Articles
15 Documents
Search results for
, issue
"Vol 22, No 2 (2022)"
:
15 Documents
clear
<![CDATA[Expectations and Reality of International Dispute Resolution ]]>
<![CDATA[Islami, Muhammad Nur]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.jdh.2022.22.2.3222
<![CDATA[If we look at the provisions contained in the United Nations (especially in its preamble), it will appear that the purpose of the establishment of the United Nations is international peace and security because the United Nations was indeed formed with the background of World War I and II. In contrast, if we pay attention to the provisions of the International Humanitarian Law, the war cannot be prevented. Instead, efforts are made to humanize war. Based on the research, it turns out that the United Nations is not a neutral organization. The United Nations is a political organization run by superpowers, especially The Big Five (United States, Soviet Union, England, France and China). These five countries have veto rights and other advantages so that in international dispute resolution, it often affects the final decisions. Some decisions from ad Hoc Courts, for example, are influenced by these big countries, such as the case of Saddam Hussein. Likewise, the US policy towards cases between Israel and Palestine and terrorism is also evident. Accordingly, this normative research with a case study approach was conducted by taking samples from popular cases in international political issues. The combination of analysis from international provisions with the facts should push the analysis to be more objective.Keywords: International dispute resolution, United Nations]]>
<![CDATA[Settlement of Gross Human Rights Violations in the Perspective of Local Wisdom in Indonesia (Case Study of Tanjung Priok) ]]>
<![CDATA[Hendro Dewanto]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.jdh.2022.22.2.3239
<![CDATA[This article aims to explain the obstacles in handling cases of gross human rights violations in Indonesia and the concept of resolving cases of serious human rights violations in the perspective of local wisdom. This article does not only lead to normative law that is more directed to research on the legal principles but also considers empirical facts as a reality in the settlement of gross human rights violations. Using the Case study of Tanjung Priok, the author focuses on the challenges to the settlement of gross human rights violations in the perspective of local wisdom. The results showed that the settlement of gross human rights violations through the legal process has encountered many challenges and deadlock, along with trauma to victims that result in a severe and long-lasting effect. Second, the settlement of gross human rights violations in the Tanjung Priok case can be carried out by the state, by apologizing to the victim as well as providing reparations, rehabilitation, and compensation as a state responsibility. For the recommendations, the author suggests the need for more detailed arrangements of solutions for victims whose case already has permanent legal force, such as in the Tanjung Priok case, and accommodating the values of local wisdom to improve the norms contained in the Law on Human Rights Court, especially those relating to the process of settling gross human rights violations through non-judicial channels.Keywords: Settlement of Gross Human Rights Violations; Tanjung Priok case; local wisdom]]>
<![CDATA[Considering Gowok Cultural Traditions as Prostitution is a Logical Fallacy ]]>
<![CDATA[Achmad Fadilah]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.jdh.2022.22.2.3238
<![CDATA[Gowok is a cultural tradition that ever existed in Banyumas. This tradition aims to provide understanding, education, and training for a boy who is about to become a teenager or is about to enter the stage of marriage, by a woman who will act as his partner, so that when the boy gets married he can provide physical and spiritual support for his wife. The lack of information about the Gowok cultural tradition makes the construction of the social reality of the community towards the tradition to be bad and negative. Some even think that the Gowok cultural tradition is hidden prostitution. This assumption needs to be straightened out again because it is not entirely true. There are several significant differences between the Gowok cultural tradition and prostitution. This study uses historical research methods with qualitative analysis which is based on literary literacy research and Sin Po newspaper documents in 1941. This study shows that the Gowok cultural tradition experiences misperceptions that continue to mean decadence and ultimately lead to a logical fallacy.Keyword: Gowok, Ronggeng Dukuh Paruk, local wisdom, prostitution, logical fallacy]]>
<![CDATA[Juridical Overview of the Mechanism for the Forest Area Release and Investment Facilities for Infrastructure Development in Nusantara Capital City ]]>
<![CDATA[Haira, Haibati]]>;
<![CDATA[Faradz, Haedah]]>;
<![CDATA[Sanyoto, Sanyoto]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.jdh.2022.22.2.3191
<![CDATA[The relocation of the central government and the state capital to Nusantara Capital City is accompanied by infrastructure development in East Kalimantan, known as the world’s lungs because of its vast forest reserves, which have been designed as a national strategic priority project. This study examined and answered problems related to the identification of the use of forest areas for infrastructure development in Nusantara Capital and its forest realizing mechanism and the investment facility provided by the Indonesian government to boost the investment climate in Nusantara Capital. The research method used is a normative juridical approach. The main findings are the release mechanism for the convertible production forest carried out by Nusantara Capital City Authority for infrastructure development in Nusantara Capital City and the investment facility for its infrastructure development, including but not limited to granting fiscal and non-fiscal incentives.Keywords: forest area release; convertible production forest; state capital; infrastructure development; investment. ]]>
<![CDATA[Insurance Policy Closure As The Implication of The Utmost Good Faith Principle in Life Insurance Claim Filing ]]>
<![CDATA[Sianipar, Jessica Petra N]]>;
<![CDATA[Cahyono, Akhmad Budi]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.jdh.2022.22.2.3206
<![CDATA[The risk transfer mechanism from the insured to the insurer in insurance happens when both parties have fulfilled what has been agreed in insurance agreement along with obligatory insurance principle like the utmost good faith principle and the regulation regarding the insurance procedure. In the South Jakarta District Court Decision number: 16/Pdt.G/2016/PN.Jkt.Sel, Panel of Judges excluded what has been agreed by both parties on the basis of fulfillment of utmost good faith principle by the plaintiff. The excluded matter was regarding the written notification obligation that has been agreed by both parties, but the plaintiff did not notify it in writing but orally instead. Law No. 40 of 2014 does not clearly regulate claim notification, thus causing difficulty in determining whether certain notification is the application of the utmost good faith principle or not. Some foreign legislations regulate that matter, so they can become a reference for Indonesian regulators in perfecting the existing regulation.Keywords: insurance; the principle of utmost good faith; insurance policy closure; insurance claim; life insurance]]>
<![CDATA[House of Restorative Justice as a Forum of Actualizing the Nation’s Culture in Solving Criminal Cases ]]>
<![CDATA[Kuntadi, Kuntadi]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.jdh.2022.22.2.3242
<![CDATA[House of Restorative Justice is a follow-up to the existence of the Prosecutor’s Regulation of the Republic of Indonesia Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice. The establishment of this house aims to be a forum for meeting victims, perpetrators in resolving criminal cases that also involve traditional, community and religious leaders in exploring the values of local wisdom to perfect the application of positive law in the implementation of the termination of prosecution based on the Prosecutor’s Ragulation Number 15 of 2020. This research is a legal socio research that has the nature of descriptive and analytical research. The urgency of the establishment of the House of RJ is to explore the values of local wisdom contained in the community Restorative justice is in line with the legal values that live in Indonesian society (living law). The implementation of local wisdom values in resolving cases at the House of RJ. Currently, it is still only based on the settlement method, namely by using deliberation for consensus, but in this study, the prosecution in Toba Samosir and Kajang has accommodated local customary values and laws. Hence, in this case, the law and values of local wisdom can be used as a complement in the implementation of positive law enforcement.Keywords: House of Restorative Justice; Restorative Justice; criminal law; local wisdom; law enforcement.]]>
<![CDATA[Violence Culture by State and Peoples in Solving Indonesian Humanities Issues ]]>
<![CDATA[Raharjo, Agus]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.jdh.2022.22.2.2991
<![CDATA[Violence become familiar to the Indonesian people, like a culture in solving every humanities and community issues. The state and community are become violence producer together. Even more reproducted for time by time, so that it sounds like Indonesia is violent country. This research is qualitative research with historical approach, case study, and empirical. Some cases that are usually become violence sources are agrarian conflict and ethnic conflict. In the historical view, the violence’s are friendly with our nation, both showed to the public or hidden conflict. Amoek, is our contribution through the science for explaining the condition where the violence as the manifestation from hidden character of Malayan that seems very friendly, polite, and full of smile. Violence at the local level can be solved through reconciliation between citizens or revitalization and re-actualization of local wisdom. However, against state violence against the people, what can be changed is the mindset of state administrators in managing conflict. This change will help a lot in reducing violence in Indonesia.Keywords: violence culture; amoek; local wisdom; structural violence; ]]>
<![CDATA[An Analysis of Constitutional Court Verdict Number 28/PUU-XI/2013 on Law Number 17 of 2012 About Cooperatives ]]>
<![CDATA[Marsitiningsih, Marsitiningsih]]>;
<![CDATA[Inayah, Wafa Nihayati]]>;
<![CDATA[Putra, Ade Muhammad Syamkirana]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.jdh.2022.22.2.3391
<![CDATA[Article 33 paragraph (1) of the 1945 Constitution and its Explanation which refers to the notion of a typical corporate structure because of the definition of cooperatives in Law Number 17 of 2012 concerning Cooperatives, it turns out that the philosophy is not in accordance with the nature of the economic structure as a joint venture and the kinship-based principle contained in Article 33 paragraph (1) of the 1945 Constitution. Similarly, this understanding has apparently been elaborated in other articles in Law Number 17 of 2012 concerning Cooperatives, thus making the rights and obligations of members by making the supervisory authority too extensively and a capital scheme that prioritizes material and financial capital that overrides social capital which is precisely the fundamental characteristic of cooperatives as a distinct entity of economic actors based on the 1945 Constitution. On the other hand, cooperatives are the same and no different from limited liability companies. This has made cooperatives lose their constitutional soul as an entity of typical economic actors for a nation with a mutual cooperation philosophy.Keywords: Cooperatives, Constitutional Court Verdict, Economy]]>
<![CDATA[The Effectiveness of Providing Legal Aid to the Poor in West Kalimantan Province During the Covid-19 Pandemic ]]>
<![CDATA[Yustika Irianita Fanty]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.jdh.2022.22.2.3204
<![CDATA[The implementation of policies issued by the Government to overcome the Covid-19 Pandemic has an impact on the provision of Legal Aid services by Legal Aid Providers to Legal Aid Recipients in West Kalimantan, the effectiveness of providing legal aid to the community. This research is juridical-normative. Sources of legal materials consist of primary data and secondary data which include primary and secondary legal materials. The technique of data collection is by collecting primary data through interviews with resources and data from the Legal Aid Administration System of the National Law Development Agency, secondary data collection through literature and document study methods. The results of the research that focus on the provision of legal aid by Legal Aid Providers in West Kalimantan are the policies taken by the Government in tackling the Covid-19 Pandemic, whether in the form of limiting community crowds or hearings and online visits for correctional inmates, which have quite an impact on the provision of legal aid. However, it does not reduce the effectiveness of the implementation of the provision of legal aid to fulfill the right to access to law and justice for the community, especially the poor in West Kalimantan during the Covid-19 Pandemic.Keywords: legal aid recipient; obstacle in providing legal aid; providing legal aid]]>
<![CDATA[Quadruple in Development Sharia Economics in Indonesia ]]>
<![CDATA[Sulvia Triana Hapsari]]>;
<![CDATA[Abdul Madjid]]>;
<![CDATA[Nurini Aprilianda]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20884/1.jdh.2022.22.2.3257
<![CDATA[Quadruple helix is a quality of legal audit system in various aspects that provides effectiveness and efficiency in the application of law in society. Business (tijarah) is one of the main components in the Islamic economics. Therefore, Islam recommends its adherents to engage in this field professionally (itqan), so that they can benefit themselves, their families and Muslims in general. The formulation of the problem is what is the role of the quadruple helix in Islamic economics in Indonesia? The research method used is normative juridical. This type of legal research is carried out by examining secondary data in the field of law as library data using deductive thinking methods. The approach used in addressing the problem is to use the statutory approach (statue approach). The conclusion is that with the quadruple helix the application of regulations related to Islamic economics can achieve legal goals in Indonesia.Keywords: sharia economics; quality of legal audit; effectiveness and efficiency.]]>
