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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 15 Documents
Search results for , issue "Vol 19, No 3 (2019)" : 15 Documents clear
The Legal Impacts of The Convention for The Conservation of Southern Bluefin Tuna on The Optimum Utilization and Sustainability of Highly Migratory Fish Sri Wartini
Jurnal Dinamika Hukum Vol 19, No 3 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.3.2596

Abstract

The sustainability of southern Bluefin tuna (SBT) is very important, since the SBT as one of the highly migratory fish which is very valuable. Because of that, the SBT are exploited tremendously  and it caused serious  decline of the population. Due to the reasons, the aim of the paper is to examine comprehensively the legal impacts of the Convention for The Conservation of Southern Bluefin Tuna (CCSBT) on the optimum utilization and sustainability of the SBT as one of  highly migratory fish, There are two problems questions that  are proposed, namely,  first, how is the role of the Commission of CCSBT in the optimum utilization and sustainable conservation of the SBT. Second, how is the legal impacts of the CCSBT to the conduct of the Member States to obey the obligations of the CCSBT in order to utilize and  to maintain the sustainability of  the SBT in sustainable manner. The result of the paper finds that there is positive legal impacts of the CCSBT to the Member States’ conduct in order to materialize the  optimum utilization and sustainability of the SBT, though, there are still some challenges.   Keywords: conservation, highly migratory fish, optimum utilization, southern tuna Bluefin, sustainable manner.Southern Bluefin Tuna (SBT), as one of the highly migratory fish, is very valuable due to the high demand inthe international market. Hence, the SBT is exploited tremendously and it caused a severe decline in thepopulation. To maintain the sustainability utilization of SBT, the role of the Commission on the CCSBT isimperative. The objective of the research is to examine conceptually the legal impacts of the Convention forthe Conservation of Southern Bluefin Tuna (CCSBT) on the optimum utilization and sustainability of the SBT.It is a normative juridical research by applying conceptual and statutory approaches. The results of theresearch indicates that: first, the role of the Commission of CCSBT in the optimum utilization and thesustainability of the SBT is very significant: second, there are positive legal impacts of the CCSBT to theconduct of the Member States to comply with provisions of the CCSBT; third, the legal impacts of CCSBT areable to oblige the Member States to perform their obligations, however, there are still some challenges tomaterialize the objective of the CCSBT.Keywords: conservation; highly migratory fish; optimum utilization; southern tuna bluefin; sustainability.
The Importance of Good Constitution for Resulting Good Governance and Clean Goverment Yoyon Mulyana Darusman; Bambang Wiyono; Guntarto Widodo
Jurnal Dinamika Hukum Vol 19, No 3 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.3.2673

Abstract

The existence of the Constitution in the State as the Social Contract to born of the State, this statement base onSocrates (Era the 3 rd before Messiah) as one of the other philosophy of Greek, so that in the practicing of born orestablish of the States in the world, beginning by compromise of the Constitution of the State.
Local Government Policy in The Procurement of Rental Official Vehicle (ROV) in Keerom District, Papua Icuk Rangga Bawono; Adhitia Pradana
Jurnal Dinamika Hukum Vol 19, No 3 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.3.2703

Abstract

The implementation of regional government requires supporting facilities and infrastructure for the smooth implementation. One of them is adequate transportation facilities. Therefore, the local government provides official vehicles for commitment and responsibility in giving attention and concern to duties of the state civil apparatus implementation. This study aims to formulate urgency of leasing operational service vehicles in the Keerom District Government. This study uses normative legal research as research method. The legal material obtained will describe and relate in such a way that it is presented in a more systematic writing to answer problems that have been formulated. Result shows the procurement of official vehicles was chosen through the rental process to minimize expenditure in the context of budget economy, effectiveness, and efficiency. Rental official vehicles in the Keerom Regency Government function as a support for regional government in achieving targets as its responsibility to provide welfare for community. Keywords: local government; operational service vehicles; rental 
The Power of Mediator Suggestions in Mediating the Settlement of Pancasila Industrial Relations Disputes Outside the Court Siti Kunarti
Jurnal Dinamika Hukum Vol 19, No 3 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.3.1881

Abstract

One of the settlements of disputes outside the court, mediation is understood as a settlement that is non-judgmental, fast, inexpensive, and provides access to the disputing parties to obtain justice or a satisfactory settlement by means of a win-win solution. The role of an industrial relations mediator is urgently needed to achieve harmonious industrial relations. The mediator becomes a point of contact who plays an active role in settlements outside the court. The strength of the mediator's suggestion in mediation is something that greatly determines the continuity of the settlement process because it can be a dispute resolution up to the Industrial Relations Court (PHI) if the negotiation and the mediator's written recommendation are not accepted by one or both parties. In a formal claim to the Industrial Relations court, a written recommendation is part of the minutes of industrial relations dispute settlement. A written recommendation only has power if a collective agreement is made and is registered with the PHI to get the power to be implemented. Deliberation to reach a consensus through mediation settlement with a written suggestion as one of the settlement methods in Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement has not been optimally implemented as long as it is not registered with PHI to have permanent legal force.Keywords: Mediation; Pancasila; Industrial Relations Disputes.
Legal Compliance On The Road As The Effort To Overcome Jakarta’s Traffic Congestion Elfrida Ratnawati Gultom
Jurnal Dinamika Hukum Vol 19, No 3 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.3.2601

Abstract

Traffic discipline is an important attitude. Road drivers need to be accustomed to it if they want to reach their destination safely. Drivers need to be disciplined regarding regulation. Jakarta is a densely populated city with the problem of traffic congestion due to its road users who do not comply with regulations. Why are the people of Jakarta not discipline in traffic? What is the solution to make them obey traffic rules? These are main problems discussed in this paper. The research used the normative method, analyzed descriptively, used primary data which was supported by secondary data, and processed qualitatively. Jakarta people are not disciplined in traffic because there is no awareness about the importance of traffic order. As solutions, theremust be a strict law enforcement on the road, and officers must keep providing information to the public on the importance of traffic order. There must be sanction as a deterrent effect for those who are not disciplined in traffic.Keywords: legal compliance; law enforcement; traffic order.
Reconstruction of Over-the-Counter Transaction Settings Based on Legal Certainty I Wayan Surya Hamijaya J
Jurnal Dinamika Hukum Vol 19, No 3 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.3.2718

Abstract

OTC (Over-the-Counter) Transaction has become one of the alternative choices that greatly benefits to the parties. Problems then arise when the law has been formed by the competent authority, but it creates legal uncertainty due to the regulations that regulate the same things but different contents. The OTC Transactions are regulated in Financial Services Authority Regulation Number 22 / POJK.04 / 2019 on Securities Transactions. It is stated that the OTC are included in securities transactions, of which transactions can be done both in the primary and secondary markets. However, the Regulation Number 8 of 1995 does not regulate the OTC transactions. This can lead to the legal uncertainty towards the OTC transaction agents since there are more than one regulation governing the same problem. In addition, a reconstruction is needed for legal protection and dispute resolution related to the OTC transactions.Keywords: OTC transactions, regulatory reconstruction, legal certainty. 
Optimizing The Role of The Consumer Dispute Resolution Agency (BPSK) Through The Reformulation of Government Regulation No. 80 Of 2019 Concerning Trade Through Electronic Systems in The Order of Making Legal Sure Sahat Maruli Tua Situmeang
Jurnal Dinamika Hukum Vol 19, No 3 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.3.2824

Abstract

The e-commerce transaction dispute resolution mechanism in PP PSME is considered inefficient and does not provide legal certainty for consumers and for business actors considering the existence of several similar regulations that have existed before. This study aims to determine that the implementation of PP. 80 of 2019 has added an alternative mechanism for e-commerce transaction dispute resolution which is actually considered convoluted, inefficient and does not provide legal certainty. Through the normative juridical research method, which is the aPProach to the problem by seeing, analyzing and interpreting theoretical matters concerning legal principles in the form of conceptions, statutory regulations, views, legal doctrines and related legal systems. In this study, the authors have the opinion that in an effort to realize legal certainty, legal simplification, legal unity and the realization of a fast, simple and low cost dispute resolution, it is necessary to make efforts to establish legal norms through reformulation of PP. 80 of 2019 concerning Trade Through Electronic Systems. Keywords: Electronic commerce; Legal certainty; Legal formation through legal reformulation.
A Remunicipalization Idea on Water Management in DKI Jakarta Province Setiadi, Wicipto; Pratiwiningrum, Aprilia Zul
Jurnal Dinamika Hukum Vol 19, No 3 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.3.2657

Abstract

Since 1997, water privatization has existed but there is no significant progress on water management in Jakarta. Many households don’t have access to clean water due to the leakage and outdated pipes as well as the non-legal contract between PT. Aetra Air Jakarta and PT. Palyja. The contract was not in accordance with Article 33 (3) of the 1945 Constitution of the Republic of Indonesia and not in a fair tender. The research problems focus on: what actions are taken by theJakarta Government to take over the water management in Jakarta and Can theremunicipalization policy be used as a model in Jakarta? This research uses thenormative legal method. In order to address the issue, the Jakarta Governmentapplies the remunicipalization on water management. The government hasassigned the task force to find the ideal solution. The task force comes up with 3alternatives: status quo, contract termination, processed to the civil court.Keywords: Remunicipalization; DKI Jakarta Province; Water Privatization.
Political Policy Related to Alleviation of Underdeveloped Regions Through Tourism Investmen (A Study in Pacitan Regency) Kurniawan, Furqon; Sukarmi, Sukarmi; Hadiyantina, Shinta
Jurnal Dinamika Hukum Vol 19, No 3 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.3.2683

Abstract

Indonesia has plentiful potential ecotourism in numerous areas which has not been explored yet by the Authorities such as the Ministry of Tourism. Each region has the authority to regulate its own territory by making policies based on the Law on Regional Government. The Regional Government of Pacitan Regency has established three Regional Regulations that are relevant to investment development efforts in the tourism sector. Each Regional Regulation certainly has a political goal to be achieved. This legal research was conducted to analyze the form of legal politics related to investment development in the tourism industry based on the policies of the Regional Government of Pacitan Regency that have been implemented. This type of legal research used empirical juridical analysis of qualitative data obtained through field studies and literature studies to find out the implementation of regional regulations related to tourism in Pacitan Regency. The conclusion of this research is that the Regional Government of Pacitan Regency opens the widest possible investment development efforts in the field of tourism through the establishment of Regional Regulation policies.Keywords: Investment; Political Policy; Tourism; Underdeveloped Region
Legal Status of The Social Security Administrator (BPJS) As A Public Legal Entity Diah Arimbi
Jurnal Dinamika Hukum Vol 19, No 3 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.3.2700

Abstract

The Social Security Administrator (BPJS) as an independent public legal entity has its legal position and authority. Because of the regulation issued by the Ministry of Health, the independence of BPJS is interfered with. The relationship that has not been well organized and elegant between BPJS and the Ministry of Health has caused many program problems in the field. Therefore, we need to figure out where the position of BPJS is as a state institution with a public legal entity. The BPJS forms the basis of the Welfare State, through which the government carries out its role of providing basic citizens’ rights to life. Based on Article 28 H and 34 of the 1945 Constitution, the National Social Security System (SJSN) law was established. The Social Security Administrator for Health (BPJS Kesehatan), a legal entity established by the law to administer social security programs, was then formed. Based on those bases, the relationship between BPJS of Health and the Ministry of Health is functional so that the BPJS as a state institution responsible to the President has complete independence. Keywords: Social Security Administrator for Health; Public Legal Entity; Legal Position.

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