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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 12 Documents
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Search results for , issue "Vol 21, No 2 (2021)" : 12 Documents clear
The Urgency and Mechanism for Halal Certification of MSME Products in E-Commerce Wirdyaningsih, Wirdyaningsih; Syahida, Aufi Qonitatus; Karimah, Iffah; Nabilah, Annisah Marwah
Jurnal Dinamika Hukum Vol 21, No 2 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.2.2865

Abstract

The current development of technology supports the use of e-commerce for fulfillment of public needs. Nowadays, more start-ups and digital companies in Indonesia, including Micro, Small and Medium Enterprises (MSME) are targeting sharia market through selling halal goods on e-commerce shop and provide sharia investment products for Muslims. However, the high usage of e-commerce in Indonesia, which has become a necessity for Muslim societies, is not comparable with halal certification on MSME products in e-commerce. Based on the problems, this paper examines the urgency and mechanism of halal certification in MSME products in e-commerce in Indonesia. This research uses juridical-normative research methods to address this issue. Based on the research result, researchers found that coordination with all parties is needed, ranging from the government to the industrial actors, so that all MSME products from e-commerce can easily carry out halal certification. The government needs to form a digital economic interconnection of sharia so that the sharia economy is also not left behind in terms of financial technology, Islamic financial institutions, online commerce, and social finance. Various parties including the Ministry of Trade, the National Sharia Council (DSN) MUI need to make regulations and fatwa in support of halal certification in e-commerce. Keywords: e-commerce; halal certification; Indonesian economy; MSME; products.
Tenancy Agreement: Can Tenant Declare that the Agreement is Void due to Movement Control Order? MUHAMMAD ASYRAF AZNI; Suria Fadhillah Md Pauzi
Jurnal Dinamika Hukum Vol 21, No 2 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.2.2870

Abstract

The government of Malaysia has declared Movement Control Order (MCO) for the whole Malaysia in order to flatten the curve of Covid-19 infection. Universities, such as UiTM, consequently has been ordered by the government to close its campuses and as such students who are renting a house are wondering whether they can terminate the tenancy agreement which they have entered into. The paper analyses the legal position of doctrine of frustration and force majeure in this context. The analysis is done based on the cases and/or legal provisions from various jurisdiction such Malaysia, Singapore, and the United Kingdom. This paper finds that force majeure clause is most likely cannot be used to terminate the agreement because this clause is usually not included in the terms of the agreement. Doctrine of frustration on the other hand might be use as a ground to terminate the agreement. However, the court will apply the doctrine of frustration in a very careful manner so as to respect the sanctity of the agreement. In conclusion, whether or not tenancy agreement can be terminated due to MCO, it will all depends on the terms of each tenancy agreement.Keywords: contract; Covid-19; force majeure; frustration; MCO
Guard And Security Team for Regional Development in Preventing Criminal Acts of Corruption Hibnu Nugroho
Jurnal Dinamika Hukum Vol 21, No 2 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.2.2859

Abstract

To prevent the occurrence of criminal acts of corruption, the Attorney General's Office issued a Decree of the Attorney General of the Republic of Indonesia Number: KEP-152/A/JA/10/2015 dated October 1, 2015, followed by Instruction of the Attorney General of the Republic of Indonesia Number: INS-001/A/JA/10/2015 concerning the Establishment of the Government and Development Guard and Security Team (TP4) of the Republic of Indonesia Prosecutor's Office, to be followed up by all levels of the Attorney General's Office throughout Indonesia. At the regional level, the TP4D institution is expected to be able to prevent the emergence of potential corruption in projects in the regions by assisting from the inception of contracts. With assistance, the parties implementing contracts also feel the safety of being assisted by experts in the field of law, especially those related to corruption. This paper discussed the performance of the TP4D (Guard and Security Team for Government and Regional Development). This institution was dissolved after four years running and revoked based on Attorney General's Instruction Number 7 of 2019 concerning Implementation of Attorney General Decree Number 345 of 2019 concerning the Revocation of the TP4. The existence of the TP4D was actually perceived to provide many benefits by development implementers in the regions, especially its prevention of the emergence of maladministration and the potential for corruption. This article was part of the reseach of Professor Grant scheme of 2020.Keywords: prevention, corruption, escort, regional development
The Socio-Legal Study of Rights Fulfillment and Fostering Prisoner at Correctional Institutions in Covid 19 Pandemic Nur Rochaeti; Irma Cahyaningtyas
Jurnal Dinamika Hukum Vol 21, No 2 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.2.2858

Abstract

As part of the integrated criminal justice system, Correctional Institutions play a role as law enforcement officers in addition to having a strategic role in the formation of Human Resources (HR) that are independent, responsible, quality, and dignified. The correctional system is a more humane and normative treatment system for inmates based on Pancasila and is characterized by rehabilitative, corrective, educative, and integrative or order regarding the direction and boundaries as well as ways of fostering prisoner based on Pancasila, which are carried out in an integrated manner between the coach as  a correctional officer , being fostered, and integrative or order regarding the direction and boundaries as well as the way of fostering the prisoners based on Pancasila which are carried out in an integrated manner between the coach, prisoners and integrative Public. The problem is how is the socio-legal study of fulfilling prisoner’s rights and fostering in correctional institutions during the COVID 19 pandemic. The research method used is socio-legal, to analyze the policy on Act Number 12 of 1995 of correctional and fulfillment of prisoner’s rights in coaching during the COVID 19 pandemic. The results of the study analysis that the policy in Act Number 12 of 1995 of correctional currently does not accommodate the fulfillment of prisoner’s rights in correctional facilities, prisoner’s guidance is carried out by providing useful skills after leaving correctional facilities for independence and personality, which cannot be fully utilized. Inmates optimally, after leaving penitentiary, infrastructure facilities, as well as health workers in correctional, are needed, especially when the COVID 19 pandemic. The release of prisoners is a dilemma in the condition of the COVID 19 pandemic.Keywords: arranged socio-legal; fostering prisoner; correctional institutions; COVID 19
Reformulation of Sanctioning Mining Acts of Individual Legal Subjects as Efforts to Improve Ecological Stability in Indonesia Ismawati Septiningsih
Jurnal Dinamika Hukum Vol 21, No 2 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.2.2855

Abstract

This research analyzes the urgency of the need for reformulation of individual legal subjects who commit mining crimes to encourage increased ecological stability in Indonesia. This research is normative legal research using secondary data sources through a prescriptive literature study. The results showed that the frequency of mining criminal acts committed by individual legal subjects has a high rate of cases; it also has implications for the ecological balance around the mining area. The reformulation of sanctions on particular legal matters focuses on changing the substance of articles in Law Number 4 of 2009 concerning Mineral and Coal Mining (Mining Law). In the research, it will be presented with recommendations for changes in the substance of the Mining Law article which regulates the sanction of individual legal subjects who commit mining crimes to create a deterrent effect to the perpetrators, so that in the future it is expected to encourage increased ecological stability in Indonesia through reducing the frequency of criminal cases mining.Keywords: Reformulation; Individual Legal Subjects; Mining Crimes; Mining Law; Ecology.
Extradition Arrangements in Efforts to Eradicate Corruption Crimes in Indonesia Sulaiman Rasyid; Joko Setiyono
Jurnal Dinamika Hukum Vol 21, No 2 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.2.3154

Abstract

Corruption is a serious threat to the stability and security of the state and the international community and has weakened institutions, democratic values and justice. This article discusses extradition arrangements in Indonesian law and discusses efforts to eradicate corruption through extradition agreements. In conducting this research, this research uses a literature study research method. The results of this study are extradition can be carried out based on an agreement and if there is no agreement between the two countries, then extradition can be carried out on the basis of good relations between countries. If there is no previous extradition treaty between the requesting country and the requested country, the requesting country can request arrest through INTERPOL. In terms of returning assets resulting from corruption, there is a Mutual Legal Assistance in Criminal Matters (MLA) mechanism that can be applied this is because corruption is considered a serious crime and this crime is transnational in nature so it requires cooperation between countries to eradicate it.Keywords: extradition; corruption; serious crimes; law enforcement
The Right to be Forgotten as Protection for Children Victims of Non-Consensual Pornography Crime Renald Markus Sinaga; Manunggal Kusuma Wardaya
Jurnal Dinamika Hukum Vol 21, No 2 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.2.2845

Abstract

Revenge porn refers to the distribution of sexually explicit images without the consent of the pictured individual, in most cases, this happens when someone decides to end the relationship with their partner, the partner who refused their decision then threatens to spread their sexually explicit images on the internet. So far, the existing legal system only accommodates aspects of criminal prosecution for non-consensual pornography offenders. However, if we conduct further observation, the protection that is most needed by the victims is how to reduce the negative impact of this which can harm their future. The right to forget is a right that gives a person the right to delete their data from search engines and other directories under certain circumstances. In a general context, this right is still problematic to adopt because it can threaten the rights for freedom of speech. However, in the context above, this right may be important to be applied for the protection of someone against mistakes made under the age of age. Convention on the Rights of the Child articles 16 & 40 (2) (b) (vii) as explained by the children's rights committee in General comment no. 10 (2007) on Children's rights in juvenile justice in the “Full respect of privacy” section guarantees the rights of child perpetrators of criminal offenses to be kept secret, even in the Beijing rules article 21.1 & 21.2 regulate to avoid stigmatization and/or prejudice or to increase penalties then the record of child offenders is not may be used in subsequent cases when the child is an adult.Keywords: child porn; human rights; nonconsensual pornography; porn revenge; right to be forgotten
Legal Certainty: Fulfillment of Human Rights Regarding Health Within Omnibus Law Through Hospital Acreditation Kana Purwadi; Hendra Sukarman; Dhaneswara Awindra Wijaya
Jurnal Dinamika Hukum Vol 21, No 2 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.2.3192

Abstract

The second and fourth amendment of 1945 Constitution has placed right to health as a human right. The state is obliged to fulfill health services that consists of promotive, preventive, curative and rehabilitative health services. The state is also obliged to provide a proper health service facility. The term “proper” presuppose to fulfil a particular standard. Since 8th June of 2020 to the inception of the Omnibus Law the hospital accreditation standard is based on the Health Ministry Regulation No. 12 of 2020. The inception of the Omnibus Law on 2nd November of 2020 is impacting the Law No. 44 of 2009 regarding hospital specifically associated with hospital accreditation. This research analyzes the legal certainty of human’s right to health fulfilment within Omnibus Law through the hospital accreditation settings and the urgency under the establishment of Pancasila law. The used research methodology to analyze are normative juridical by examining norms in the legislation system, conducted by researching legal materials and legal documents.Keywords: Legal certainty, omnimbus law, health law, hospital accreditation
Existence of Protected Forest Function as Protection Area Nikmah Fitriah; Indriati Amarini
Jurnal Dinamika Hukum Vol 21, No 2 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.2.3435

Abstract

The enactment of Law No. 41 Year 1999 emphasizes the position of protected forests as protected areas that must be maintained to provide protection for the surrounding area. Law No. 41/1999 stipulates that open-pit mining activities are prohibited in protected forest areas. However, the effectiveness of Law No. 41/1999 is questioned by the issuance of Law No. 19/2004 which still accommodates open-pit mining in protected forest areas with the argument that the law should not apply retroactively. This article uses normative legal research methods, namely normatively examining various related regulations governing the function of protected forests. The results show that the birth of Law No. 19/2004 which allows several mining entrepreneurs to carry out open-pit mining activities in protected forest areas has resulted in protected forest areas being no different from production forest areas. This can threaten the function of protected forest areas as areas that provide protection for surrounding areas from various natural disaster hazards.Keywords: Existence, Function of Protected Forest, Forestry Law
The Authority of Local Governments in Establishing Public Burial Land in the Spatial Planning of Urban Areas Purwokerto Amardyasta Galih Pratama; Sri Wahyu Handayani; Sri Hartini; Siti Kunarti
Jurnal Dinamika Hukum Vol 21, No 2 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.2.3438

Abstract

The handover of the authority of the central government to the local government as a form of decentralization in the unitary state in the field of spatial planning, especially green open space in the form of burial land in the Banyumas Regency area, can be said to have not been effective in utilization and management like other forms of green open space. This is because it is not in accordance with the application of spatial planning as a form of green open space because there are discrepancies in its application to regional regulations that are not in line with higher regulations. This research uses a statutory and conceptual approach method with normative juridical research specifications. Using secondary data sources are then analyzed using deductive methods. Based on the results of the study, it can be concluded that there are deviations in legal norms in the content material for the management of burial land in Article 5 paragraph (3) of Banyumas Regency Regional Regulation Number 2 of 2014 concerning Burial Place Management which is contrary to Chapter II of the Provision of Green Open Space in Urban Areas in Green Open Spaces certain functions in Cemeteries listed in the Regulation of the Minister of Public Works Number 5 of 2008 concerning Guidelines for Provision and  Utilization of Green Open Space in Urban Areas.Keywords: Decentralization, Green Open Space, Burial Land

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