms of maintaining traditional culture of Salingka nagari.Keywords : village, village administration, legal instruments
TRADITIONAL HEALTH CARE POLICY INSTRUMENTS TO SUPPORT THE PUBLIC HEALTH LEVEL OF SURABAYA CITY Lilik Pudjiastuti
Jurnal Dinamika Hukum Vol 16, No 3 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.3.611

Abstract

Traditional health care is one of the health care practices which grows in society. In addition, the existence of traditional practice is legally acknowledged by the Government Regulation No 103 of 2014 on Traditional Health Care. In its implementation of health development, the traditional health care must be reliable, secure and in accordance with religious and social culture norms.In traditional health care, there are some law-violating issues as well as  the lack of public knowledge. Thus, in order to guarantee the quality of traditional health care and improve public health level, the government shall make policy in order to control the traditional health care. The policy can be in the form of laws, license, control and law enforcement. The government policy in order to guarantee the quality of traditional health care is the realization of state responsibility as stated in Article 28 H sub article 1 and Article 28 I sub article 4 of the 1945 Constitution. Keywords: Policy, Traditional Health Care, Law Enforcement
BINDING FORCE OF CONSTITUTIONAL REVIEW DECISION OF CONSTITUTIONAL COURT TOWARD SUPREME COURT Rian Van Frits Kapitan
Jurnal Dinamika Hukum Vol 16, No 3 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.3.449

Abstract

The Supreme Court decision which sentenced dr. Bambang suprapto.Sp.M.Surg. using article 76 of Law No 29 Year 2004 on the Practice of Medicine which had been annulled by the Constitutional Court has proved that the Supreme Court has put aside constitutional court's decision on constitutional review. This paper attempts to justify that at any reason, Constitutional Review decision of Constitutional Court still has binding force on the Supreme Court. It is based on four perspectives: 1. Historical perspective 2. Protected object perspective 3. Functional perspective, and 4. Normative perspective.Keywords: Binding Force, Constitutional Review, Constitutional Court, Supreme Court.
LEGAL IMPLICATION OF PLACING THE GOOGLE BALLOON IN NATIONAL AIR SPACE Cholifah Damayanti; Anjar Supriadhie
Jurnal Dinamika Hukum Vol 16, No 3 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.3.616

Abstract

The air space above the sovereignty of a state is closed to activities of other states except to getpermission from the subjacent state. Challenges and problems in the development and utilization ofnational air space region tend to increase and require problem solving prevention. One of them is theAmerican Google’s plan to cooperate with Indonesian government to put Google Balloon over the In-donesian national air space. The legal implications of this Google Balloon placement become the fo-cus of this study through system legal theory and legal effectiveness theory. Based on the resultsshow that First, from the legal substance aspect, status of Google Balloon cannot be categorized asan air or space vehicle; Second, viewed from the legal institutional aspects, the implementation ofthe project related to the competence of the relevant agencies which does not only involve the min-istry of communication and information but also involve the parliament; and Third, from the legalculture aspect, socialization towards the plan of the project needs to be expanded to prevent anyunfavorable circumstances.Keywords: Balloon Google, legal implications, the National Air Space
QUESTIONING THE SMALL-CLAIMS COURT IN INDONESIA IN THE FRAMEWORK OF NATIONAL CIVIL PROCEDURAL LAW REFORM Anita Afriana; isis Ikhwansyah
Jurnal Dinamika Hukum Vol 16, No 3 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.3.580

Abstract

One of the alternatives to renew the law is by forming regulations and the litigation institutions that can accommodate the society. In private litigation proceeding, manifestation of ideas in litigation reform can be seen through by the Supreme Court Regulation (PerMA) No. 2 Year 2015. This fast procedural mechanism is called small claims court (SCC). This article discusses the effectiveness of SCC implementation in Indonesia as one of the states that enacts civil law system, and its regulation in order to renew civil law procedures. Research methodology used juridical-normative while the results show that SCC is effectively enacted in Indonesia. The prevailing regulation currently in PerMA is to fill the gap of law, considering that the legislation process takes time to establish an act. Thus, it is best for Indonesia to establish SCC within a certain act in the future, to pursue the unification of law within the regime of private law procedures.Keywords : effectiveness, civil law, small-claims court, renewal of law
VICE PRESIDENT TASKS AND AUTHORITIES IN THE CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF INDONESIA UNDER 1945 CONSTITUTION Melan Yusuf Nomleni
Jurnal Dinamika Hukum Vol 16, No 3 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.3.402

Abstract

The amendment of Constitution has not met the the life of the nation’s demand, one of which is the  of the tasks and authorities of the Vice President. This sparks multiple interpretations on the role and its legal implications toward the responsibility over the Vice President tasks and. The results show several reasons underlying obscurity of the tasks and authorities regulation of the Indonesian Vice President stated in 1945 Constitution, among which is the Indonesian governance. The obscure regulation of the Vice President tasks and authorities affects on his/her responsibility. Hence, the clear regulation related to the tasks and authorities of the Vice President as President Assistant in performing state governance is required.Keywords : Regulation, Vice President, Authorities 
RESPONSIBILITY OF THE STATE IN SOLVING CONFLICT AMONG RELIGIOUS PEOPLE (RESEARCH CONDUCTED IN CENTRAL JAVA Rini Fidiyani
Jurnal Dinamika Hukum Vol 16, No 3 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.3.780

Abstract

Freedom of choosing/believing religion/credo is a right guaranteed by the state (Article 28 E point (2) UUD 1945). Nonetheless, that freedom has become a mere myth since the state involves in violation against the freedom of religion/credo towards the minorities in solving their conflict in several places, particularly in Central Java. This research investigates the responsibility of the state towards that conflict using normative and empiric law approach as problem-solving methods. The result of this research  shows several things. First, there found unfairness in the state in solving conflict amongst religious people; Second, there found an involvement from certain religion follower (which supported by the state servant) in conflict amongst  religious people and in other violation against the freedom of religion; Third, it has not been unclear the acts of responsibilty from the state about their behaviours; and Fourth, there found no any way for the victims towards state’s behavior, to claim their rights. To solve the problem, it needs to be arranged in a normative or politic way about how the state takes responsible in dealing with conflict amongst religious people, either as a mediator or as the perpretator of discrimination or the offender of freedom of religion. Besides, we need also to find some ways for the victim to defend their rights and their freedom.Key words: freedom of religion, conflict, discrimination, responsibility of the state.
THE IMPORTANCE OF TAX AMNESTY POLICY IN EFFORTS TO OVERCOME TAX EVASION IN INDONESIA Imas Sholihah
Jurnal Dinamika Hukum Vol 16, No 3 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.3.598

Abstract

Fundamental problems of taxation in Indonesia is a low tax ratio and management of the tax systemhas not been well ordered, especially the handling of the tax evaders. Tax amnesty policy is presentas one of the solutions of the problems of taxation and is part of the tax reform. There are pros andcons to this policy as it pertains to the settings in the Tax Forgiveness Act is considered less sense offairness and legal certainty and are vulnerable to abuse of authority. This policy became importantalthough it is less sense of fairness if the review facilities subject to tax amnesty even though thestate would get the revenue the state in large numbers in a short period of short-term benefits, butif managed by the management and human resources professionals, socialization, and optimizedcontrol, a long-term positive impact to minimize state income tax evasion.Keywords: tax amnesty, policy, tax evation (avoidance)
COLLABORATIVE (PARTNERSHIP) AS A FORM OF "RESTORATIVE JUSTICE" IN CONFLICT RESOLUTION FOREST RESOURCES MANAGEMENT Agus Surono
Jurnal Dinamika Hukum Vol 16, No 3 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.3.648

Abstract

Conflict management of forest resources among communities around forest areas often occur in various regions, particularly in some national parks and forest management as Perhutani in Java and Inhutani outside Java. These conflicts indicate the forest resources management has not effectively made a positive impact in improving communities welfare around forest areas. Although the provisions of Article 3 in conjunction with Article 68 of Law No. 41 of 1999 on Forestry, provide the basis for communities around the forest rights of forest areas, but in reality there are still people around forest areas that do not enjoy such rights and it is this which often leads to conflicts in the management of forest resources. In the event of conflict, the solution can be done collaboratively (partnership) which is one form of restorative justice is an alternative dispute resolution (ADR).Keywords: collaborative, conflict, restorative justice, forest resources.
THE IMPLEMENTATION OF LILIFUK CUSTOMARY LAW TOWARDS COASTAL ENVIRONMENTAL DEGRADATION OF KUPANG BAY Ranny Christine Unbanunaek; Jimmy Pello
Jurnal Dinamika Hukum Vol 16, No 3 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.3.540

Abstract

The kuanheun coastal communities have a customary law that help maintain coastal environmental sustainability resourceS called as lilifuk customary law(lilifuk atolan instrument). This research applied empirical method by formulating three problems: what are the values embedded in lilifuk customary law; how is the of lilifuk customary law contribution to prevent coastal environmental degradation; and how is the correlation between lilifuk customary law values and the law provision on coastal areas and small islands management.The result of the research identified the following; the first, Lilifuk customary law contains religious value, ecological value, communal value, social relations value, solidarity and responsibility value, social leadership value, and educational value. Second, the settlement of law violation by lilifuk customary law is conduted by the following steps: reporting; discussion; verdict; and  execution. Third, there is a correlation between the lilifuk customary lilifuk values and  WP3K Law values.Keywords: lilifuk customary law, environmental degradation, kupang bay 

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