cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Yusuf Saefudin
Contact Email
yusufalasha@gmail.com
Phone
-
Journal Mail Official
agus.raharjo007@gmail.com
Editorial Address
-
Location
Kab. banyumas,
Jawa tengah
INDONESIA
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 10 Documents
 1 
Search results for , issue "Vol 23, No 3 (2023)" : 10 Documents clear
Granting Priority Rights and Compensation to Owners of Destroyed Land Tri Cahya Indra Permana; Sri Wahyu Handayani; Kamilah Wati bt Mohd
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3505

Abstract

Soil possesses unique properties. This is due to the fact that, on one hand, land is a non-biological resource, implying that it cannot naturally regenerate in abundance. This research aims to analyze the significance of granting priority right and compensation to owners of destroyed land. This research adopts normative legal research approach. The result of this research reveals that the Regulation of the Minister of ATR/Head of BPN Number 17 of 2021 was issued to regulate the procedure for determining the destruction of land. Nevertheless, the Supreme Court opines that Article 15 paragraph (1) of the regulation fails to uphold a sense of justice and is contrary to higher laws and regulations.Keywords: Granting Priority Rights, Compensation, Owner of Destroyed Land.
The Concept of Corporate Criminal Liability in the Fisheries Sector After the Job Creation Law Application Hudi, Nurul; Muhadar, Muhadar; Yudianto, Otto
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3557

Abstract

Various kinds of criminal acts in the field of fisheries have emerged, consisting of individuals and or corporations. The existence of a corporation is an obstacle in determining criminal responsibility. The purpose of this research is to analyze the concept of corporate criminal liability in the fisheries sector. The research method used is normative juridical with statutory and conceptual approaches. The results of the study found differences in the concept of corporate criminal responsibility after the Application of the Job Creation Law where previously criminal acts of fishing could be carried out by corporations, and criminal responsibility was carried out by administrators. After the enactment of the Job Creation Law, the concept of corporate criminal responsibility for fisheries follows the development of the third stage of corporate criminal responsibility, in which the corporation commits a crime against the responsible corporation.
The Characteristics of Song Copyright in Bank Debt Guarantees Elyana Novira; Prima Resi Putri; Briggs Samuel Mawunyo Nutakor
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3701

Abstract

By focusing on the Indonesian context and based on Law Number 28 of 2014 concerning Copyright, this study analyzes the characteristics of copyright to songs as assets that can be pledged as collateral, as well as the impacts and implications of copyright utilization in the financial sector and creative industries. The results of the research show that copyright has the potential to be used as collateral in debt transactions at banks. Factors such as the economic value of the work, exclusive control, legal protection, and regular income allow copyright to be used as collateral. Copyright law regulates the process of guaranteeing, utilizing, and executing copyright as security. The use of copyright as collateral has a positive impact on the financial sector and the creative industry. Diversification of bank portfolios, easier access to finance for creative industry players, as well as increased innovation and creativity are the identified impacts. However, there are also challenges, such as complex copyright value assessments and potential conflicts of interest between rights owners and financial institutions.
The Problems Related to Potential Trademark Rights Infringement: Construction in Inclusive Legal Perspective on Unregistered Marks Widiatmika, Rai; Gorda, A.A.A. Ngr. Sri Rahayu; Kurniawan, I Gede Agus; Huzaif, Syed Muhammad
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3724

Abstract

In the current era of globalization and modernization, trademarks play a crucial role in distinguishing products or services in the market. Valid and protected trademark rights are valuable assets for their owners. However, the phenomenon of unregistered trademarks often poses a challenge in trademark protection. This research aims to analyze the legal construction of unregistered trademarks and the conflicts that arise from the perspective of inclusive law. The focus of this research is on the analysis of legal aspects, rights of trademark owners, consumer rights, public policies, and socio-economic aspects. The research method used is normative legal research with a dogmatic legal approach. Data sources include laws, regulations, court decisions, and legal literature related to trademarks. Data analysis techniques use a deductive approach with the application of relevant theoretical frameworks. The results of the research indicate that the inclusive legal construction in the Trademark Law provides broader protection for unregistered trademarks. Owners of unregistered trademarks can obtain protection if consistent use of the trademark in trade can be demonstrated. The inclusive approach in trademark supervision also encompasses unregistered trademarks that have potential rights to protection. Conflicts between protection of unregistered trademarks, consumer rights, and indigenous communities can be resolved through consultation and participation of relevant parties. Specific regulations that acknowledge the traditional knowledge of indigenous communities and the responsibilities of producers can also help resolve these conflicts. Mediation and arbitration mechanisms can also be used as alternative dispute resolution methods.
Land Bank Agency and Participation of Indigenous Peoples: Where is the Legal Certainty? Damanik, Pandapotan; Wibowo, Dwi Edi; Agus, Dede; Dubey, Anita Chaturvedi
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3743

Abstract

This study aims to analyze the problem of legal uncertainty for MHA related to the establishment of a Land Bank as mandated by the Job Creation Perppu. This research is a normative legal research with a conceptual and statutory approach. The results of the study concluded that the obligation to involve the Customary Law Community in land use through the Land Bank agency is said to be urgent, especially in an effort to maintain the mandate of the 1945 Constitution of the Republic of Indonesia and the UUPA to provide guarantees for recognition, protection as well as empowerment of the Indigenous Peoples. Efforts to realize legal certainty for Indigenous Peoples (MHA) in land use through the Land Bank agency with reference to grammatical, authentic, and teleological (sociological) interpretations, it is necessary to expand the meaning of the word "community" in Article 8 paragraph (2) PP Agency Land Bank which does not only cover society in general (individuals as legal subjects) but includes the Customary Law Community.
Seeking Substantive Justice: The Progressive Spirit of Law on Sexual Violence Crimes Nurhayati Nurhayati; Ana Fauzia; Fathul Hamdani; Nurhayati binti Abdul Ghani
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3749

Abstract

Sexual violence is a massive phenomenon that occurs in society. Sexual violence occurs in various places in Indonesia, including educational institutions. Massive sexual violence made the government and the House of Representatives (Dewan Perwakilan Rakyat or DPR) pass the Law on Sexual Violence Crimes (Indonesian: Undang-Undang Tindak Pidana Kekerasan Seksual, abbreviated as TPKS Law). The TPKS Law is oriented as an effort to prevent and overcome criminal acts of sexual harassment. This study aims to analyze the progressive orientation of the TPKS Law, including how the TPKS Law can provide and present substantive justice in society. This research is normative legal research that seeks to discuss and analyze legal products in the form of laws. The approach in this research is a conceptual approach and a statutory approach. The results of the study confirm that the TPKS Law is a law with a responsive character in the form of a progressive orientation related to preventive approaches to prevent sexual violence and the need for policies and mechanisms in each institution to prevent as well as crack down on sexual violence, the need for regular socialization and understanding of sexual violence in each institution, community, transparent, consistent, and conscientious enforcement of criminal law related to sexual violence, and the need for other mechanisms related to efforts to ensure healing and fulfillment of rights for victims of sexual violence.
The Restorative Justice Orientation Regarding Sexual Violence Occurring in Religious-Based Educational Environments in Indonesia Henny Saida Flora; Sahata Manalu; Nar Yan Thapa
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3715

Abstract

Restorative Justice is a concept that focuses on victim recovery and is relevant to be applied in various regulations, one of which is the regulation for religious-based education in Indonesia. This study aims to answer two legal issues, namely the orientation of the application of the concept of Restorative Justice and the ideal formulation of the application of the concept of Restorative Justice to overcome acts of sexual violence in religious-based education environments. This research is a normative legal research with a concept and statutory approach. The results of the study show that the orientation of the concept of Restorative Justice in an effort to overcome acts of sexual violence in religious-based education environments already exists, such as the orientation to provide optimal recovery for victims. Even so, the concept orientation can still be considered partial or imperfect. Therefore, in order to perfect the arrangements regarding the concept of Restorative Justice, it is necessary to formulate an ideal by prioritizing two orientations, namely orientation to explicitly regulate the concept of Restorative Justice in laws and regulations as well as arrangements regarding the involvement of various sectors which include the surrounding community, foundation leaders, student guardians, to the School Committee to minimize sexual violence in religious-based education environments in Indonesia.Keywords: Religious Based Education; Restorative Justice; Sexual Violence.
The Review of the Maslahah Mursalah Related to Early Marriage: Implementation and Orientation Suleman, Frangky; Arifuddin, Qadriani; Saifudin, Saifudin; Khasanah, Fitrohtul; Karimullah, Suud Sarim
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3783

Abstract

Child marriage is a controversial issue in many countries, including Indonesia, due to its negative impact on girls. Indonesian law regulates the minimum age for marriage, but there are still gaps in its implementation. This issue also relates to social, economic, and health impacts, such as reproductive health risks and limited access to education. This research aims to review the implementation of child marriage policies, policy orientations, and their impact on the understanding and implementation of maslahah mursalah values. This study uses normative legal research methods to examine the issue of child marriage based on the normative aspects present in applicable legislation. The results of the research indicate that the implementation of child marriage policies based on maslahah mursalah in Indonesia should be holistic, considering social, cultural, religious, and legal aspects. This policy should prioritize the common welfare and protection of children's rights, with an emphasis on education, legal protection, reproductive health, and reducing social stigma. The importance of collaboration between the government, NGOs, religious leaders, and the community in designing and implementing this policy is emphasized. Regular evaluations need to be conducted to ensure the effectiveness of the policy in achieving the goals of child protection and public welfare. Additionally, consideration should be given to the cultural and religious diversity in Indonesia while adhering to international commitments supporting the prohibition of child marriage.
Cancellation of Article 55 of The Public Accountant Law by The Constitutional Court Decision Fikri, Herman
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3746

Abstract

The Public Accountant profession could be punished without a Constitutional Court Decision. Because it can be punished, the Public Accountant Professional Association filed a lawsuit with the Constitutional Court with rational reasons that form the basis of the petition. The research conducted is normative legal research. The results of the study state that Public Accountants are in a subordinate and minor position due to the lack of protection for the exercise of their profession, given the high legal threat. Even if it is true that the intent of the formulation of Article 55 Letter a of the Public Accountants Law is to protect the public interest from the possibility of falsification or fraud perpetrated by an Accountant, the public's interests have been adequately protected by the provisions of the Criminal Code (delict of counterfeiting or fraud), so, therefore, the provisions of Article 55 letter a The law is an exaggerated and even fantastic provision. Thus, Article 55 letter a of the law creates uncertainty in the law and contradicts the principle of lex certa, which is the basic principle in criminal law of the inclusion of criminal sanctions as determined by Articles 55 and Article 56 of the law in the perspective of humanistic criminal law is imprecise and irrational. So, it is essential to regulate the accounting profession, which should be the basic idea of strengthening the profession, which is used as a standard or orientation point of view, reduced by the criminalization in Article 55 letter b, which creates fear in the world of accountants.
The Criminal Law Policy on the General Election System in Indonesia Lubis, Mhd Teguh Syuhada; Saragih, Rayani; Hanifah, Ida; Koto, Ismail; Jacob, John Tumba
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3782

Abstract

General elections are a crucial pillar of democracy in Indonesia, allowing citizen participation in selecting leaders and shaping policies. Strong criminal law policies are necessary to preserve the integrity of elections, despite challenges in consistent law enforcement and clear definitions of election violations. The aim of this research is to assess the implementation and effectiveness of criminal law policies in preventing and addressing election violations in Indonesia and to identify their impact on the election process. The research findings indicate that the implementation of criminal law policies in preventing and addressing election violations is crucial. This is achieved through stringent election regulations, strict enforcement of criminal sanctions, careful monitoring and investigation, and swift handling of violations. The effectiveness of criminal law policies is also evident in deterring violations, ensuring transparency in funding, and active citizen participation in monitoring. Criminal law policies have a significant impact on the election process. Positive impacts include efforts to prevent election crimes, protect voting rights, and address election law violations through strict regulations. Prevention of election crimes such as spreading false information and the use of violence is tightly regulated to maintain election integrity. Protecting voters' rights is a focal point, with prohibitions against bribery and intimidation practices. However, the negative impact lies in the potential misuse of criminal law for political purposes, which can undermine the principles of presumption of innocence and human rights.

Page 1 of 1 | Total Record : 10

 1 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol 24, No 3 (2024) Vol 24, No 2 (2024) Vol 24, No 1 (2024) Vol 23, No 3 (2023) Vol 23, No 2 (2023) Vol 23, No 1 (2023) Vol 22, No 3 (2022) Vol 22, No 2 (2022) Vol 22, No 1 (2022) Vol 21, No 3 (2021) Vol 21, No 2 (2021) Vol 21, No 1 (2021) Vol 20, No 2 (2020) Vol 20, No 1 (2020) Vol 19, No 3 (2019) Vol 19, No 2 (2019) Vol 19, No 1 (2019) Vol 18, No 3 (2018) Vol 18, No 2 (2018) Vol 18, No 1 (2018) Vol 17, No 3 (2017) Vol 17, No 2 (2017) Vol 17, No 1 (2017) Vol 16, No 3 (2016) Vol 16, No 2 (2016) Vol 16, No 1 (2016) Vol 15, No 3 (2015) Vol 15, No 2 (2015) Vol 15, No 1 (2015) Vol 14, No 3 (2014) Vol 14, No 3 (2014) Vol 14, No 2 (2014) Vol 14, No 1 (2014) Vol 13, No 3 (2013) Vol 13, No 2 (2013) Vol 13, No 1 (2013) Vol 12, No 3 (2012) Vol 12, No 2 (2012) Vol 12, No 1 (2012) Vol 11, No 3 (2011) Vol 11, No 2 (2011) Vol 11, No 1 (2011) Vol 11 (2011) Vol 10, No 3 (2010) Vol 10, No 2 (2010) Vol 10, No 1 (2010) Vol 9, No 3 (2009) Vol 9, No 2 (2009) Vol 9, No 1 (2009) Vol 8, No 3 (2008) Vol 8, No 2 (2008) Vol 8, No 1 (2008) More Issue