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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 3 (2017)" : 16 Documents clear
THE EFFECTIVENESS OF KUNINGAN GOVERNMENT POLICY IN WATER CONSERVATION Suwari Akhmaddhian
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.2017.17.3.835

Abstract

Preserving environmental functions particularly water resources conservation is a shared task between government and public to achieve environmental sustainability. The purpose of this paper is to examine the effectiveness of Kuningan government policy in conserving water resources. This study uses empirical juridical method with descriptive analysis. The data collection of primary data is done by observation, interviews with related institutions while secondary data are in the form of legislation and legal theories. This research takes place in Kuningan regency, West Java province. The data are analyzed to examine the effectiveness of Kuningan Government policies in water resource conservation. The results reveal that District Regulation Number 12 Year 2007 on Water Resources Conservation and Kuningan District Regulation Number 12 Year 2011 on the Implementation of Kuningan Botanical Gardens along with other related Regulations and Government policies in Kuningan Regency have been effectively implemented. It can be seen from the sufficiently given regulations as well as community participation.Keywords: effectiveness, policy, water conservation
INTERGRATED ENVIRONMENTAL LAW SYSTEM STRATEGIES TO ADAPT CLIMATE CHANGE IMPACT FROM ENERGY RESILIENCE IN INDONESIA Maret Priyanta
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.2017.17.3.932

Abstract

Climate change issues are solicitous and affect every nation due to its impact on human living and other living things. International cooperation through the international convention on climate change such as United Nations Framework Convention on Climate Change needed as an effort for finding the solution for the problem especially the legal aspect. Energy as resources is identified as one of the sources directly contributing to global warming. As a part of the environment, energy resilience needs to support Indonesia commitment to the global society. This paper describes the academic perspective in environmental law by applying principle and norm approach to analyze the climate change issues in Indonesia related to energy resilience. The recommendation analyzes the issue based on legal research with a descriptive analytical methodology to describe the comprehensive idea about the problem and solution in climate change issues and environmental law in Indonesia law system perspective.Keywords: Climate, Energy, Environmental, Law, Resilience.
LEGAL INSTRUMENTALISM TO LAW NUMBER 6 YEAR 2014 ON VILLAGES IN WELFARE STATE PARADIGM D. Eka Juli Prasetya; Isharyanto Isharyanto
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.2017.17.3.758

Abstract

This work deliberates legal instrumentalism to gain nonlegal interest. It is commonly known that besides normative framework, a law also integrates nonlegal issues and other interests. Law in macro level is aimed to ideally integrate sub-systems such as economics, politics, and so on.  The existence of Act of Village Number 6 of 2014 which is able to facilitate the idealized nonlegal achievements needs to be confirmed. The welfare state paradigm is used as a benchmark for tracking review of norms as well testing consequences of legal substance. It reveals that provisions Act of Village Number 6 of 2014 achieves its idealized goals indicated by village welfare in terms of authority optimization of authority for the achievement of the welfare state at the village level.Keyword: legal instrumentalism, welfare state, village
IMPLEMENTATION OF NON-COMPETITION CLAUSE AS THE BASIS OF TRADE SECRET PROTECTION IN INDONESIA Sartika Nanda Lestari; Sakhiyatu Sova; Rinitami Njatrijani
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.2017.17.3.1278

Abstract

 Each company has trade strategies that should not be known by other parties; therefore, Trade Secret is necessary to protect them. Trade secret emerges from an agreement between employees and company, one of which is by implementing Non-Competition Clause in that agreement. This article accordingly discusses how the implementation of Non-Competition Clause and the legal consequence of the implementation of Non-Competition Clause as the form of trade secret protection. Regarding the issue discussed in this paper, the result shows that the implementation of Non-Competition Clause in employment agreement must be conducted based on Trade Secret Law which causes legal consequence like employees prohibitions as an effort to keep their commercial in confidence. However, the implementation of Non-Competition Clause has not been effectively implemented for there is no detailed explanation in the agreement resulting in the different clause interpretation between company and employees. Therefore, it is necessary to have separated and detailed regulation concerning Non-Competition Clause in the employment agreement.Keywords: non-competition clause, employment agreement, trade secret
THE IMPLEMENTATION OF PROCEDURAL LAW OF RESPONSIBILITY ENFORCEMENT OF CORPORATE CRIME IN INTEGRATED CRIMINAL JUSTICE SYSTEM Timbo Mangaranap Sirait
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.2017.17.3.769

Abstract

Privatization of business in various countries greatly affects on economic growth and development that corporate’s activities increasingly dominate legal subjects of Person and State. It also tends to trigger corporate crime. The issues of this research are causes of ineffective criminal procedural law implementation, how to anticipate those causes to create impartial judiciary, and how to reform corporate criminal procedural law “ius constituendum” that is holistic in order to create equal formulation between Person and Corporation. Then, it can be concluded that, First, corporate criminal procedural law “Ius Constitutum” is still centralized and fragmented, Second, a systematic and integrated corporate criminal procedural law is required, Third holistic reformation policy of corporate criminal procedural law “ius constituendum” which hierarchically equals to Law must be immediately formulated. Therefore, it is recommended to be discussed and legalized in Prolegnas 2018. Keywords: Corporation, Enforcement, Criminal Procedural Law, Integrated
UTILIZATION AND PROTECTION OF REGIONAL AUTONOMY-BASED ASSETS TO INCREASE LOCAL REVENUE Sri Winarsi; Agus Sekarmadji; Oemar Mochtar
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.2017.17.3.1663

Abstract

Land status of management rights of Surabaya City Government known as green letter (surat ijo) sparks controversy among citizens regarding the control and management of the land. Citizens want the controlled land will be certified, but it is constrained by the authentication of land rights in Government Law Number 24 The year 1997 on Land Registration. The method used is statute approach and conceptual approach. An analysis is conducted qualitatively by pointing out the principles and procedural law as well as analyzing social, economic and political factors in the procedural and substantive process of case completion. Factors causing the local government reluctant to release regional assets is the issue to discuss in this paper to increase local revenue derived from the utilization of local land through giving Land Use Permit and Building Rights Title (HGB) above the land of management rights. The result shows that comprehensive inventory management through the registration of management right certificate of local government for the sake of protection and legal certainty is necessary.Keywords: Management Rights, Local Finance, Local Government, Local Revenue

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