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<![CDATA[General Principles of Good Governance in Administrative Court Decision Regarding Request for Review of Abuse of Authority ]]>
<![CDATA[Sudjati, Xaviera Qatrunnada Djana]]>;
<![CDATA[Cahyandari, Dewi]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 21, No 3 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2021.21.3.3070
<![CDATA[The administrative court is given the authority to review the request for review of abuse of authority according to the legislation and general principles of good governance as the two touchstones. This review may serve as a testing benchmark to discuss the issue of the request over the abuse of authority as requested by government officials, recalling that abuse of authority has several criteria to proscribe and regulate in the general principles of good governance. The research problems involved the criteria and the bases for determining the type of abuse of authority in the request over the abuse of authority. This research employed a normative method, statutory, and historical approaches. The research results concluded that the Decision 2/P/PW/2017/PTUN.JBI holds the relevance to the current legislation, public interest, and the absence of state losses, while the Decision 09/P/PW/2018/PTUN.Sby only refers to the current legislation in terms of its relevance. Although the general principles of good governance refer to the administrative court as the touchstone, this touchstone is not optimally used in the request for review of abuse of authority.Keywords: AUPB (general principles of good governance); Administrative Court; request for review of abuse of authority.]]>
<![CDATA[Determination of The Authority To Adjudicate Child Adoption For Muslims in Indonesia ]]>
<![CDATA[Bintoro, Rahadi Wasi]]>;
<![CDATA[Maryono, Antonius Sidik]]>;
<![CDATA[Sanyoto, Sanyoto]]>;
<![CDATA[Kupita, Weda]]>;
<![CDATA[Prasetyo, Muhammad Bagus Tri]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 21, No 3 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2021.21.3.3150
<![CDATA[This article seeks to raise legal issues regarding child adoption, because adoption of children in the customary law system and Islamic law in Indonesia brings different legal consequences in family law. The focus of this study is to discuss the implications of the adoption of children in district courts and religious courts and the determination of the competence of the court in the adoption of children. This study uses normative research with a conceptual approach and legislation with the main data in the form of laws and regulations and the law of adoption. Based on the analysis, The Religious Judiciary uses the concept and legal basis of Islamic Law, while the General Judiciary uses the concept and legal basis in the form of Customary Law. Customary Law, adopted children have the same position, including in bequeathing, with the biological child, while in Islamic law does not know the concept of adopted children, but nevertheless for the benefit of the Compilation of Islamic Law gives the opportunity to the community to perform the adoption of the child.Keywords: adoption, customary law, Islamic law ]]>
<![CDATA[Gender Equality in Politics (Study on The Indonesian Constitutional Court's Decisions on Judicial Review Related to Women's Political Participation) ]]>
<![CDATA[Riris Ardhanariswari]]>;
<![CDATA[Tenang Haryanto]]>;
<![CDATA[Supriyanto Supriyanto]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 21, No 3 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2021.21.3.2844
<![CDATA[Such conception of human rights is in line with international human rights law, in particular with adopting a comprehensive women's rights instrument, namely the Convention on the Elimination of All Forms Discrimination Against Women, hereinafter referred to as the CEDAW Convention, which was ratified by the State of Indonesia with Law No. 7 of 1984 on Ratification of the CEDAW Convention. Women, especially in Indonesia are still left behind both in public life and politics. This raises the issue of gender equality, which means a condition of "inequality" experienced by women. The current trend in society is that women tend to participate in the national level such as general elections or participation in the DPR or MPR. Currently, there is yet any law that comprehensively regulates the protection of women's rights. Indonesia still rely on legal instruments regarding gender equality with various conventions such as the CEDAW Convention, the ICESCR Convention, and the ICCPR Convention. Women face discrimination, not only in the domestic sector but also in the public sector. Therefore, it is important to learn and develop the multifunctional dynamic character of women. This development has appeared in various Constitutional Court's decisions on judicial review of laws.Keywords: genderequality;judicial reviews;general election]]>
<![CDATA[Legal Aspects of Medical Action Without Informed Consent in ER Jember Lung Hospital in 2020 ]]>
<![CDATA[Wahjuni, Edi Wahjuni]]>;
<![CDATA[Sari, Nuzulia Kumala]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 21, No 3 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2021.21.3.2671
<![CDATA[Before working on a medical action, the doctor must provide information and get approval from a competent patient or next of kin, in the form of informed consent documents. The formulations of these research problems are a) How is the implementation of informed consent for emergency patients at Jember Lung Hospital Emergency Room (ER)? and b) What are the legal aspects of working on a medical action without informed consent in handling the emergency patients? The research method that is used is juridically normative with the method of legal approach. The data sources are from primary and secondary legal sources, and interview results. The research site is at Emergency Room of Jember Lung Hospital. During January to March 2020 there were 956 emergency patients who received medical action at the Emergency Room of Jember Lung Hospital. Four of the 956 emergency patients were taken without informed consent.Keywords: emergency, informed consent and medical treatment]]>
<![CDATA[The Indonesia Government's Strategy in Arrest and Confiscation of Criminal Corruption (Corruptor) Assets Abroad ]]>
<![CDATA[Mohas, Muhyi Mohas]]>;
<![CDATA[Mega Jaya, Belardo Prasetya]]>;
<![CDATA[Fasyehhudin, Mohamad]]>;
<![CDATA[Mega Jaya, Arizon]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 21, No 3 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2021.21.3.2882
<![CDATA[Eradication efforts of corrupting in Indonesia have been carried out, but until now there are still many corruption cases that have not been resolved in various ways by the perpetrators or corruptors. Corruptors often drain the funds from the results of corrupting, even the corruptors then go or run abroad. This raises problems in the process of law enforcement and recovery of financial and economic losses in the country, namely the mechanism for returning assets resulting from criminal acts of corrupting abroad. Therefore, the objectives of this study are to (1) Explain how is Indonesia Government's strategy in arrest and confiscation of criminal corruption (corruptor) assets abroad. (2) Explain how is international treaties concerning the seizure of assets resulting from criminal acts of corrupting are abroad. The research method used in this research is qualitative with a juridical legal approach normative. The results showed that the cooperation between countries is the best strategy that can be done by the Indonesia government in overcoming problems of sovereignty. Some examples of these forms of international cooperation are extradition treaties (extradition), Mutual legal assistance in criminal matters (MLA). The mechanism for the return of assets in MLA consists of four stages of the asset return process (Article 46 Chapter IV, UNCAC).Keywords: international cooperation; eradication of corruption; confiscation of assets; extradition; mutual legal assistance in criminal matters.]]>
<![CDATA[A Juridical Study on The Role of Waste Bank in Domestic Waste Management in Banyumas Regency ]]>
<![CDATA[Kadar Pamuji]]>;
<![CDATA[Abdul Aziz Nasihuddin]]>;
<![CDATA[Sukirman Sukirman]]>;
<![CDATA[Krisnhoe Kartika Wahyoeningsih]]>;
<![CDATA[Siti Muflichah]]>;
<![CDATA[Noor Asyik]]>;
<![CDATA[Aditya Riza Darmawan]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 21, No 3 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2021.21.3.3126
<![CDATA[Community based waste management (PSBM) is a waste management approach based on community’s needs and demand and is planned, carried out (if possible), controlled and evaluated jointly by the community. An increase in population is always followed with increasing volume of waste, which requires change in the waste management especially from the old paradigm (collect – transport – dispose of) to the new paradigm of 3R concept (reduce, reuse, recycle). The 3R waste management pattern is implemented through waste bank empowerment by involving all elements of the community. Law Number 18 Year 2008 on Waste Management and Regulation of the Minister of Environment Number 13 Year 2021 on the Guidelines on Reduce, Reuse and Recycle Implementation through Waste Bank has opened the opportunity for public participation in waste management. All this times the Government of Banyumas Regency has applied waste management technical policies several times, but there is no express legal policy about the existence of Waste Bank. The Government of Banyumas Regency currently still prioritizes big scale waste management through a hangar system. The potential of Waste Bank as one waste conscious group and as an alternative whose role can be optimized especially in community-based waste reduction management has not got attention.Keywords: Role, Waste Bank, Domestic Waste.]]>
<![CDATA[Prevention of Cybercrime through the Development of Criminal Responsibility Principles for Internet Users ]]>
<![CDATA[Raharjo, Agus]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 21, No 3 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2021.21.3.3256
<![CDATA[There is no guarantee of security in cyberspace. Cybercrime is the use of computer technology for illegal activities. Cybercrime ignores territory, and can even become an automatic crime according to the nature of the machine. The crime prevention model, which has been more reactive and only suitable for the real world, is not an effective way to deal with cybercrime. This research is normative legal research, with the main data source in the form of secondary data. Hacking is an illegal activity that takes many victims and its handling is not complete. The difficulty that arises is the issue of jurisdiction because perpetrators and victims are often in different jurisdictions. Although legal instruments have adopted provisions on the principle of ubiquity, in practice it is not as easy as imagined. The Bangkok International Summit (2007) invites countries to promote cyber security by increasing and developing international global partnerships to prevent, detect, and cybercrime, but this has not been implemented properly. For this reason, it is necessary to develop the principle of criminal responsibility which can be an incentive in overcoming cybercrime.Keywords: cybercrime; hacking; ubiquity; criminal responsibility]]>
<![CDATA[Settlement of Double Certificate Cases in Bandung (Case Study of Judge’s Decision Number: 976k/Pdt/2015) ]]>
<![CDATA[Soediro, Soediro]]>;
<![CDATA[Faridli, Efi Miftah]]>;
<![CDATA[Dwiana, Dhea Anggit]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 21, No 3 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2021.21.3.3431
<![CDATA[One of the objectives of the Basic Agrarian Law (UUPA) is to provide legal certainty for all people and enable the functioning of earth, air, and space, as well as natural wealth that aspired. However, the Basic Agrarian Law (UUPA) has not provided legal certainty over land, one of which is a plot of land with more than one certificate with the same object. The factors causing the occurrence of multiple certificates are caused by the community and the government from the National Land Agency, which does not have a valid database as referred to by Supreme Court Decision Number 976 K/PDT/2015. The formulation of the problem in this research is how efforts to prevent the occurrence of multiple certificates (overlapping) and what are the obstacles in preventing their occurrence double certificate (overlapping). This research aims to determine and analyze the prevention efforts and constraints in preventing the occurrence of double certificates (overlapping). The problems in this study were studied using a normative juridical method using a statutory approach and a conceptual approach—data collection techniques using studies bibliography and assistance and defense of legal facts. According to the research findings, efforts to prevent the occurrence of double certificates (overlapping), specifically by optimizing administration land use and creating land registration maps, so that if there are indications of the occurrence of double certificates, they can be canceled as soon as possible, as well as obstacles in preventing double certificates (Overlapping), specifically the lack of understanding and enthusiasm from the community in applying for their land in Complete Systematic Land Registration (Pendaftaran Tanah Sistematis Lengkap, PTSL), are shown.Keywords: Double certificate; legal certainty; overlapping.]]>
<![CDATA[Urgency of Law Enforcement in the Field of Conservation of Living Natural Resources and Ecosystems ]]>
<![CDATA[Purnawati, Andi]]>;
<![CDATA[Irmawaty, Irmawaty]]>;
<![CDATA[Haling, Syamsul]]>;
<![CDATA[Ikbal, Moh]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 21, No 3 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2021.21.3.3510
<![CDATA[Environmental law as a branch of legal science today plays an important role. Why not, human life and survival naturally and naturally will be largely determined by the upholding of laws in the field of the environment. One of the impacts of human selfishness and greed for the environment is the depletion of living natural resources and their ecosystems without regard to environmental balance and ecological principles. The method used in this study is a normative research type using primary, secondary, and tertiary legal sources. The nature of explanatory research with a dogmatic and theoretical approach. Analysis of legal issues material uses deductive-inductive analysis techniques on legal issues that are the target of analysis through legal reasoning and argumentation. Researchers found that to support the implementation and enforcement of laws in the field of conservation of living natural resources and their ecosystems, cross-sectoral coordinative mechanisms in an integrated and stimulating manner are more activated. The frequency between related sectoral agencies is increased to reduce law violations in the field of conservation of living natural resources and their ecosystems.Keywords: Law Enforcement, Natural Resources, Conservation]]>
<![CDATA[Electronic Medical Records as Evidence of Therapeutic Transactions ]]>
<![CDATA[Putri, Prima Maharani]]>;
<![CDATA[Saefudin, Yusuf]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 21, No 3 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2021.21.3.3520
<![CDATA[The results of the medical examination are proof of the doctor-patient relationship, which is documented in a record containing an explanation of the patient's health condition based on the results of the examination that has been carried out. Although the recording process is an obligation, there are several cases where medical records are not filled in correctly and some are not even filled in by officers. Therefore, this research is designed to find out the urgency of electronic medical records as evidence of therapeutic transactions. The problems studied in this article are: First, the juridical consequences of health workers and hospitals in making and keeping RM or RME confidential; Second, the position and strength of RM or RME as evidence according to the law of evidence. The results show that health workers or hospitals are obliged to make Medical Records or Electronic Medical Records correctly and responsibly. Regulation of the Minister of Health Number 749a/MENKES/Per/XII/1989 concerning Medical Records is the basis for the obligation to procure Medical Records, therefore it must be adhered to for every health service.Keywords: Medical Records, Electronic Medical Records, Evidence]]>
