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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
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Search results for , issue "Vol 16, No 3 (2016)" : 16 Documents clear
ANALYSIS OF CONSTITUTIONAL COURT VERDICT NUMBER 14/PUU-XI/2013 ON THE PRESIDENTIAL THRESHOLD S Suparto
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.2016.16.3.523

Abstract

In judicial review on Article 9 of Law No. 42 of 2008 on Election of President and Vice-President which regulates presidential threshold, the Constitutional Court declined it since it is an open legal policy mandated by Article 6 paragraph (5) of the 1945 Constitution that the administration of President and Vice-President election will be further regulated in a Law. This reason is deemed insufficient as the Article 6 paragraph (5) regulates procedures (phases of the process), not requirements for candidates of President and Vice President to be eligible on participating in the election. Moreover, Article 9 of Law No. 42 of 2008 potentially expands the norms as stipulated in Article 6A paragraph (2) of the 1945 Constitution in which the candidates for President and Vice President shall be nominated by a political party or coalition of political parties participating in the election prior to the election without any other frills (the threshold).The term presidential threshold that is being used up until now is actually incorrect term; instead, presidential candidacy threshold should be considered as the more appropriate term.Keywords: Presidential Election, Presidential threshold, Constitutional Court Verdict.
PEACEFUL LOCAL ELECTION, PEACEFUL INDONESIA Agus Raharjo
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.2016.16.3.2088

Abstract

Simultaneous Local Elections (Pilkada) of the second phase will start soon. Stages of the campaign is not yet started, but the tricks and intrigue,strategies and programs race, had begun even before the start flag hoisted. The indication of this simultaneous local elections of the second phase is more crowded, have started to appear on the action of campaign team and supporters......
THE EXISTENCE OF ADAT LAND POST-ENACTMENT OF LAW NUMBER 6 OF 2014 ON VILLAGE Sri Hajati; Oemar Mochthar; Sri Winarsi
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.2016.16.3.707

Abstract

Post-Enactment of Law No. 6 Year 2014 on village, a village is divided into two: villages and adat villages. Adat village may have adat land assets. The law will not be explained in more detail, in addition to the Regulation of the State Minister of Agrarian/Head of National Land Agency No. 5 Year 1999 which was repealed in 2015 resulting in a legal vacuum in the regulation of traditional dispute resolution. This research apllied statute and conceptual approach while the analysis was conducted qualitatively, by pointing to the principles and procedural law as well as analyzing the various factors of social, economic and political process and procedural subtantive resolution of cases. The causal factors do not explain the existence of adat land which is not accommodated by local regulations as an obligation for local governments to undertake research and data collection ulayat lands in their area, as mandated by Law No. 23 Year 2014 which was confirmed by Regulation No. 38 of 2007 and Law No. 6 Year 2014.Keywords: Village Government, Ulayat Land Rights, Society
THE SHIFT OF KARO ADAT INHERITANCE LAW ON DAUGHTER AND WIDOW’S PORTION Rosnidar, Rosnidar; Afrita, Afrita; Zulkifli, Zulkifli
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.2016.16.3.582

Abstract

Supreme Court Verdict No. 179 K/Sip/ 1961 states that son and daughter have equal portion of inheritance. Then, the Supreme Court Verdict No. 100 K/Sip/1967 stated that  a widow is the recipient of her deceased husband’s legacy. The research formulates the following questions; What is the status of a daughter and widow in relation to the inheritance of her parent/ husband legacy in Karo communities after the Supreme Court Verdict No. 179 K/Sip/ 1961 and Supreme Court Verdict No. 100 K/Sip/ 1967 that have been implemented? How does the inheritance law develop recently? These questions will be addressed empirically by a descriptive analytical method. The shift of adat inheritance law occurs post Supreme Court Verdict No. 179 K/Sip/ 1961 which puts the equal right for both son and daughter. Besides, the post Supreme Court Verdict No. 100 K/Sip/ 1967 states the widow is the recipient of her deceased husband’s legacy.Keywords  : Karo adat inheritance law, daughter/widow, Supreme Court Verdict
LAW REFORM OF SMALL AND MEDIUM ENTREPRISES (SMEs) AND EQUITABLE COOPERATIVE FOR COMPETITIVENESS IMPROVEMENT IN AEC ERA Koesrianti, Koesrianti
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.2016.16.3.566

Abstract

Small Medium Entreprises (SMEs) and Cooperative have not received a proper law protection in facing trade liberation of ASEAN Economic Community (AEC) and economic globalized world. In 2015 AEC has been established that would bring a huge change in Southeast Asia regionS and definitely will have a wide impact to business people in Indonesia. SMEs and Cooperative contribute to more than 90 percent of total Indonesian national economy. However, they are weak on investment and information technology and management skill as well as competition law among ASEAN Member States. Economic policies do not give a sufficient protection to SMEs and Cooperative. This article tries to seek solutions for SMEs problems especially their legal structure in order to enhance their competitiveness. This article argues that the government can provide legal protection by reforming SMEs economic sectors similar to the AEC’s priority sectors by which the Indonesian’ SMEs would become world class corporate. Keywords: Cooperative, AEC, legal reform, SMEs
STRENGTHENING THE SUPERVISION OF MARKET CONDUCT OF BANKING FINANCIAL SERVICES BY FINANCIAL SERVICE AUTHORITY (OJK) IN CENTRAL JAVA Sulistyandari, S; Said, Noor Aziz; Hastuti, Wiwik Yuni
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.2016.16.3.708

Abstract

This study aims to assess and find weaknesses regulation and supervision of market conduct banking financial services, and find weaknesses supervision of market conduct banking financial services in the region of Central Java and offer for solutions. The results show that Financial Service Authority/FSA (known as OJK) Law  and POJK No.01/POJK.07/ 2013 are the governing authority of the OJK under the supervision of market conduct financial services. Until present, BI Law and Banking Law have not set about it. In the future market surveillance authorities conduct financial services under the authority of BI and the OJK, these two institutions share in accordance with the authority given to legislation. Supervision of market conduct banking financial services by the OJK overall is only implemented by the Office of Central OJK. While the OJK in Central Java has new obligations education and service consumer complaints so the protection of consumers of financial services has not been optimally implemented at the Central Java OJK office. Keywords : financial market conduct, OJK, supervision

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