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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.
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Articles 16 Documents
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Search results for , issue "Vol 19, No 1 (2019)" : 16 Documents clear
The Position of Mamak Kepala Waris in High Ancestral Inheritance in Minangkabau Indigenous Community Ellyne Dwi Poespasari
Jurnal Dinamika Hukum Vol 19, No 1 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.1.2214

Abstract

There has been a paradigm shift on the legal stance, role and function of ‘mamak kepala waris’ in ‘harta pusaka tinggi’ –inheritance that has been handed down to generations– in the Minangkabau community. This article examines several legal issues regarding the role of ‘mamak kepala waris’ in ‘harta pusaka tinggi’ in the Minangkabau indigenous community. Firstly, how is the legal position of mamak kepala waris in the management of ‘harta pusaka tinggi’ in Minangkabau. Secondly, how is the current development of the role of ‘mamak kepala waris’ in ‘harta pusaka tinggi’ in the Minangkabau indigenous community. This research is an empirical juridical research with descriptive analysis. The primary data for this study were obtained through observation, interviews with respondents and legal experts, while the secondary data were taken from desk study on legal documents including jurisprudence and legal theories. The results of the study: first, the legal position of ‘mamak kepala waris’ is very important in managing, regulating, supervising and being responsible for the properties that have been inherited through generations (harta pusaka tinggi) for the benefit of nieces. The mamak kepala waris is the holder of the control and maintenance of harta pusaka tinggi of the community. Second: the development of the Minangkabau indigenous people is inseparable from the change in their society, because the Minangkabau people are dynamic and able to keep up with the current development both internally and externally.Keywords: mamak kepala waris, harta pusaka tinggi, matrilineal descent
Disparity of the Waiting Period of the Capital Punishment Execution for Narcotics and Murder Cases in the Perspective of Human Rights Djernih Sitanggang; Efa Laela Fakhriah
Jurnal Dinamika Hukum Vol 19, No 1 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.1.1266

Abstract

Disparity of the waiting period of the capital punishment execution for narcotics and murder cases occurs as the legal consequence of the policy of the Indonesian Public Prosecution Service for prioritizing the execution of death row inmates in narcotics cases. The problem is how the analysis is in the perspective of Human Rights for such disparity of the waiting period for the execution of the death row inmates as a result of the Prosecutor's policy to prioritize the execution of the death row inmates in narcotics cases. This study uses a juridical normative method with the legislation and case approaches. The study's result concludes that disparity of the waiting period for the execution of death row inmates in narcotics and murder cases represents no protection and respect for human rights. There should be an implementing regulation that governs the waiting period of the execution of death row inmates to avoid the disparity, so that execution of death row inmates will be carried out to represent the human rights protection.Keywords: Disparity, Waiting Period of Execution, Death Row Inmate, Human Rights
Controling the Abandoned Land in Tegal Regency S Sudjito; Mohammad Paurindra Ekasetya
Jurnal Dinamika Hukum Vol 19, No 1 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.1.2442

Abstract

This research aims to know and to analyze the cause of Abandoned land in Sumbarang village, Tegal regency, the effort which has been done by land office of Tegal regency and the obstacle which is faced by the Tegal Regency’s Land Office in controling the Abandoned land. The type of this research is an empirical law which placed in Sumbarang village, Tegal regency. The source of the data consist of primary and secondary data. It is analyzed by qualitative technique. The results of this research find that the factors of the Abandoned land in Sumbarang village are: (1) the wide of the land is not comparable with the worker (2) the right land is lended to Sugar Company (PG) Pangkah, so the farm is changing function. (3) plant hama attack. The efforts which is done by the land office of Tegal regency toward the Abandoned land are (1) directing the right holder to use their land. (2) monitoring towards the land right, (3) evaluating the land right (4) controling based on Government Regulation Number 11 of 2010 jo. Regulation of the Head of the National Land Agency Number 4 of 2010. The Tegal office land faces some obstacles, they are (1) the right holder lives is unknown, so, it causes difficulty in giving the warn. (2) the right holder is not cooperative. There is no coordination and coorperation betwen the right holder and land Office.Keywords: Controling, Abandoned Land, Tegal Regency
Citarum Authority Agency as the Commitment of the Government in the Conservation of Water Resources to Realize the System of Environmental-Based Water Management Suwari Akhmaddhian
Jurnal Dinamika Hukum Vol 19, No 1 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.1.2272

Abstract

Water resources management requires the support of all parties involved in the commitment to jointly maintain sustainable and beneficial water resources and requires a focused and comprehensive institution so that the benefits of water availability are felt by the community. The goal is to analyze the Institutional Management of the Citarum Watershed; and Effectiveness of Government Policy in Conservation of Water Resources to Realize the System of Environmental-Based Water Management. The results of the study are that government policies in Citarum must be equipped with more comprehensive regulations, especially strengthening the permits for housing development must pay attention to the concept of conservation of water resources; Government commitment is strengthened, namely 1 (one) policy in the management of the Citarum River, namely the Citarum Authority Agency that replaces the function and role of agencies that have been managing the Citarum River, then with 1 (one) water resource management.Keywords: government; citarum authority agency; conservation of water resources.
Harmonizing the Settlement of Authority Dispute Between Government Institutions in Indonesian Tax Law Agus Suharsono
Jurnal Dinamika Hukum Vol 19, No 1 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.1.1263

Abstract

Governmental institution obligatorily delivers taxing information to Tax Directorate General constituting an administrative law domain, but the imposition of taxing criminal sanction is considered as less appropriate. Settlement of authority dispute between government institutions in Indonesian tax law was not harmonious as it was not based on Governmental Administrative Law. It could be seen that Governmental Administrative Law has not been included into Academic Draft of Tax General Provision and Procedure Law as the material of substantive evaluation so that the settlement of authority dispute has not considered yet the provision of Article 16 or article 21 of Governmental Administrative Law, but taxing criminal law was imposed directly. This study recommended the Governmental Administrative Law to be included into Academic Draft of Tax General Provision and Procedure Law as the material of substantive evaluation to enable the settlement of authority dispute between governmental institutions based on administrative law.  Keywords: Authority Dispute, Taxing Criminal Law, State Administrative Law.
Legal Politics Aspect of Regulation, Efforts of Safeguard, Supervision, and Control Over the Comercial Explosives in Indonesia Fajar Pratama
Jurnal Dinamika Hukum Vol 19, No 1 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.1.2268

Abstract

The consequence of Indonesia as a state of law in accordance with Article 1 Paragraph (3) of the Constitution 1945 is that it creates legal politics which continues to develop in accordance with the dynamics of political life in the Indonesia state. Legal politics that has occurred in Indonesia was when the reform movement emerged demanding the separation of the Indonesian National Police and the TNI which had long been integrated into the Indonesian Armed Forces. Based on this incident, it has an impact on the regulation of Commercial Explosives in Indonesia according to the Decree of the President of the Republic of Indonesia Number 125 of 1999 about Explosives, with licensing arrangements generally still being issued by the Ministry of Defense of the Republic of Indonesia. However, the technical licensing arrangements for Commercial Explosives in Indonesia have been issued by the Police of the Republic of Indonesia.Keywords: legal politics, reform, commercial explosives, regulation
Legal Implication of Black Campaigns on The Social Media in The General Election Process Nyndya Fatmawati Octarina; Hardianto Djanggih
Jurnal Dinamika Hukum Vol 19, No 1 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.1.2115

Abstract

This study aims to examine the problems of black campaign on social media in the process of Regional Leader elections. The method used was a normative legal research with a qualitative approach to analyze the phenomena among the objects of the study with a conceptual and a case approach. The result indicates that the legal implication of the black campaign on the conduct of Regional Leader elections is that black campaign is not an option in politics. In addition to comprising detrimental things and violating the norm, black campaign also leads to poor political education for the society and can harm both the objects that are imposed and the black campaigners as this matter can be subject to criminal sanctions as stipulated in the Law of Election and Electronic Information and Transactions. For further research, there is a need for serious handling through criminal law and other facilities so that the implementation of elections to the regions as the actualization of democracy in Indonesia results in more valuable quality so as to create trustworthy Regional LeadersKeywords: Regional Head Election; Black Campaign; Social Media.
Indonesian Worker Protection from Labour Exploitation in Singapore Mety Rahmawati
Jurnal Dinamika Hukum Vol 19, No 1 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.1.2507

Abstract

Since 2017, Indonesian labour in Singapore has been getting a salary of SGD 550 excluding the compensation for overtime work. It has attracted Indonesian citizens to work in Singapore. However, they experience exploitation from their employers and, based on the survey, they work over time, receive low salaries and a little time off even some of them experience physical or verbal abuse. The regulations issued by Indonesia have not been able to protect the rights of its migrant workers in Singapore. This is due to the weakness of legal enforcement. To get the protection, the victims require long and strenuous efforts. This is very aggravating for Indonesian labour, considering they are in a state of fear. Indonesian government should learn from the experience of the Philippines, in which the sender of the labour is the government of the Philippines which has been recognized by ILO.Keywords: Protection, Indonesian labour
Intervention of Intellectual Property Rights on Household Industry Productivity Yulianty Jacob, Yossie Maria; Tungga, Ishak Alfred; Peku Wali, Umbu Lily
Jurnal Dinamika Hukum Vol 19, No 1 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.1.2478

Abstract

All seaweed farmer groups can naturally train their members. Even local governments have provided services for increasing the productivity of home industry of seaweed farmers as regional superior products, but there has been no IPR intervention action on superior products in order to provide protection and encourage the type of seaweed processing business to obtain IPR. Research uses this normative and empirical legal research. This means that legal material data is used in reviewing and tracing various rules regarding IPR in the productivity of Industrial Seaweed RT in Rote Ndao Regency. Research shows that branded processed seaweed food products are fostered and developed by local governments, but IPR intervention is not carried out by regional governments to protect and encourage each type of product to develop regional superior products. The legal impact on unbranded seaweed food products in Rote Ndao District is that the community does not yet feel secure by not having IPR from the types of products available.Keywords: IPR Intervention, Industrial Productivity RT, Seaweed
Promoting Traditional Cultural Expressions via YouTube Laina Rafianti; Ahmad M. Ramli; Rika Ratna Permata
Jurnal Dinamika Hukum Vol 19, No 1 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.1.2419

Abstract

YouTube is a potential media to promote Indonesian traditional cultural expressions in Indonesia. Even though the promotion of traditional cultural expressions is growing fast, the communal intellectual property law is still a big question mark. The purposes of this paper are, first, to identify how YouTube impact on utilizing Indonesian culture, to analyze how to gain economic benefit from broadcasting through YouTube, and to note how to balance rights and obligations between traditional cultural expressions stakeholders. From a methodological standpoint, this paper used both a normative and ethnography-legal research approach. This paper result is, first, YouTube gives influence directly and indirectly to the promotion of traditional cultural expressions; and second, custodian and performers of traditional cultural expressions potentially receive the economic benefit from broadcasting through YouTube. Ultimately, petahelix approach is required in obtaining a balance right and obligation between traditional cultural stakeholders.Keywords: YouTube, Traditional Cultural Expressions, Intellectual Property, Copyright

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