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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 15 Documents
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Search results for , issue "Vol 22, No 1 (2022)" : 15 Documents clear
Dialectics of the Urgency of Reforming The Law of State Administrative Justice as a Synthesis M Ikbar Andi Endang; Moh Fadli; Istislam Istislam; Dewi Cahyandari
Jurnal Dinamika Hukum Vol 22, No 1 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.1.3194

Abstract

Dialectically, previously the handling and settlement of state administrative disputes used Law Number 5 of 1986 concerning the Administrative Court Law which was twice revised with Law Number 9 of 2004 and Law Number 51 of 2009 as the legal instrument of the procedure ( thesis). However, currently, the procedural law used in resolving state administrative and government administrative disputes also uses the Supreme Court Regulation instrument. This is because the Administrative Court Law Law cannot accommodate the development of material administrative law requirements and administrative law enforcement provided by sectoral laws. Apart from that, in practice, there have been changes and shifts in most of the content of procedural law (material and formal) in the Administrative Court Law. This shift was influenced by the enactment of Law Number 30 of 2014 concerning Government Administration and sectoral laws which later became the basis for the formation of a Supreme Court Regulation. The two regulations later became guidelines for proceedings in the Administrative Court Law which had a paradoxical relationship. In one aspect, there is an interrelation between the law on Administrative Court Laws, the law on government administration, and the regulations of the Supreme Court, but in other aspects, it creates an antinomy of norms. Therefore, it is important in legal reform to encourage systematic thinking to synchronize and harmonize the material and formal content of the material and formal procedural laws that are unified as a synthesis.Keywords: dialectics, harmonization of law, shifting, state administration judicial procedural law
Pragmatic and Progressive Legal Practice: Ethnographic Case Study of Jatigede Reservoir Teddy Asmara
Jurnal Dinamika Hukum Vol 22, No 1 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.1.3079

Abstract

This study reveals the legal method in the process of land compensation in the Jatigede reservoir, and focuses on: the existence and application of pragmatic law by rural farming communities; and the government's use of progressive law. By using a combination of case study and micro-ethnographic methods, the answers are obtained, first, the pragmatic legal character is relatively in line with speculative cognition and defensive principles; its adaptive application is to resist the law silently, and the aggressive one is to violate the law openly. Second, the government understands the manipulation of compensation as a reflection of the accumulated injustice and economic difficulties of the citizens, therefore the government makes regulations that prioritize the restoration of people's welfare rather than fulfilling the requirements of legal logic.Keywords: people's welfare; speculative cognition; compensation manipulation; defensive principle; ethnographic-case study
The Ambiguity of Norms in Article 66 (C) of Law No. 30/1999 on Arbitration And Alternative Dispute Resolution: Causes, Implications And Resolutions Muhamad Dzadit Taqwa; Tazkia Nafs Azzahra; Maria Jasmine Putri Subiyanto
Jurnal Dinamika Hukum Vol 22, No 1 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.1.3146

Abstract

According to Article 66 Letter C of Law Number 30/1999, one of the requirements for an international arbitral award to be accepted and executed in Indonesia is that it does not violate public order.  There is an issue with the norms’ ambiguity; it concerns the definition and the application of the term "public order". As a result, international arbitration awards are more likely to be overturned based on quo conditions. This paper explores the causes and the implications of this ambiguous term. Following then, various potential resolutions to the problem were provided. but removing the article might not be a wise option. Although various publications have studied the recognition and execution of foreign arbitral awards, no comprehensive examination of Article 66 Letter C of Law Number 30/1999 could be identified.Keywords: international arbitral awards, norms’ ambiguity, public order, recognition.
Deregulation and Debureaucratization of Business Licensing Services Through The Online Single Submission (OSS) System in Local Governments Post Government Regulation Number 24 of 2018 Concerning Electronically Integrated Business Licensing Services Mohamad Fasyehhudin; Belardo Prasetya Mega Jaya; Yogi Muhammad Rahman
Jurnal Dinamika Hukum Vol 22, No 1 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.1.3129

Abstract

Through deregulation and debureaucratization of licensing services, businesses use the Online Single Submission (OSS) system at OSS institutions, ministry, institutions, and local government, to realize increased and accelerated investment and business. This study aims to find out, analyze and answer the aspects of deregulation and debureaucratization in the context of efficiency and effectiveness of electronically integrated business licensing services using OSS in Regional Government. Important aspects of deregulation that must be considered are requirements, rights and obligations, standard operating procedures, period of validity, service time, and costs. Then, the important aspects of debureaucratization must be considered that related to institutions/departments in ministries, institutions, and local governments paying attention to the ease of service processes, human resources or service personnel who have special competencies in their fields, including effective coordination between ministries, institutions, and government at the regional level, among adequate service infrastructure, including optimizing the OSS system with advanced information technology, communication media, and convenient service areas.Keywords: deregulation, debureaucratization, public services/licensing services
Challenges and the Overcoming Strategies in Implementation of Attorney General's Guidelines Number 18 of 2021 Achmad Aris Mugiandono; Enggar Dian Ruhuri; Mutiara Girindra Pratiwi
Jurnal Dinamika Hukum Vol 22, No 1 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.1.3236

Abstract

The application of non-prison sentences is very minimally carried out by Law Enforcement officers so that the number of prison/detention center residents exceeds capacity (overcrowding). The Prosecutor's Office of the Republic of Indonesia through the reorientation of law enforcement policies in the implementation of The Republic of Indonesia Law Number 35 of 2009 concerning Narcotics has issued Guideline Number 18 of 2021 concerning Settlement of Handling Criminal Cases of Narcotics Abuse through Rehabilitation with a Restorative Justice Approach as an Implementation of the Dominus Litis Principle of Prosecutors which is a reference for Public Prosecutors in handling Narcotics cases so that prioritizing Rehabilitation at the Prosecution Stage which is inseparable from restorative justice. The research uses normative research methods that use secondary data in the form of scientific journals, literature, and news websites about the problem, as well as analysis based on conditions that are likely to develop about this problem. Steps that can be taken to overcome challenges in implementing the Guidelines are the need to integrate the rules for resolving cases of narcotics crimes with a Restorative Justice approach between law enforcement officers, especially Police Investigators and the Prosecutor's Office, rules that are in line with the internal rules of each law enforcement agency.Keywords: prosecutor; narcotics; restorative justice; dominus litis, challenge.
The Effectiveness of Coaching Prisoners With The Therapeutic Community Method in The Cirebon Class IIA Narcotics Penitentiary Hamja Hamja; Lukman Nul Hakim; Murtiningsih Kartini
Jurnal Dinamika Hukum Vol 22, No 1 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.1.2672

Abstract

Drug abuse is a significant problem, various rehabilitation efforts are carried out at the Cirebon Class IIA Narcotics Penitentiary, one of which is by using therapeutic communities to provide expectations of drug abuse inmates. The problems studied in this research are related to the rehabilitation of prisoners and their implications with the therapeutic community method at the Cirebon Class IIA Penitentiary. This research is empirical research that uses survey methods, observations, interviews, and literature studies. The data obtained are collected and analyzed qualitatively by analytical descriptive methods. The results showed that the therapeutic community can be implemented optimally but is still faced with the first problem therapeutic community has not been focused on the fundamentals of the resident's addiction and the second problem is that the resident is still faced with having to fight his mind with the effects of the relapse he feels.Keywords: Coaching, Therapeutic community, Relapse.
Legal Enforcement Model in The Eradication of Trawls Capture As an Efforts To Meet SDG's 14: Blue Economy Case Study in Bengkulu Tri Andika; Deli Waryenti; Patricia Ekowati Suryaningsih
Jurnal Dinamika Hukum Vol 22, No 1 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.1.3175

Abstract

One of the goals of Sustainable Development is to protect and preserve the oceans, and the natural resources within them, which are known as the Blue Economy concept. Along the way, sustainable development in the management of fishery resources in Indonesia faces problems. This problem arose from the inconsistency of the trawling prohibition policy which ended in the prohibiting of fishing vessels to use trawls in the Indonesian Fishing Territory based on the Regulation of the Minister of Maritime Affairs and Fisheries Number 18/PERMEN-KP/2021 articel 7. In Bengkulu City, the implementation of the ministerial regulation has been carried out with the transfer of fishing gear, but fishermen who use trawls still use trawls. Based on the results of previous research, it was found that in Bengkulu City to date there are 100 boats using trawling fishing gear with the potential for conflict between fishermen getting wider.  The research method used in this study is an empirical juridical research method with the desired outcome is the right model in law enforcement against the use of trawls in Bengkulu City. The ideal model in regulating trawling fishing gear is policy consistency by prohibiting trawling in fishing areas that are harmful to their use both in marine ecosystems and economically, socially and culturally by fishermen in each region. Keywords: Models, Enforcement, Law, Trawls, SDGs 14.
Struggle of Legal Positivism Versus Progressive Thoughts in the Formal Tests of the Job Creation Act (Legal Development through Hermeneutics) Imam Asmarudin
Jurnal Dinamika Hukum Vol 22, No 1 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.1.3178

Abstract

Hermeneutics is a form of interpretation and interpretation of a text in legal philosophy, in practice it is also used in the considerations of constitutional judges to interpret and interpret a law, one of which is in the formal examination of the work copyright law which is the pros and cons because using the Omnibus Law method. This study aims to find out how the struggle between positivistic and progressive legal thinking and the reality of the art of hermeneutics as a means of legal development, the research method uses the legal research method through the statute approach, conceptual approach, and case approach, the data analysis is descriptive qualitative, the research results show The struggles of Legal Positivism and Progressive Thought in the decision actually met at one point, both of them acknowledged that Omnibus Law was a method of future legislation formation and interpretation through the art of Hermeneutics became a means of making a legal construction, which in the end could become a means of developing law forward.Keywords: hermeneutics; legal positivism; omnibus law; progressive
Law Enforcement in The Eradication of Narcotics Crimes Against Drug Addicts and Abusers Achmad Yuliandi Erria Putra; Mirawaty Nurhamidin; Dede Cairul
Jurnal Dinamika Hukum Vol 22, No 1 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.1.3244

Abstract

Law enforcement for narcotics addicts and abusers mostly applies prison sentences as in the Indonesian criminal justice system. It makes the prison to overcrowding. On the other hand, other law enforcement alternatives are deemed proven to be able to eradicate narcotics addicts and abusers and provide great benefits for all parties without applying penalties in the form of criminal sanctions. It is the application of a restorative justice approach in law enforcement for narcotics addicts and abusers. This research is focused on discussing the background of the problem: how to implement restorative justice in law enforcement for addicts and drug abusers. This study uses empirical normative research methods. The study's findings led law enforcement to adopt a restorative justice approach when dealing with narcotics addicts and abusers. It is accomplished by offering treatment in the form of medical or social rehabilitation. The spirit of restorative justice is essentially embodied in Article 54 of Narcotics Law Number 35 of 2009, which orders addicts and abusers to be treated medically or socially. However, it has not been implemented optimally and comprehensively. There is still a discrepancy in how law enforcement handles narcotics addicts and abusers. Restorative justice, including the provision of medical or social rehabilitation, should be implemented at all stages of law enforcement: investigation, prosecution, and even court appearances. However, until today, medical or social rehabilitation has only been provided by a judge's order following a court trial.Keywords: law enforcement; narcotics crime; restorative justice
The Implementation of Rehabilitation Assessment As Legal Protection For Narcotics Abusers in Indonesia Mikha Dewiyanti Putri; Prih Utami; Teddy Cipta Lesmana
Jurnal Dinamika Hukum Vol 22, No 1 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.1.3245

Abstract

Nowadays, illicit trafficking and narcotics abuse have been at a dangerous level and threatened various aspects of the life of the nation and state and have even penetrated most levels of society, from the upper classes to the lower classes. The government reacted by issuing Law No. 35 of 2009 on narcotics as an amendment to Law No. 22 of 1997 on narcotics. Based on Article 4 letter d of Law 35 of 2009 concerning state narcotics, the government also provides legal protection for victims of narcotics abuse and addicts through medical rehabilitation and social rehabilitation. From Article 4 letter d of Law 35 of 2009 on narcotics, the researchers analyzed the process of rehabilitation assessments for victims of narcotics abuse and addicts. The researchers also analyzed and discussed the extent to which the laws and regulations in Indonesia have provided legal protection for them. The authors used library research methods that were juridical-normative. The research aimed to: 1) explain the rehabilitation assessment process for victims of narcotics abuse, the meaning of rehabilitation assessment, and the legal basis for rehabilitation assessment in Indonesian regulations; 2) explain the implementation of rehabilitation assessment for victims of narcotics abuse, including rehabilitation assessment related to the cases that researchers discussed in this article. Thus, this research answered several legal issues regarding rehabilitation assessment that exists and occurs in both theoretical and legal practice.Keywords: victims of narcotics abuse, rehabilitation assessment, legal protection.

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