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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
 1   2 
Search results for , issue "Vol 22, No 3 (2022)" : 15 Documents clear
Settlement of Disputed Inheritance Sale and Purchase Cases without going through PPAT in Klinting Village, Somagede District, Banyumas Regency Soediro, Soediro; Kinanti, Wahyu Puspita; Muhammad, Mahdi
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3319

Abstract

Buying and selling land has become a natural thing in Indonesia. The need for land is increasing daily along with the increase in the human population. In buying and selling land, one must pay attention to the ownership of the land, one of which is inheritance land. This study aims to determine the juridical review and legal consequences of the sale and purchase of disputed inheritance land without going through the Land Deed Maker Official (PPAT). The method used in this research is normative juridical employing library research and analyzing the applicable laws and regulations related to the legal issues under study. Before the sale and purchase transaction, the land was divided among each heir under the deed of distribution of inheritance must be ensured. Then to ensure legal certainty, the sale and purchase of the inherited land must be carried out before the PPAT. Buyers must also be careful in buying and selling inherited land by checking the juridical truth of the land data and checking directly to find out the history of land ownership from the party closest to the land's location.Keywords: Buy and Sell; Inherited Land; Land Deed Maker Official.
Filing a Lawsuit for Damages in Enforcing the Civil Aspects of Business Competition Sanusi Sanusi; Bha’iq Roza Rakhmatullah
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3428

Abstract

In the life of society, the law has a main objective, which is to regulate the life of society and the state in all its activities. Various community activities include social, political, and cultural activities. It is hoped that the activities carried out by the community, especially in trade, will not exceed the limits of the provisions implied in Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The purpose of this study is to analyze the business competition system in Indonesia against a business actor who is disadvantaged as a result of unfair business competition practices, whether he can file a claim for rights or a lawsuit in the form of payment of compensation through civil law enforcement procedures without first reporting in writing the occurrence of the practice to Commission for the Supervision of Business Competition (KPPU). This type of research uses library materials as secondary data and laws and regulations as a system of norms that must be obeyed and by usingan approach philosophical. Business actors who have been harmed based on Article 1365 of the Civil Code as the basis for the right to tort or Article 1239 of the Civil Code as the basis for the right to default can file a lawsuit directly to the District Court without first reporting in writing to the Business Competition Supervisory Commission (KPPU). KPPU as an institution responsible for implementing business competition law enforcement is a complementary state institution (state auxiliary organ) regardless of government influence. In practice, KPPU is an institutionas if judicial because the KPPU has the same authority as the judiciary, one of which is the authority to issue decisions and decisions.Keywords: Lawsuits, Compensation, Unfair Business Competition 
Legal Politics of The Formation of Regional Regulations Based on Positive Law Juanda, Juanda; Juanda, Ogiandafiz
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3112

Abstract

The title of this research is the legal politics of the formation of regional regulations based on positive law. The formulation of problem is how the legal politics of the formation of regional regulations based on positive law in Indonesia? The methods of the research: 1. The type of research is normative. 2. The approach used is a legal approach and is complemented by a political approach. 3. The legal materials used are primary and secondary legal materials. 4. The method of analysis is a qualitative juridical analysis. The results of the research indicate that the legal politics of the formation of regional regulations is part or a sub-system of the legal politics of the formation of national legislation (national law). The legal politics of the formation of regional regulations is not only bound and guided by the basis of state philosophy, theory, Unitary form of state, principles, content material, statutory regulations, but can also contain material on the implementation of regional autonomy, co-administration tasks, further elaboration, provisions of higher laws and regulations. Furthermore, it may also contain local content material in accordance with the provisions of laws and regulations. In addition, the legal politics of the formation of regional regulations seeks to strengthen the unitary state and actualize regional regulations that are aspirational, responsive, accountable, efficient, effective and functional.Keywords: legal politics, formation, regional regulations
Collaborative Governance in Tackling Prostitution in Pemalang Regency Tobirin Tobirin; Abdul Aziz Nasihuddin; Kadar Pamuji
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3302

Abstract

This article is driven by the complexity of handling prostitution, from economic issues, conflicts of interest, poor communication coordination, to the absence of collaboration between stakeholders. This study aimed to analyze the implementation and obstacles of collaborative governance in dealing with prostitution in Pemalang Regency. A social-juridical research methodology through the  combination of doctrinal-normative legal research and social as well as social science approaches was selected for this study, while data collection were obtained through focus group discussions and secondary data. The study results showed that the implementation of collaborative governance in handling prostitution in Pemalang Regency has not been optimal, with ineffective communication identified between stakeholders. In addition, the barriers to the collaborative process include conflicts of interest in the handling of prostitution issues that give rise to differing perceptions among the health service providers, security forces, and religious leaders; ineffective institutional design; and the reliance to the deparment in charge of handling public order. The lack of shared commitment to address prostitution issue in a planned and measurable manner in adherence to local regulations remains a challenge to be resolved.Keywords: barriers, collaborative, handling, prostitution.
Pancasila: Looking For the Ideal Format of State Philosophy Embodiment Indah Cahyani; Gatoet Poernomo; Helmy Boemiya
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3108

Abstract

Looking for the ideal format of the philosophy of Pancasila embodiment is a scientific article aimed at solving legal problems related to the position of Pancasila in legal construction in Indonesia. It happens because of the unconsistency in the Indonesian legal system. The purpose of this study is to find the most appropriate embodiment of the Pancasila philosophy in the Indonesian legal system. It is an effort in order that the Indonesian legal system has “tools” to ensure or “force” the consistency within Indonesian legal system itself. This study uses a conceptual approach and a legal history approach. The researcher finds that the use of Pancasila philosophy in the construction of the Indonesian legal system is inconsistent. The results of the study conclude that Pancasila needs to be embodied, in order that the law in Indonesia can be more consistent with the goals of the philosophy of the state. The results of this paper recommend that Pancasila, as a philosophy, is the domain of the institution holding the people's sovereignty; that is the House of Representatives and is not an executive domain with the HIP Bill or with the executive-made BPIP institution.Keywords: State Philosophy; Pancasila; Embodiment.
The Effectiveness of the Revitalization of Correctional Services in the Development of Terrorist Prisoners Setya Wahyudi; Angkasa Angkasa; Dwi Hapsari Retnaningrum; Eriene Chindi Octaviandini
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3355

Abstract

Terrorist prisoners are characterized by the nature of radicalism that can endanger the existence of the Indonesian state. For this reason, while serving their prison sentences they are treated to a coaching program aimed at deradicalization. Concerning optimizing the development of prisoners, there are provisions of the Regulation of the Minister of Law and Human Rights Number 35 of 2018 concerning the Revitalization of Correctional Services. The revitalization of the implementation of the requirement is intended to improve the implementation of correctional duties and functions. This research is the first problem, how is the effectiveness of the revitalization of prisons in the development of terrorist prisoners, and the second is the factors that become obstacles in the effectiveness of the revitalization of coaching of terrorist prisoners. Research methods with a sociological juridical approach method, data in the form of primary data and secondary data taken from research locations at the Cipinang Jakarta Prison, Cirebon Prison, and Batu Malang Correctional Institution. Data analysis using qualitative analysis. The results of the study found that the revitalization of correctional services in the development of terrorist prisoners have not been effective because there has not been a complete creation of deradicalization. Obstacles to the effectiveness of the revitalization of coaching of terrorist prisoners are the legal structure factor and the legal cultural factor in terrorist prisoners. For ordinary prisoner coaches who are assigned the task of fostering terrorist prisoners (deradicalization), it is necessary to provide education and training on profiling and assessment of terrorist prisoners.Keywords:Deradicalization; Terrorist Prisoners; Revitalization 
Crowdfunding Practices and the Comparison to Fundraising and the Dispute Resolution Martedjo, Wagiman; Izzulhaq, Muhammad Luthfi Reza
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3246

Abstract

The practice of ‘crowdfunding’ and ‘fundraising’ by the community sometimes leads to abuse. Judging from the parties, namely the ‘Fundraising Platform’ and ‘Promotion’ and’ Donors’. This article answers three things: first, what if the donor wants to know the use/distribution of the funds? second, what if there is a dispute and its resolution? and third, what actions Donors can take to obtain information from the Promotion? The normative juridical method is used with two flatform models to be compared and analyzed. Using the comparative method in several countries, the transparency and accountability of the information provided is also recorded. Finally, an investigation is carried out if there is a dispute between the Donor and the Beneficiary/Collector, and how the dispute is resolved. Conclusion: First, the implementation of crowdfunding varies, some are specifically regulated but in general they are regulated in a scattered manner. The latter applies in Indonesia. Second, the right of the donor to know information regarding the transparency of its distribution as long as it does not involve confidential information. Donors can request information not from online crowdfunding/online fundraising but from the Campaigner. Third, dispute resolution between the Donor and the Campaigner can be carried out in the realm of information disputes with two stages of dispute resolution, namely: the litigation stage through Mediation and Adjudication and the litigation stage, through the District Court or State Administrative Court.Keywords: Crowdfunding; Fundraising; Dispute; Non-Litigation; Litigation
The Principle of the State's Right to Control Land on the Establishment of a Land Bank in Indonesia's Perspective of Agrarian Reform Suyanto Suyanto; Umi Khulsum
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3294

Abstract

The establishment of a land bank related to problems in land acquisition today has resulted in a shift in the view of land as a commodity that is considered strategic. This triggered land liberalization, which resulted in land prices soaring due to the games of land speculators so that land compensation issues constrained the projects planned by the government in building infrastructure. The problem is the influence of the principle of the right to control the state in the formation of a land bank and how is the position of the land bank in the perspective of agrarian reform. The research method used is normative juridical in the form of legal behaviour by reviewing statutory regulations. Land rights are derived from the state's right to control, which can be given to the community individually or in the form of a legal entity or jointly. State rights in the land sector are rights granted to the state to regulate and organize the allocation, use, supply, and maintenance in the land sector; regulate the land bank whether it is by what the government intended or return to the old guidelines, namely domein verklaring. Therefore, as the legislator and implementer, the government is expected to revise the Basic Agrarian Law. The revision prevents the right to control land, which is feared to happen again, like in the Dutch colonial era. The Basic Agrarian Law is considered too outdated and does not follow current land problems. Keywords: The right to control the state; land bank; domein verklaring; land acquisition
Optimizing the Fulfillment of Women's Representative Rights at the Village Consultative Body (BPD) in Banyumas Regency as an Effort to Increase Women's Participation in Village Development (Gender Perspective) Rahmah, Alef Musyahadah; Alawiya, Nayla
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.2967

Abstract

Women's participation in village development is still low and many are dominated by men. In fact, the support of women in Village development is the determining achievement of development done in the village. One of the women's support in village development through the representation of women in BPD membership, because BPD has a strategic role as an institution that directly faced with the community to better understand the needs of society. Departing from the fact, this article focuses on optimizing the fulfillment of women's representation in the membership of BPD, especially in Banyumas district. This research is a qualitative study with a juridical approach empirical. The field of regulation needs to be formed by Banyumas Perda of BPD which refers to Regulation of Internal Affairs Ministry number 110 year 2016 to give guarantee to women through quota 1 (one) woman in the replenishment of BPD membership. People also need to improve their legal awareness and community paradigm change about gender roles and gender relations.Keywords: BPD; optimization;  village development; women's representation
Forced Marriage in the Bride-Napping Case in Sumba-East Nusa Tenggara Linked with Positive Law in Indonesia Panjaitan, Junifer Dame; Safa’at, Rachmad; Endrawati, Lucky; Sulistio, Faizin
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3220

Abstract

This study was aimed at revealing the customary and legal issues that were applied in the practice of bride-napping in Sumba, East Nusa Tenggara (NTT). The practice of bride-napping does not give women the freedom to choose their life partner and is a violation of the law that could be punished according to article 328 of the Criminal Code (KUHP). This was field research where the researcher conducted direct interviews with the informants and elaborated the data with the related literature. The method used was normative legal research with a literature study approach. The focus of this study was on the ambiguity of the implementation of laws and regulations on the practice of bride-napping. Indonesia has issued Law of the Republic of Indonesia (UU RI) No.1 of 1974 concerning Marriage which regulates the rights and obligations of each person in marriage. Finally, the result of this study was the practice of bride-napping has deviated from its origins resulting in the violations of human rights.Keywords: forced marriage; bride-napping; Marriage Law

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