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INDONESIA
Jurnal Dinamika Hukum
ISSN : 14100797     EISSN : 24076562     DOI : -
Core Subject : Social,
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
Search results for , issue "Vol 18, No 1 (2018)" : 16 Documents clear
LEUIT AND CUSTOMARY VIOLATION IN BADUY (Case Study of Leuit Fire in Cisaban Baduy Village) Yulia, Rena; Prakarsa, Aliyth; Fauzi, Ahmad
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.1606

Abstract

May 23, 2017, Kampung Cisaban Baduy Luar burned down. A total of 84 houses of Baduy residents and 200 leuits burned. The incident became interesting and important to study. The house should have been distant with leuit so when the house caught on fire, the leuit will not burn. This is an empirical research by using interview and observation for data collection, then presented descriptively. The results showed that the position of leuit with the village is not in accordance with customary law. At first leuit was built away from the village, then the house increased in number. Finally the leuit was built in not in accordance with customary law. As a result, there was a village fire that made leuit burned down. This is a natural reaction to the non-compliance of customary rules regarding leuit distance. However, this accident is deemed as disaster rather than customary sanction. Keywords: food security, leuit, customary violations.
CONCURRENT REGIONAL ELECTIONS PHENOMENON AS A POLITICAL RECRUITMENT IN INDONESIA Dedi Mulyadi
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.843

Abstract

Concurrent regional election is a phenomenon in local democracy development in Indonesia. Many Efforts are performed to political recruitment. Yet, the implementation among expectations, aspirations and reality are frequently impaired proven by many problems in the implementation of the local democracy itself. The research applied normative juridical approach by identifying the problem in for complete background of the implementation of concurrent regional elections in Indonesia, its problems and solution. This research is expected to generate specific alternative insight through formulation of policy. It is expected to be a solution of any concurrent regional elections problems, a permanent rather than ad-hoc concept for the regional election, and a formulation of general regulation (lex generalis) on election which summarizes the present election regulation (lex specialist). These changes are internalized in continuing learning concept that can create academics, practitioners and technocrats on election. Keywords:   democracy, local democracy, political positions, regional election and political recruitment.
SUSTAINED CHARACTER BUILDING THROUGH LITERATURE FOR COLLEGE STUDENTS IN INDONESIA Hariyanti, Tatit; Sudjito, Sudjito
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.1707

Abstract

This article aims at promoting sustained character building through literature especially for college students in Indonesia. Till present, the character building has been restricted to the embedment of good virtues to children and adolescents. The majority of existing studies and researches, therefore, tend to focus their attention on such limited area. Character building ought to be a sustainable effort halted not when one finishes his/her study at elementary or intermediate grades. It should be maintained all life long. There are two highlighted problems which are going to explore in this paper: first, why literature is still considered to be one of the effective media to establish sustained character building for college students and second, what appropriate Instructional Strategies to conduct such effort are. The result shows that literature is still effective due to its natural characteristics, its wide spectrum, and its dynamically broadened functions. Under the conviction that the students have already been undergoing the process of embedment of some core values before, the given literary works containing, elaborating and questioning or challenging the given embedded values are taken to be the source of discussion. The instructional strategies cover discussion, debate, seminar, film appreciation, and creative writing.Keywords: character building, instructional strategies, literature, sustained
PANCASILA AND RADICALISM: PANCASILA ENCULTURATION STRATEGIES AS RADICAL MOVEMENT PREVENTIONS S Sudjito; Hendro Muhaimin; Agung Saras Sri Widodo
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.1686

Abstract

Indonesia has defined Pancasila as nation’s ideology which taught people to live with tolerance. Most Indonesian people embraced Islam and some sects such as salafi, wahabi, jama’ah tabligh, ikhwanul muslimin, and hizbut tahrir which offer alternative for Muslim to know and understand in practising Islamic values individually, group or country (Daulah Isamiyah). The emergence of those various teachings organizations become Islam dynamic. Religion (Islam)-based Radicalism movement is deemed to contradict the state ideology, Pancasila. This article tries to examine organizations or Islamic movement which should be tolerable, respect (lakum dinukum waliyadin), and keep the sovereignty of state. Thus, any Islamic movements that are not based on those principles are convinced that they do not come from Indonesian which is identical with local wisdom and plurality. Keywords: ideology, Pancasila, radicalism, Islam, terrorism   
THE LEGAL IMPLICATION OF COMPULSORY LICENCE PHARMACEUTICAL PRODUCTS IN THE TRIPs AGREEMENT TO THE PROTECTION OF THE RIGHT TO HEALTH IN DEVELOPING COUNTRIES Sri Wartini
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.1685

Abstract

Compulsory license of pharmaceutical products in the Trade Related Aspects of Intellectual Property Rights (TRIPs) Agreement attempts to balance the interest of patent holders and The right to health. The access of medicines in developing countries for the epidemic diseases, such as, HIV/AIDS  medicine is crucial to  protect The right to health. The objective of the research is to analyze comprehensively the legal implication  of compulsory license for the pharmaceutical product to the protection of The right to health in developing countries. It is  a normative juridical research by applying conceptual and  comparative approaches. The results of the research  shows that: first, the implementation of compulsory licence is in accordance with the international human right law: second, the legal implication of the compulsory license  causes the adoption of policy and regulations regarding the protection of the right to health in developing countries, such as Indonesia, Malaysia, Brazil, India and  South Africa.  Keywords : Compulsory license, pharmaceutical products, legal implication and The right to health
LEGAL POLICY AND ITS POSITION IN THE TAXONOMY OF SCIENCE Wahju Prijo Djatmiko
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.1903

Abstract

Legal Policy is a new study and part of constitutional law (Staatrecht). Legal Policy is derived from two disciplines which are the Science of Law and the Philosophy of Law. Thus, it is not an intersection between the science of Law and Politics. Legal Policy operates on an empirically functional level using the teleological constructive method. This implies that politics is in the sense of ethics and the techniques of forming law (rechtsvorming) and law discovery (rechtsvinding). From the ontological and epistemological aspects,  Legal Policy  has a very strong root to be included in the science of law because its core is laws of legislation in various forms and levels. Legal Policy provides an academic basis for the process of formation and discovery which is in line with welfare, circumstances, culture, and existing values in society. Keywords: legal policy, rechtvinding, rechtsvorming, taxonomy 

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