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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 17, No 2 (2017)" : 16 Documents clear
THE EFFECTIVENESS OF INDONESIAN NATIONAL POLICE FUNCTION ON BANGGAI REGENCY POLICE INVESTIGATION (Investigation Case Study Year 2008-2016) Hardianto Djanggih; Kamri Ahmad
Jurnal Dinamika Hukum Vol 17, No 2 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.2.722

Abstract

Criminal justice processes are frequently unwell-implemented due to various investigators’ shortcomings in performing their function. This research aims to determine and analyze the effectiveness of the police investigation into the handling of Criminal Offenses in Banggai. This research employed socio-juridical methods approach particularly descriptive analytical research. The data analysis was conducted by descriptive qualitative and quantitative analysis. The results showed that: there is an imbalance between investigators and number of crimes; 70% of suspects were arrested by investigators without warrant; discrimination among suspects in investigation process occurs; investigators would prefer interrogating suspect without being assisted by lawyer; limited information given by the investigators to suspect’s family; suspects were detained without according to the applicable law and regulations.Keywords: effectiveness, police, investigation process
COUNTERMEASURES BY THIRD PARTY IN INTERNATIONAL LAW sefriani - sefriani
Jurnal Dinamika Hukum Vol 17, No 2 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.2.759

Abstract

The weak law enforcement in international law often causes countermeasure to appear. Countermeasure is not only done by injured state but also by non-injured states. In this research, the two research questions are formulated: countermeasure regulations in international law and countermeasures legality by third party. This research applied normative legal research method conducted through library research. This research used legislation, historical and conceptual approach. Then, the data were analyzed qualitatively and the results of the study were analytical descriptively presented. The result of this research shows that countermeasure by injured state has been accepted under certain conditions. However, Countermeasure done by the third party remains controversial which means that the obscurity requires further regulation to avoid the abusive action.Keywords: Countermeasure, Injured State, Third Party
MUHAMMADIYAH NAZHIR ORGANIZATION Analysis of Waqf Management and Development in Cianjur Cucu Solihah; Dedi Mulyadi; Hilman Nur
Jurnal Dinamika Hukum Vol 17, No 2 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.2.702

Abstract

Throughout the history of human civilization, waqf has been able to prove its considerable contribution to religion, humanity, economy, and society. Waqf management and development brings positive impact on society if it is administered by waqf goal-oriented nazir, one of which is managed by Muhammadiyah organization. Their assets grows bigger each year by focusing on social program as their main strategy. This study employed normative juridical approach by descriptive analysis. The data source of this research is primary source from interview with the local leaders of Muhammadiyah and waqifs.Keywords: welfare, nazir, utilization
ISLAMIC PERSONALIZATION AS THE BASIS OF RIGHT CLAIM SUBMISSION IN RELIGIOUS COURT Rahadi Wasi Bintoro; Masruhan Masruhan
Jurnal Dinamika Hukum Vol 17, No 2 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.2.899

Abstract

Law Amendment of Religious Court Year 2006 brought revolutionary change toward the competencies of the religious court. Law of Religious Court mentioned that Religious Court is only for Muslims. Furthermore, several questions appear such as are they only Muslims who are able to have any case in Religious Court, how is about people who are non-Muslim or how is about other law subjects in form of legal entity whether they can have any case or not. This paper discusses the subjects and the objects of right claim in religious court. Based on the analysis, the judiciary for law subjects who are Muslims or obey to Islamic laws in muamalah matters is done based on Islamic principles. That is what is called as Islamic personalization. This needs to be emphasized that Islamic personalization is an absolute competence in which if it is broken, it will cause right claim become NO (niet ontvankelijke verklaard).Keywords: Islamic personalization, right claim, religious court
NARCOTICS PREVENTION AMONG PRISONERS BY NATIONAL NARCOTICS AGENCY (BNN) Hibnu Nugroho
Jurnal Dinamika Hukum Vol 17, No 2 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.2.846

Abstract

Nowadays, Indonesia has high number of narcotics users. It includes narcotics abuse inside Correctional Institution. The research investigates whether law enforcement policy in narcotics eradication among prisoners has been effectively implemented or not and what impediments encountered by the National Narcotics Agency (BNN) in upholding law enforcement to fight against narcotics among prisoners. The research applied empirical juridical approach particularly analytical descriptive. The key informants in this research are Central Java BNN and Central Java Drugs Penitentiary. This research employed qualitative descriptive analysis while the content analysis applied legal interpretation, principles of law and legal theories. This belongs to Research and Development (R&D) and the Theory of Law Enforcement Factors by Soerjono Soekanto. Narcotics prevention by National Narcotics Agency in prison is not effectively implemented due to lack of a number of officials or guards to supervise the prisoners.Keywords: prevention, narcotics, Correctional Institution
MODEL OF VILLAGE HEAD ELECTION ARRANGEMENT IN VILLAGE GOVERNANCE LAW Sekar Anggun Gading Pinilih
Jurnal Dinamika Hukum Vol 17, No 2 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.2.789

Abstract

This study aims to examine the right model in the arrangement of village head elections after the stipulation of Law No. 6 year 2014 on Village. This research is a normative law research by laws, historical, and conceptual approach. The result shows that a direct and simultaneous election model shall be the solution for the next Village Head Election. Simultaneous election model is designed since it is philosophically considered to make efficiency of the Village Head Elections, in terms of efficiency of budget, time and effort. The principle of this policy is an attempt to create a more equitable simultaneous democratization to minimize the chances of cheating. Since if the elections were not held simultaneously, it would give chance to the outsider to involve. The simultaneous election requires a coherent policy. This coherence will produce an effective synchronization of all types of elections implementation in Indonesia.Keywords: head of village, model, election, arrangement
DEVELOPMENT OF WOMEN POSITION IN THE PATRILINEAL INHERITANCE OF INDONESIAN SOCIETY Elfrida R Gultom
Jurnal Dinamika Hukum Vol 17, No 2 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.2.886

Abstract

Patrilineality is a kinship system which is based on paternal line; therefore, the position of men in inheritance law is dominant. Batak, Karo and Bali communities are among those who apply this system. Consequently, this system influences women’s standing in terms of inheritance. This paper discusses women position in inheritance of patrilineal system on those three societies as well as the factors which influence the development of women’s inheritance right. Some principles of this system are maintained while some others change. Several Supreme Court Decisions related to inheritance distribution dispute between men and women have tended to adopt a parental system which gives equality, humanity, justice, and right equality. Supreme Court places women in a neutral position which means that there is modernization which leads to homogeneity, indicating showing equality between men and women as well as providing a significant impact on inheritance law sector in Batak, Karo, and Bali. Keywords: indigenous people, matrilineal, Patrilineal, inheritance, inheritance system
QUO VADIS THE ASEAN ROLE IN NATURAL DISASTER MANAGEMENT IN SOUTHEAST ASIA Natalia Yeti Puspita
Jurnal Dinamika Hukum Vol 17, No 2 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.2.665

Abstract

The threats of natural disasters may happen anytime without recognizing national borders. Southeast Asia is an area which is prone to natural disasters. Every year ASEAN both as an interna-tional organization and its members encounter challenges to natural disaster management which is frequently beyond the country capability. This study is descriptive-analytic normative legal research which focuses on the secondary data as the main data. The finding of this study reveals that country is the main actor in natural disaster management based on primary state responsibility principles. The role of ASEAN is only limited to coordinate and facilitate cooperation among parties in providing humanitarian assistance when the natural disaster occurs. The aid has to get approval from the country which suffers from natural disaster. The role of ASEAN is conducted by AHA Center based on AADMER implemented on 2009.Keywords: ASEAN, Southeast Asia, natural disaster management
THE POSITION FILLING OF PRATAMA HIGH LEADERSHIP IN CIANJUR REGENCY UNDER GOOD GOVERNANCE CONCEPT Tanti Kirana Utami
Jurnal Dinamika Hukum Vol 17, No 2 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.2.726

Abstract

A fundamental change in terms of structuring government apparatus particularly position filling of pratama high leadership in local agencies openly aimed to realize good governance. This paper examines the application of open systems in position filling of pratama high leadership of regional secretary in Cianjur and the government's readiness of Cianjur regency in the implementation of position filling of pratama high leadership (regional secretary). This research applied normative juridical approach by descriptive analysis while the analysis of data used triangulation method. The results of this study are the position filling of pratama high leadership (regional secretary) in Cianjur already introduced an open and competitive system by forming a selection committee to establish and coordinate with the State Civil Administrative Commission in the implementation of the administration and the competence of official candidates. In filling the position of high leadership, a regulation of sanctions and rewards for position of pratama high leadership related to the performance is required.Keywords: position of Pratama high leadership, open system, good governance
RETHINKING LEGALITY OF STATE RESPONSIBILITY ON CLIMATE CHANGE IN INTERNATIONAL LAW PERSPECTIVES Mada Apriandi Zuhir
Jurnal Dinamika Hukum Vol 17, No 2 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.2.801

Abstract

Each state has sovereign right to explore and exploit their natural resources, however, it is also followed by state responsibility. This article examines the regime of state responsibility and the regime of climate change. State responsibility is applied to examine the implementation of international law toward climate change issues. This is a normative-juridical research by applying analytical descriptive approach. In the meantime, main data are secondary data (primary, secondary and tertiary legal materials). Then, the data were qualitatively analyzed. Based on the discussion it can be concluded that the regime of state responsibility in international law can be applied to the issue of climate change although this regime has limitations in its implementation. Therefore, it is advisable to have an independent and specific regime related to the state responsibility on climate change issues.Keywords: International law, climate change, state responsibility

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