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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
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Search results for , issue "Vol 17, No 1 (2017)" : 16 Documents clear
IMPLEMENTATION OF LAW AUTHORITY AND RESPONSIBILITY OF BUDGET USERS IN PROCUREMENT OF GOODS AND SERVICES IN HEALTH Taty Sugiarti Ramlan; Dewi Kania Sugiarti
Jurnal Dinamika Hukum Vol 17, No 1 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.1.844

Abstract

The opening (preambule) of 1945 Constitution in paragraph IV has a goal to make a public welfare based on social justice in all fields including health. Government as a state administrator is obliged to provide all public needs in terms of goods, services, and or infrastructure development including health. The procurement of goods and services by Government is an arranged method and procedure to acommodate government activities in health care. The Budget Users (BU) is a responsible official on allocating the budget of goods/services procurement. Practically speaking, BU is often confronted by  criminal accountability toward the BU personally rathertha by administrative law toward the BU over his position. In fact, BU is not only governed by behavioral norms (gedragsnorm) but also position norms (bestuursnorm).Keywords: public procurement, budget Users, law responsibility
MEDIATION AS AN ALTERNATIVE SETTLEMENT ON OIL PALM PLANTATION DISPUTE (A Lesson from Oil Palm Plantation Mediation in Sidomulyo Village, Ogan Komering Ilir District, South Sumatera Province) Adrian Nugraha
Jurnal Dinamika Hukum Vol 17, No 1 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.1.605

Abstract

Mediation is considered as one of the effective solutions to resolve as well as tool to alter oil palm plantation disputes. This research was conducted with socio-legal approach. The test method was done by descriptive qualitative data analysis which describes a situation or phenomenon with words or sentences then separated by category for the conclusion. This research finding suggests that mediation has played a crucial role especially in decreasing the dispute intensity and achieving the agreement between conflicting parties. Subsequently, Mediation by integrated team of dispute resolution was divided into two stages: first stage was commencement of the mediation process and the second was implementation of mediation. Furthermore, several approaches that can do to alter dispute into a long-term harmonious relationship, namely: first, using the legal certainty approach, second, Company–community partnerships approach and third, capacity building for mediator approach.Keywords: altering dispute, mediation, oil palm plantation
CORRELATION BETWEEN THEORY OF CRIMINAL LIABILITY AND CRIMINAL PUNISHMENT TOWARD CORPORATION IN INDONESIA CRIMINAL JUSTICE PRACTICE Septa Chandra
Jurnal Dinamika Hukum Vol 17, No 1 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.1.649

Abstract

The question of the correlation between theory of criminal liability and criminal punishment on criminal acts committed corporation is important to investigate in order to provide justification for the criminal prosecution of corporations. How a mistake should be constructed from a corporation associated with the theory of corporate criminal liability. As a consequence of the improper condition on the corporate views of whether the corporation has made a criminal offense can be avoided as part of discretion in running the business. If these obligations are not met, the corporation can be condemned for committing crime. The practice of criminal justice to the determination of criminal liability for corporations is not fully in accordance with the theory of corporate criminal liability. In fact, the court decision does not yet reflect a consistent correlation between the theory of criminal liability and criminal punishment on criminal acts of the corporation.Keywords: criminal liability, corporate, criminal justice.
REGULATORY PROBLEMS OF DISASTER MANAGEMENT IN INDONESIA Shanti Dwi Kartika
Jurnal Dinamika Hukum Vol 17, No 1 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.1.371

Abstract

Indonesia is a disaster-prone country. The disaster may affect the economy, welfare, and politics of the country. By that reason, the state should protect the people and pay more attention to disaster management through legal instruments. Symptoms in the community are pushing the politics of law in this country by the issuance of legal policy in form of Law Number 24 Year 2007 on Disaster Management. Therefore, it is important to understand about regulatory aspect of disaster management, legal issue in the implementation of disaster management, and problem solving from that legal issue. This study determined that the recent law of disaster management has been well improved following the previous law. In its implementation, there are still problems such as disharmony legislation in disaster management, overlapping authority and lack of inter-institutional coordination followed by overlapping authority, disoriented working procedures of disaster management and disaster management to uncontrolled funding.
REGULATION URGENCY OF CLIMATE CHANGE REFUGEES PROTECTION IN THE PERSPECTIVE OF INTERNATIONAL LAW Wartini, Sri
Jurnal Dinamika Hukum Vol 17, No 1 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.1.706

Abstract

change. The refugees are not categorized as refugees under the Refugees Convention 1951 since they are not caused by persecution. Thus, it is necessary to find out a solution based on international law to provide legal protection to them.  The aim of the research is to analyse comprehensively the urgency of legal protection to the climate change refugees and to find out an appropriate legal protection to them. The paper is a normative juridical research by employing conceptual and comparative approach. The paper is analysed qualitatively and presented descriptively. The results show that: First,  there is a legal vacuum of the protection of climate change refugees ; second, it is necessary to regulate a legal protection to the climate change refugees since they become the victims of climate change.Key Words: Climate change refugees, global warming and urgency
URGENCY OF INTEGRATED ASSESSMENT ON DRUGS CRIME (A Study in Purbalingga Regency) Saefudin, Yusuf; Raharjo, Agus; Budiono, Budiono
Jurnal Dinamika Hukum Vol 17, No 1 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.1.818

Abstract

Various rules are formulated to repress the drug abuser and trafficking, one of which is through integrated assessment. The paper explains the philosophy of integrated assessment and implementation of the integrated assessment in Purbalingga Regency. This research is empirical by applying methods of survey, observation, interview and literature review. Data were collected and analyzed qualitatively by descriptive analysis. Based on the research result, integrated assessment is a mechanism designed to differentiate drug abusers and addicts from drug traffickers and also to make treatment plan for the drug addicts and drug abusers. In Purbalingga, integrated assessment has been implemented since 2015. Yet practically several obstacles are identified including assessment request and assessment result is overdue issued, lack of coordination among Integrated Assessment Team, secretary facilities of Integrated Assessment Team is not adequate, infrastructure of rehabilitation place is limited and the programs of rehabilitation do not procedurally run.Key words: Integrated Assessment, Drugs Crime, Penal Meditation
PSEUDO-DEMOCRACY Agus Raharjo
Jurnal Dinamika Hukum Vol 17, No 1 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.1.2087

Abstract

Simultaneous regional election is a happening legal issue in early 2017. It involves 102 regions which consist of 94 districts/cities and 8 provinces conducting the elections. In the context of autonomy, the sustainability of regional elections is an attempt to seek an aspirative, accommodative and progressive leader profile. Leadership figures which are close to society become the key of success for development and empowerment of the region by its characteristics.....
FINANCING RISKS OF MICRO, SMALL, AND MEDIUM ENTERPRISES (UMKM) WITH COOPERATION PATTERNS BETWEEN ISLAMIC BANK AND BAITUL MAAL WA TAMWIL (BMT) Shomad, Abdul
Jurnal Dinamika Hukum Vol 17, No 1 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.1.808

Abstract

Islamic Credit Unions and Baitul Maal Wa Tamwil (BMT) are part of Islamic micro finance as an effort of lower class society empowerment which is operated based on profit and loss sharing principle and implements Islamic moral values and group solidarity. This research discusses characteristics of cooperation patterns between Islamic bank and BMT in financing UMKM costumers and who would bear the financing risks of UMKM be. This research is doctrinal and applies both statute approach and conceptual approach. The result of this research shows that the characteristics of cooperation patterns between Islamic bank and BMT in financing UMKM costumers are identified by applying mudharabah muqayyadah contract between Islamic bank and Baitul Maal Wa Tamwil as shahibul maal while customers as mudharib. It is shahibul maal to bear risks as capital owner.Keywords: financing, Islamic bank, Baitul Maal Wa Tamwil
SETTING OF PLANTATION LAND AREA LIMITATION BASED ON SOCIAL FUNCTION PRINCIPLES OF LAND CULTIVATION RIGHTS TO REALIZE SOCIAL WELFARE-PROMOTING PLANTATION Lego Karjoko
Jurnal Dinamika Hukum Vol 17, No 1 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.1.606

Abstract

The existence of large plantations in Indonesia has proven the failure of individualism value to uphold agrarian justice. This study aims to examine regulations regarding to the land ownership which contradicts with social function principles of Land Cultivation Rights (LCR) and provide recommendation for setting the land ownership which can realize land utilization for plantation ideally. This study employs normative legal research method by statute and conceptual approach. The legal materials were analyzed by inductive, deductive and interpretative syllogism. The results of this research are as follows. First, regulations on Site Permit, Plantation Operation Permit and Release of Forest Area for Plantation based on utilitarian justice and concentrative land ownership are not in accordance with social function principles of Land Cultivation Rights (LCR). Second, the setting of maximum ownership for plantation companies should be based on their type of plants and given fully assets that enable the plantation companies to use the land optimally.Keywords: Land Cultivation Rights, cultivation land area, people’s welfare 
MORALITY AND LAW: Critics upon H.L.A Hart’s Moral Paradigm Epistemology Basis based on Prophetic Paradigm Khudzaifah Dimyati; Absori Absori; Kelik Wardiono; Fitrah Hamdani
Jurnal Dinamika Hukum Vol 17, No 1 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.1.823

Abstract

The research focuses on a critism study of epistemologycal basis of the relation between law and morality in H.L.A. Hart’s rational paradigm. It is according to prophetic paradigm which is based on philosophical approach. According to the analysis, it is concluded that Hart’s opinion is based on the epistemological basic assumptions including the primary and secondary rules; Value/Ethics including epistemological ethics such as autonomous, individual, procedural, and relative ethics while the prophetic paradigm is based on the epistemological assumptions in which Relative Morailty is the result of creation and will of absolute reality. Meanwhile, Norm of morality means the reality should be created by the competent will through a delegate with epistemological ethics such as the combination between reality of society and apocalyptical values. Keywords: Moral Concepts, Prophetic Paradigm and Rational Paradigm

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