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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 3 (2017)" : 16 Documents clear
LAW AND ETHICS OF COMMUNICATION IN SOCIAL MEDIA Rini Fidiyani; Dewi Sulistianingsih; Pujiono Pujiono
Jurnal Dinamika Hukum Vol 17, No 3 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.3.1665

Abstract

Every Environment Has Its Own Laws And Ethics Which Guide Behavior; However, It Does Not Mean That Anybody Is Able To Obey It And It Rises Three Consequences At Legal, Ethic And Social. This Research Is A Quantitative Research With Law In Action Approach, It Is A Non-Doctrinal And Empirical Social Science Study. Internet Brings The World To New Ways Of Thinking, And Communicating. Netiquette Is An Ethical Guide In Behaving / Communicating Among Netizens. Teachers’ Awareness To Communicate Well In Smk Bakti Purwokerto Is At A Poor Level. Bad Habits Communications In Real-World Are Brought Into Cyber Which Often Create Legal Issues. Although No One Has Proceeded To Justice, It Is Quite Worrying Since Their Position As Teachers Should Be Role Models For Their Students. It Is Necessary To Realize The Awareness Of Compliance With The Law And Ethics Of Cyber Communication For These Teachers.Keywords: Netiquette, Internet, Social Media, Law And Ethics, Communication.
STRATEGIC ENVIRONMENTAL ASSESSMENT POLICY OF CIREBON COASTAL AREA FOR SUSTAINABLE DEVELOPMENT Endang Sutrisno; Ria Apriani
Jurnal Dinamika Hukum Vol 17, No 3 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.3.845

Abstract

Government policy relies on the balance of economic and environmental conservation activities to achieve sustainable development. In the perspective of legal studies, this study employs normative legal research and empirical legal research methods, particularly descriptive analysis and qualitative analysis method. Cirebon City does not have a Strategic Environmental Assessment regarding coastal development management policy due to lack of Human Resources, institutional and budgetary constraints. Conservation activities are required to maintain the diversity of aquatic biota through habitat rehabilitation as well as flora and fauna preservation. Therefore, potential excavation, potential zone arrangement and formulation concept of coastal zone and small islands management system are conducted through arranging Strategic Environmental Assessment. This is are crucial considering the current condition of Cirebon City’s Coast along 7 (seven) kilometers. Approximately 20% of the coast suffer severe damage. This damage occurs due to people’s behavior who cut down the mangrove trees for their daily needs.Keywords: Strategic Environmental Assessment, Conservation
PERLINDUNGAN HUKUM PEREMPUAN DAN ANAK KORBAN HUMAN TRAFFICKING DALAM PERSPEKTIF VIKTIMOLOGI (STUDI DI KABUPATEN BANYUMAS) Hendriana, Rani; Widyaningsih, Rindha; Sari, Dessi Perdani Yuris Puspita
Jurnal Dinamika Hukum Vol 17, No 3 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.3.1200

Abstract

Legal protection to women and children as human trafficking victims in Banyumas, to date, has not been viewed in victimology perspective. Intriguing issues have been analyzed regarding legal protection and factors that tend to inhibit its implementation in victimology perspective. This study used a qualitative research method and sociological juridical approach. The results showed that the third goal of victimology has not been reached, in which the legal protection is not yet fully leads to the needs of victims. The main factor that tends to influence is the correlation between the victim’s fault in the occurrence of human trafficking and the victim's response to legal protection, while other inhibiting factors are the legal structure, legal substance, and society legal culture.Keywords: legal protection, women, children, human trafficking, victimology
ANTI-CORRUPTION SPECIAL DETACHMENT, IS IT NECESSARY? Raharjo, Agus
Jurnal Dinamika Hukum Vol 17, No 3 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.3.2086

Abstract

Corruption, being one of the powerful words, contains an astonishing power. Various ways to eradicate it  from changing the constitution to the formation of extra judicial institutions failed; it is just strengthening its existence instead. Finally, the discourse of the formation of Anti-Corruption Special Detachment (Densus Tipikor) is rolled out by the Chief of Police. The discourse of this formation indicates that the existence of corruption rather than weakening can even be said to be increasingly rampant......
RESTORATIVE JUSTICE CONCEPT ON JARIMAH QISHAS IN ISLAMIC CRIMINAL LAW Zainuddin, Zainuddin
Jurnal Dinamika Hukum Vol 17, No 3 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.3.826

Abstract

Essentially, Islamic law is modern law since it has recognized restorative justice for jarimah qishas (murder or torture). The concepts of restorative justice in Islamic criminal law realize fairness and balance to the offender and the victim themselves. Restorative justice in Islamic criminal law as explicitly provided in Q.S. al-Hujurat (49): 10 and Q.S. Asy-Syuura (42): 40. The Quran regulates peace and forgiveness in solving a crime. The existence of peace and forgiveness aims to realize the unity and sustainability of life as a purpose of the laws. Peace and forgiveness are premium remedium while the penalty is ultimun remediun in Islamic criminal law. Otherwise, in modern criminal law, the penalty is premium remedium.Keywords: Forgiveness, Peace, Qishas, Restorative Justice
JUDGE VERDICTS ON SUBSIDIARY FINE PENALTY OF CORRUPTION CRIMES (A Case Study on High Prosecutor General Office of NTT) Sulistyanta Sulistyanta; Henderina Malo
Jurnal Dinamika Hukum Vol 17, No 3 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.3.865

Abstract

Additional fine penalty in corruption constitutes specific regulation. This aims to restore the state financial loss and to give deterrent effect. Yet, the judge's verdict raises problems: Why do the judge's verdicts related to subsidiary fine penality by imprisonment penalty tend to vary and inconsistent in length of the imprisonment. The purpose of the study is to identify and analyze the judge's consideration in determining various and inconsistent subsidiary fine penalty by imprisonment. The research applied normative juridical method by relying on primary and secondary legal materials. The results show that: 1) judges do not specifically regulate fine penalty or subsidiary in terms of imprisonment penalty. The large amount of fine penalty does not equal to the relatively short imprisonment which does not result in a deterrent effect. 2) There is no limit to the length of imprisonment for a short sentence. Thus, it is suggested that proportional regulation is required between fine penalty and imprisonment penalty subsidiary for restoring state financial loss.Keywords: fine penalty, imprisonment penalty subsdiary, judge's verdict
DISPUTE SETTLEMENT NORM OF ESTATE DISTRIBUTION ON ADAT PEOPLE OF MINANGKABAU (WEST SUMATRA) Poespasari, Ellyne Dwi
Jurnal Dinamika Hukum Vol 17, No 3 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.3.1284

Abstract

Principally, dispute settlement of estate distribution on Minangkabau People is done by deliberation. If its settlement through deliberation is failed, an effort to solve the dispute through court needs to be conducted. This paper studies first, how is the opinion of judicial institution in the dispute of estate distribution on Minangkabau people; second, how is the implication of estate distribution on Minangkabau people after judge’s verdict. This is normative research with statute approach and case approach. The result of this research shows that there is the possibility of judicial institution’s verdict in the dispute settlement of estate distribution which is contradicted with adat law of Minangkabau (Matrilineal kinship). However, if it is seen from the legal perspective, estate distribution of Minangkabau people after judge’s verdict can be a breakthrough that is able to change the value of old adat law into the new one. Keywords: Dispute settlement, estate distribution, matrilineal kinship.
NURSE’S LEGAL COMPLIANCE ON HEALTH PROMOTION MANAGEMENT SYSTEM IN NURSING PRACTICES (A Study in Ajibarang Regional Public Hospital / RSUD in Banyumas Regency) Saryono Hanadi
Jurnal Dinamika Hukum Vol 17, No 3 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.3.1664

Abstract

Recently, most nurses understad the standards and health promotion regulation yet only few implement them. This phenomenon is perceived disadvantageous habit which causes ineffective health promotion and poor health care to the community. Accordingly, this research will discuss the level of nurse’s legal compliance on health promotion standard in nursing care and the influence of motivation and communication on the level of nurse’s legal compliance for health promotion implementation in Ajibarang Hospital. This study applied sociological juridical research by using quantitative and qualitative methods. The results show, legal compliance to some extent is not independent or influenced by various factors. In this study, the non-legal factors that often affect the compliance of law include nurse motivation in implementing health promotion and nurse communication in performing health promotion. Keywords: motivation factor, communication factor, legal compliance, nurse 
IMPOSITION OF NATURE AGAINST MATERIAL LAW UNDER JUDGE VERDICT OF CYBERPORN CASE IN EAST JAVA Hwiian Christianto
Jurnal Dinamika Hukum Vol 17, No 3 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.3.915

Abstract

Cyberporn case has become a challenge for the Judge in East Java jurisdiction to fulfill legal provisions and uphold the law in the society. The problem appears on the meaning of nature against the material law itself under judge’s consideration and the measurement used to determine that a judge has imposed nature against the material law. In order to decrease the problem, research method of socio-legal is used to analyze the basic law of imposition of nature against material law associated with the use of nature against the material law by a judge in examining and deciding a case. The result of the research shows that judge considers nature against the material law in giving a verdict for cyberporn case. Judge’s consideration of norms of morality is based on religious aspect, culture and the development of people’s condition. Judge’s verdict also includes socio-juridical which is automatically accepted by the society.Keywords: nature against material law, judge, cyberporn
LEGAL ASPECT OF ELECTRONIC MEDICAL RECORDS Edi Wahjuni; Nuzulia Kumala Sari
Jurnal Dinamika Hukum Vol 17, No 3 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.3.1079

Abstract

 Electronic medical records are needed in healthcare facilities for the hospital’s complete, accurate and real-time data required to improve an optimum, efficient and integrated health care. Electronic documents can be used as legal evidence based on Article 5 paragraphs (1) and (2) of Law Number 11 The year 2008 on Electronic Information and Transactions stating that electronic documents are legal evidence that is lawful and they are the expansion of legal evidence. Electronic documents are considered valid if the system is in accordance with the provision of Article 5 paragraph (3) of Law Number 11 The year 2008 on Electronic Information and Transactions.Keywords: evidence, electronic and medical records  

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