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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 18, No 2 (2018)" : 16 Documents clear
JUSTICE-BASED HEALTH LAW: STUDY OF PROFESSION EQUALITY-BASED JUSTICE ON SOCIAL JUSTICE Muhammad Taadi Samsuri; Khudzaifah Dimyati; A Absori
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.1082

Abstract

The realization of the right to health can be achieved through several different approaches, for example; the establishment of health policies or the implementation of programs established by World Health Organization (WHO), or the adoption of legal instruments. This research is a doctrinal normative law research, that is by reviewing and analyzing library materials or secondary data that examines the values of justice through statutory approach. As a complement, this research also uses case approach, through field study. The discussion uses John Rawls's justice concept with fairness justice to analyze the findings of both research related to the findings of legislation and field findings, with the conclusion that justice based health law based on profession equality based on social justice is realized with health law that reflects the values of justice, the right of professional equality as well as the value of social justice with the concept of justice as a fairness as a capable concept to adapt, so it needs an adaptive health law approach.Keywords: Health Law, Profession Equality, Social Justice
DISTINGUISHING CONSTITUTIONAL AND STATUTORY INTERPRETATION IN JUDICIAL REVIEW CASES: A BLURRED BOUNDARY LINE Bisariyadi, B
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.1980

Abstract

The establishment of the Constitutional Court to hold power of reviewing the constitutionality of Laws raises discourse on the distinction between constitutional interpretation and statutory interpretation. In judicial review cases, the separation, either in common law or civil law tradition, between the two interpretations is not clearly distinguished. The Indonesian Constitutional Court, in judicial review decisions, shows that the Court does not only interpret constitutional provision. In a number of decisions, the Court has put more emphasis on the use of statutory interpretation. The essay discusses the Constitutional Court practice in the use of constitutional interpretation and statutory interpretation on judicial review cases.Keywords: Constitutional Court, judicial review, constitutional interpretation, statutory interpretation.
THE URGENCY OF INTERNATIONAL INVESTMENT AGREEMENTS (IIA) AND INVESTOR-STATE DISPUTE SETTLEMENT (ISDS) FOR INDONESIA Sefriani, S
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.1961

Abstract

In recent years, there has been an increasing number of claims through investor state dispute settle-ment (ISDS) proposed by foreign investors to the host states. This has prompted some states review their international investment agreements (IIA) and their ISDS clauses. Indonesia has terminated many of its Bilateral Investment Treaties (BIT) as well. The research questions are 1) How is the urg-ency of IIA and ISDS for Indonesia; and 2) What kind of IIA and ISDS format that Indonesia should make to balance the state’s and foreign investor’s interest. The analysis results conclude that the existence of IIA and ISDS remains urgent for Indonesia, but it takes changes in terms of format like the new models made by many other host states. They involve redefinition of multi-interpretative terms and the exhaustion of local remedies. In addition, the non-automatic and mutual agreement ISDS arbitration which excludes the MFN clause should also provide the state's flexibility to protect the people’s prosperity through non-discriminating regulations.Keywords: IIA; ISDS; foreign investment
CORPORATION AS THE ACTORS OF FISHERIES CRIME IN INDONESIA Retno Ningsih, Sri Dwi; Supanto, S.; Latifah, Emmy
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.2067

Abstract

In Indonesia, the Corporation is already recognized as one of the perpetrators of criminal acts in a variety of specific criminal acts and regulations, including in the Fisheries Act. Article 1 paragraph (14) Act No. 31 of the year 2004 jo Act No. 45 of the year 2009 about fisheries States that every person is a person, the individual or Corporation. This research is normative juridical research. The approach used is statute approach.The results showed that in the theory of criminal law, there is some form of the position of the Corporation as the perpetrator of a criminal offence may be subject to iability. The purpose of this study is to examine how the legal position of the Corporation as the perpetrator of the criminal offence of fishing in Indonesia. This research is the normative legal research. The data used are secondary data, while data collection is done through the study of the literature. Data analysis techniques using the deductive approach of law and interpretation.Keywords: corporations, criminal act fisheries
PHILOSOPHICAL FOUNDATION OF RELIGIOUS COURT COMPETENCE TOWARDS ENCUMBRANCE RIGHT EXECUTION Abd. Shomad; Rahadi Wasi Bintoro
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.2063

Abstract

Religious court as forefront in economic sharia dispute resolution in litigation has not ideal place to perform their duty since there are still regulation conflicts such as implementation of encumbrance right execution which still becomes a domain in district court. As explained, this article discusses phi-losophical foundation of Religious Court competence to resolve economic sharia issues. In regard to this, conceptual approach, law approach and historical approach are respectively used. Based on the analysis, basic competence of religious court is Islamic personality principle which carries the use of Islamic law elements (sharia principle) in its legal relationship. From the analysis the implication is drawn that as long as a dispute belongs to economic sharia, then it is Religious Court which is com-petent to handle including court decision.Keywords: law enforcement, economic sharia dispute, absolute competence, court decision implementation
BASE TRANSCEDENTAL VALUE ON JUDGE’S DECISION (Study of Basic Perspective of Pancasila State) Nurul Huda; Khudzaifah Dimyati
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.2076

Abstract

Pancasila is the state fundamental norm that is not formed by a higher norm. The highest expectation of justice seekers is fair verdict. The criticisms addressed to the judges persist due to gap between the judge's verdict and the values of justice the public hoped for. Viewed from the philosophical perspective, the first principle is vertical dimension (hablumminallah) while the second one is horizontal dimension (hablumminnas). This paper examines transcendental value in judge's decision. This research uses qualitative approach method through inductive conceptualization approach. The research intended to investigate the judges' rulings subsequently opposed to the juridical, sociological and philosophical transcendental values found its relevance to the rechtidee of the Indonesian nation. The results show that in practice, there is a tendency that judges' rulings emphasize on procedural justice rather than substantial justice. Whereas, if we comprehend the State Policy and the constitution, the judges verdicts ideally cannot be separated from its base namely transcendental values.Keywords: Judge's Verdict, Pancasila, Transcendental Value

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