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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 2 (2019)" : 16 Documents clear
Transformation Of Islamic Law Into National Law: Model, Problem And Alternative Solution Of Practicing Sharia In Indonesia Syarif, Nurrohman
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2373

Abstract

Abstract In the hands of some Muslims who make religion an ideology, sharia must be realized in real life in society through political instruments that can provide force. However, in their struggle, some of them use only one interpretation and one model, so it is difficult to be compromised. Base on assumption that there is more than one model, this research aims to formulate :1) some models of transformation of Islamic law into national law, 2) the problems 3) alternative concepts of solutions, and 4) the impact of any policy taken by the state. This research is a kind of non-doctrinal qualitative legal research. Data was obtained from the books or literature and it is analyzed to see the correlation between legal substance, legal structure and legal culture. This study concluded that without being Islamic state, there many models that can be used by Indonesian Muslims in transforming or practicing sharia.   Keywords: Islamic state, politics, religion, secular state  
Building Synergy To Develop Village Tourism Potential: Evidence From Banyumas District, Central Java Indonesia Pamuji, Kadar; Nasihuddin, Abdul Aziz; Ardanariswari, Riris; Supriyanto, Supriyanto; Rosyadi, Slamet
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2579

Abstract

An effort to develop village tourism potential is not a simple issue. This development requires careful planning and proper management. The purpose of this research is to formulate a synergy model that engages the village government and village consultative agency elements in the development of village tourism potential. This study takes Baturraden Sub-District, Banyumas Regency, as its research location. Baturraden Sub-District boasts a famous tourism destination, Baturraden Tourist Attraction, and 12 (twelve) villages with tourism potential in its surroundings. In this case, the village government (Pemdes) and Village Consultative Agency (BPD) play a vital role in building synergy to arrange a village tourism potential exploration policy. This legal research employs a qualitative approach, combined interview to collect the data, FGD, a document study, and observation. The research results find that BPD, which takes its role in village discussion, attempts to explore and develop village tourism potential by engaging all stakeholders. Keywords:synergy, village consultative agency, village government, village tourism
Indication of Source - The Protection of Tenun Ikat Sumba to Encourage The Economy of The Local Community Helitha Novianty Muchtar; Purnama Trisnamasyah
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2280

Abstract

Tenun ikat Sumba is one craft of the Nusa Tenggara community used in worship services. The use of natural dyes in tenun ikat Sumba is an economic commodity that should be empowered to increase the economy of the Sumba community. The economic improvement of tenun ikat Sumba begins with an indication of source protection which should be given by the local government of Nusa Tenggara. This is a descriptive analytical study on the need of the local government to enforce the protection of tenun ikat Sumba through the inclusion of tenun ikat Sumba in a local government decree as a declarative effort in line with the mandate of Article 63 of Law Number 20 Year 2016 on Marks and Geographical Indications. Protection of indications of source by the local government is expected to encourage the economic progress of the local community, especially Sumba women, as well as the preservation of the culture of the local Sumba community.Keywords : Indication of source, tenun ikat Sumba, local community
Transformation of Banking Law in Indonesia Gabrielia Febrianty Shofiana; Abd. Shomad; Rahadi Wasi Bintoro
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2523

Abstract

Globalization development through the market economy system has created injustice for humankind,encouraging Muslims to implement the Sharia in their economic activities. The rapid growth of shariaeconomy in Indonesia, ultimately affects the financial industry, including the banking that implicatesregulation and organizational structure causing two banking systems, namely conventional banking andsharia banking. Based on the description, this paper discusses the national banking law that applies two rulesof law in Indonesia. To address these legal issues, conceptual approach, statutory approach and historicalapproach are used. Based on the analysis, since the enactment of Law Number 21 Year 2008 on Sharia Banking,the existence of sharia banking is getting stronger. Therefore, in Indonesia there is a dual bank system in onerule, namely banking law. Both banks are responsible to bank Indonesia as national central bank.Conventional banks may conduct business activities based on sharia principles, but not so for sharia banks.Keyword: conventional bank, sharia bank, sharia principles
ASEAN Mechanism for Human Security Problems in Southeast Asia: What's Wrong? Natalia Yeti Puspita
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2566

Abstract

Since the flow of goods and services begins to cross national borders, threats to human security do not originate solely from war. The era of traditional security has begun to shift towards non-traditional security or human security. In this concept, threats to security are directed directly at humans such as natural disasters, epidemics, drugs and human trafficking, and terrorism. Southeast Asia is the region most vulnerable to natural disasters. Relations between countries in this region are under the auspices of ASEAN. ASEAN Way is an ASEAN mechanism based on the principle of state sovereignty and non-intervention. ASEAN Way and Human Security are two different concepts. The ASEAN mechanism cannot be applied absolutely to overcome natural disasters that are massive, cross-border and occur in areas of armed conflict in Southeast Asia. In this case, it is necessary to broaden understanding of the nature of the principle of state sovereignty and non-intervention.Keywords: ASEAN Mechanism, Human Security, Southeast Asia 
Asset Recovery of Detrimental to The Finances of The State From Proceeds of Corruption in The Development of National Criminal Law System Eri Satriana; Dewi Kania Sugiharti; Muhammad Ilham Satriana
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2474

Abstract

Asset Recovery resulting from corruption in Law 31/1999 in conjunction with Law 20/2001 is difficult, besides that Indonesia, which has ratified UNCAC 2003, is still experiencing difficulties resulting in a low amount of repayment of state financial losses compared to its own financial losses. Problems in asset recovery originate from Article 18 of Law 31/1999 in conjunction with Law 20/2001, which can only be done after a court decision has permanent legal force. UNCAC 2003 has the concept of non conviction base forfeiture (in brake system) to overcome these weaknesses. The formulation of optimizing punishment is generated by asset recovery with  an economic analysis of law approach using the time value of money as a determinant of calculationKeywords: asset recovery; detrimental to the finances of the state; corruption; national criminal law system.
Post-Colonial Citizenship Law (Comparative Study of Asian Countries) Isharyanto Isharyanto
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2550

Abstract

The Impact of Indonesian Law No. 6/2014 on Women’s Political Participation in the Politics of Kelurahan: A Study on Kelurahan’s Community Empowerment Institution (LPMK) in Salatiga, Indonesia Ani Purwanti; Dyah Wijaningsih; Fajar Ahmad Setiawan
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2546

Abstract

In Indonesia, decentralization and democratization have prompted the issue of women’s representation to be brought upon local and small-scale communities. One of the examples is the Indonesian Law No.6/2014 (the Village Act) in which the affirmative action for women’s participation is mandated in village’s representative body. Later, the same action is implemented in the urban counterpart to village’s rural that is Kelurahan, with the same Act –mutatis mutandis-. This article explores the implementation of Law No. 6/2014’s affirmative action to the kelurahan’s representative body, the Community Empowerment Institution or Lembaga Pemberdayaan Masyarakat Kelurahan (LPMK) in Salatiga. Acknowledging that there are fundamental differences between village and kelurahan, we found that such a maneuver has caused policy and practical inconsistencies where gender equality clause is omitted and the organization’s structure remains unreformed. Thus, it seems that the implementation of affirmative action for women participation in kelurahan’s politics has been withered before blooming.
Functionalization of E-Court System in Eradicating Judicial Corruption at The Level of Administrative Management Muhamad Iqbal Iqbal; Susanto Susanto; Moh Sutoro
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2510

Abstract

This study aims to determine the effectiveness of the implementation of E-Court to eradicate the activities of judicial corruption. Corruption in the administration sector is closely related to the relationship between justice seekers and court administration staff. The problems raised in this study are how functionalization of E-Court in eradicating judicial corruption in administrative management of cases in the courts in JABODETABEK and how to reform the management of administrative court in the future. This study uses an empirical method approach with descriptive analytical research specifications. This is because this research seeks to illustrate the facts of the effectiveness of the e-court system in eradicating corruption in the court administrative management sector. This concept of public service must be well understood by the judiciary. The functionalization of e-court is considered not optimal since many justice seekers do not know the existence and usefulness of the system. It is expected that the e-court system will support the establishment of the principle of quick, simple and low cost justice in the administrative management of cases. Keywords: E-Court, Court Administrative System, Corruption
Efforts to Achieve Legal Justice in Social Conflict Resolution in Register 45 Mesuji Lampung I Ketut Seregig
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2586

Abstract

This research focuses on efforts to provide solutions in resolving social conflicts that occur between the community and the company PT Silva Inhutani at Register 45 in Mesuji Lampung, which has been running for 14 years (2005-2019), but within that period there has not been a comprehensive settlement. This article is one of the solutions in realizing legal justice so that social conflicts in the Register 45 Mesuji Lampung do not cause futile casualties. We also found that monopolistic practices were carried out by the company in implementing the partnership policy issued by the government and the practice of intimidation by the company using thugs to ban and evict land that was worked on by the community at the Register 45 Mesuji Lampung. Some of the most successful references in resolving social conflicts found by journal authors, they are Pham Huu Ty et al (2013), Rafael Reuveny et al (2007), Franks et al (2014), Ismael Rafols et al (2012), Buijs et al. (2012) 2013), Lambin et al (2001) and Pauline E. Piters (2004), whose research was carried out in countries; Vietnam, Latin America, England and Africa. The approach used in resolving social conflicts is the "legal justice" approach between the community and the company.Keywords: Solution, Social Conflict, Register Land, societies, company.

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