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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.
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Articles 10 Documents
 1 
Search results for , issue "Vol 24, No 1 (2024)" : 10 Documents clear
Strengthening Judicial Commission Authority in Indonesia Judicial Power Institutions, Link to Trias Politica Theory Yoyon Mulyana Darusman; Elmer Micu Soriano; Bhanu Prakash Nunna
Jurnal Dinamika Hukum Vol 24, No 1 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.1.3987

Abstract

The People’s Consultative Assembly amended the 1945 Constitution to improve various aspects related to Indonesia's downturn. One crucial demand is improvement in law enforcement so that it is more independent from the interference of other powers outside the judiciary. The practice of judicial power in the New Order era was carried out under two institutional roofs. Powers relating to judicial processes and law enforcement in the courts were under the roof of the Supreme Court, while powers relating to the budget in the judicial process were under the roof of the Ministry of Justice. The 3rd amendment to the 1945 Constitution has placed the Supreme Court and the Constitutional Court as holders of judicial powers and the Judicial Commission as stipulated in Article 24 of the 1945 Constitution. It has placed the Judicial Commission as an institution with the authority to supervise judges, as Article 24 B of the 1945 Constitution stipulated. The research method uses a normative approach with a qualitative research model. The model of qualitative research is an approach to implementing research purposed toward natural phenomena or symptoms. Results of this research show there has been an imbalance in position between the Supreme Court, the Constitutional Court, and the Judicial Commission, which, in the end, the supervisory function of judges, which is the task of the Judicial Commission, becomes less than optimal and needs to be strengthened.
Prospect for Settlement of Sharia Insurance Disputes Through The Indonesian National Sharia Arbitration Board Hartati, Sawitri Yuli; Windiani, Arovah; Mardani, Mardani
Jurnal Dinamika Hukum Vol 24, No 1 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.1.4207

Abstract

The contract between sharia insurance companies and policyholders is based on sharia principles, namely helping each other to protect each other. However, if disputes still occur,a resolution can be reached through mediation, sharia arbitration, and the courts. The problem in this research is how practices and obstacles resolve sharia insurance disputes through sharia arbitration institutions and how, ideally, arrangements in sharia insurance cases through sharia arbitration institutions can be resolved. The research methods used an analytical perspective, namely an investigation aiming to provide an overview or formulate a problem according to existing circumstances/facts. So it is necessary to revise the Arbitration and Alternative Dispute Resolution Law (1999), especially Article 61, Article 62, Article 63, Article 64, and Article 65, to regulate the scope, duties, and functions of sharia arbitration by considering the use of virtual arbitration processes in developing sharia arbitration as a special, authoritative, and independent arbitration forum.Keywords: Dispute Resolution; Sharia Arbitration; Sharia Insurance.
Legal Protections for Victims of Sexual Violence and the Rights of Victims Silmi, Rhaniya; Hendriana, Rani; Budiyono, Budiyono; Barkhuizen, Jaco; Harahap, Salman Paris
Jurnal Dinamika Hukum Vol 24, No 1 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.1.3884

Abstract

WHO has conducted surveys from 2000 to 2018, revealing that out of 161 countries, at least one in three women in the world has experienced physical and/or sexual violence. Additionally, The United Nations Entity for Gender Equality and the Empowerment of Women states that an estimated 35% of women worldwide have experienced physical and sexual violence. The issues addressed in this research are the specific regulations on sexual violence criminal acts in Law Number 12 of 2022 concerning the Sexual Violence Crime Law and the legal protection policy for victims of sexual violence. This research adopts a normative juridical approach, utilizing a literature review as well as secondary data analysis with a statute approach. The research findings indicate that the specific regulations in Sexual Violence Crime Law can be classified based on their definitions, types, evidence arrangements, victim rights, and criminal sanctions. The victim rights encompass the right to assistance, restitution, and compensation, the right to temporary protection, the right not to appear at trial, and the rights related to handling, protection, recovery, and rights for the family of victims of sexual violence criminal. The new regulations and provisions in Sexual Violence Crime Law have introduced many new innovations, particularly in legal protection policies that are oriented towards the rights of victims. However, some aspects still need to be considered to ensure the effective implementation of these regulations. It is necessary to promptly establish further implementing regulations regarding granting victims' rights.
Legal Framework of Community-Based Water Resource Management to Achieve SDGs and “No One Left Behind” Rosita Candrakirana; Affan Akbareldi; Adinda Rizky Fajri; Devica Rully Masrur
Jurnal Dinamika Hukum Vol 24, No 1 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.1.3892

Abstract

This study aims to examine community-based water resources management implemented in Umbul Ponggok Village, Klaten Regency, Central Java, Indonesia, based on the Water Resources Law (2019) and was subsequently modified by the Job Creation Law (2023), which prioritizes the well-being of the local community and in order to achieve sustainable development goals (SDGs), especially the principle of No.-One Left Behind. Community involvement in water resources management is very important. Therefore, communities no longer only act as consumers but also as those who determine their own needs for water resources. One area that has implemented this approach is the community in Ponggok Village, Klaten Regency. Therefore, this study addressed the compliance of the community-based water resource management in Ponggok Village, Klaten Regency, with the existing regulations. The study also determined whether the community complies with the principles of Sustainable Development Goals (SDGs) through a juridical-empirical method. Data was collected through documentation and interviews, and qualitatively analyzed. The result showed that the practices of water resource management in Ponggok Village aligned with existing regulations. However, a notable gap existed in adhering to reporting regulations, attributed to a lack of awareness among the village apparatus. Then, the water resource management in Ponggok Village has fully aligned with the current regulations and the SDGs' principles.
Online Sale of Pirated Books from a Legal and Moral Perspective Kartika Wati, Ratna; Usman, Zuraini Jamil; Soediro, Soediro
Jurnal Dinamika Hukum Vol 24, No 1 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.1.3776

Abstract

The increase in online book sales without permission and copyright violations in Indonesia poses a major threat to written works. This problem requires normative legal and moral studies to find solutions that complement previous research. This article aims to analyze and describe the legal regulations for buying and selling pirated books online and explain that the act of pirating books for sale is a moral crime. Normative legal research was used, which produced prescriptive conclusions. The data in this article consists of the Copyright Law, Information and Electronic Transactions Law, and other technical regulations. These regulations are equipped with various supporting references that discuss copyright issues, moral rights, and integrative legal theory, which describes a comprehensive legal system for responding to regulatory violations. This article reveals that national legal policies are not sufficient to guarantee protection for authors and publishers against book piracy and even make it difficult to report this crime to the police so that the use of the criminal justice system becomes ineffective. Indonesian society's perception of book piracy must be improved from previously being a common practice to a moral crime that is financially detrimental, and to the good name of authors and publishers. This article suggests several changes to the regulatory structure. First, we determine the authenticity verification scheme for books sold in bookstores and on marketplace platforms. Second, eliminating the concept of Klach Delict in criminal provisions so that reporting the crime of book piracy can be done by anyone, especially publishers and the public, who observe copyright.
Regional Government Policy in the Implementation of Child-Friendly City: An Analysis of Way Kanan District Prasetyawati, Suryati Endang; Fauzan, Muhammad; Amalia, Syarafina Dyah
Jurnal Dinamika Hukum Vol 24, No 1 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.1.4283

Abstract

The child-friendly city concept implementation in Way Kanan City is intended to fulfill the needs of children's rights there. This paper aims to contribute to policymakers’ implementation of child-friendly cities, especially in developing countries, by analyzing how child-friendly cities are implemented and the challenges faced. This article was created using socio-legal research methods. The results of this study show that the implementation is carried out by the Office of Women's Empowerment and Child Protection through several stages, namely, KLA development planning in the form of preparing Regional Action Plans, then implementing KLA development in the form of KLA programs’ implementation by involving all resources and implementing child-friendly school programs as well as monitoring and evaluating KLA development regularly. Implementation constraints come from internal factors. Challenges include limited human resources and an inability to understand women's empowerment and child protection issues, which affect socialization. Public facilities also need improvement to meet child-friendly standards. Meanwhile, technical coordination issues and misunderstandings about the KLA program's purpose arise due to external factors. Societal attitudes towards violence as education hinder program implementation. The suggestion for this research is to improve coordination between stakeholders or increase cooperation with partners to overcome problems regarding the lack of human resources, increase the budget and optimize the implementation of child-friendly city efforts.
Indirect Evidence in Disclosing Cartel Violations Under Business Competition Law in Indonesia Sari, Liani; Katjong, Revie Kurnia; Nurlia Mamonto, Andi Anisa; Ramli, Asmarani; Bakung, Dolot Alhasni
Jurnal Dinamika Hukum Vol 24, No 1 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.1.4053

Abstract

Cartels, or secret deals among competitors to set prices, limit production, or divide markets, pose a significant challenge to healthy competition and market integrity around the world, including in Indonesia. This study examines the use of indirect evidence, such as economic data and communication patterns, in uncovering such covert operations under the Indonesian Competition Law (Law No. 5 of 1999), using the normative juridical approach. The study uses statutory analysis to understand the legal framework, case analysis to explore the use of indirect evidence in law enforcement, and conceptual analysis to enhance theoretical understanding. This study analyzes the decisions of the KPPU and District Courts, KPPU regulations, and relevant legal frameworks to understand the applicability and challenges of using circumstantial evidence in legal proceedings. The results of the study make it clear that, despite its important role, the study identifies legal uncertainty and the need for corroborating evidence as the main obstacles to the effectiveness of indirect evidence. It reveals a significant gap in the acceptance and interpretation of indirect evidence between the KPPU and the judiciary, highlighting the need for clarity and consistency in the law. This review recommends the revision of Law No. 5 of 1999 and related procedural laws to include provisions for the acceptance and utilization of circumstantial evidence, improving the adjudication process of both the KPPU and the courts. This research contributes to Indonesia's understanding of competition law enforcement and promoting fair business practices.
Criminal Sanction Reduction Policy: Mental and Intellectual Disabilities Review from the Purpose of Punishment Rugun Romaida Hutabarat
Jurnal Dinamika Hukum Vol 24, No 1 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.1.4148

Abstract

In the realm of criminal law, it is acknowledged that criminal offenses may be perpetrated by a broad spectrum of individuals, including those with disabilities, spanning both mental and intellectual realms. The term “disability” includes individuals with physical or intellectual impairments who could not previously be sanctioned. However, Law No. 1 of 2023 has provided for the imposition of sanctions for people with mental or intellectual impairments. This study employs a normative research methodology, utilizing a statutory approach through the examination of various literature and journals focused on criminal law policy. Specifically, it addresses the implementation of incarceration for individuals with mental and intellectual disabilities. Through descriptive-analytical methods, this research highlights that Article 38 of the New Criminal Code expands the scope of criminal sanctions applicable to individuals with mental and intellectual disabilities. This provision appears to be at odds with Article 44 of the Criminal Code, which exempts persons with such disabilities from criminal liability, suggesting a contradiction where Article 38 permits the application of reduced penalties. The conclusion posits that while individuals with disabilities might be seen as not fully accountable under certain circumstances, leading to exemption from criminal penalties, a human rights perspective advocates for prioritizing social rehabilitation.
Fin-tech Regulations Development, Challenges, and Solutions : A Review Gupta, Chander Mohan; Kaur, Gagandeep; Yuliantiningsih, Aryuni
Jurnal Dinamika Hukum Vol 24, No 1 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.1.4074

Abstract

Fintech is a term which is the most common and used in the financial sector these days around the globe. Its growth has made it clear that it is there to stay, and it is going to cause a major disruption on the globe level, when talked about in relation to financial markets. It is an old saying, “With great powers come great responsibilities” and the same is true in relation to fintech. With the kind of growth, it is doing it needs to be monitored and regulated on a major level. When we talk about the fast-moving areas where fintech has made an impact are e-invoice, e-payments, deposits, and financial transactions on personal, corporate and government level. When we calculate the scale at which fintech is growing we need to understand that it is just a matter of time that everything will be assessable with a click of a button and if in the wrong hands we can imagine the impact done. When we see the dark side of fintech where the companies have an assesses to the data and every personal information of customers, they can use/misuse the same at their liberty. If we study the cases from around the globe it is a simple practice of which works of a simple rule, “If it works here, it will work everywhere.” This paper also delves into tracing the cyber threats faced by the financial sector due to its reliance on technology and sensitive data.  The authors have analysed a number of laws, rules, and guidelines to regulate fintech in India that are designed to foster innovation, protect the interests of consumers, and preserve the country's financial stability.   Thus, in the said paper the authors have tried to study the journey of Fintech in relation to its regulatory legal journey, in relation to India.
Legal Loophole Related to Ensuring Civil Rights in the Use of Drones With Spying Purposes in Indonesia Firmansyah, Hery; Oemar, Erwin Natosmal; Putri, Nessya Monica Larasati; Harshita, Harshita
Jurnal Dinamika Hukum Vol 24, No 1 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.1.3947

Abstract

Education, economy, and technology are three fields that cannot be separated from the constantly evolving changes. The use of drones as one of the tangible forms of rapid technological development in Indonesia has great potential to cause losses and adverse impacts on national sovereignty. Through this research, the authors will focus on dissecting the legal loophole related to the regulation of drone use that has yet to be comprehensive and has yet to be received attention from the Indonesian people. The guarantee of rights for civil society is an important issue that has yet to be eradicated, especially in terms of the use of drones for spying purposes in Indonesia. This research is a normative juridical research, processing techniques of statutory, conceptual, and comparative approaches. The results of this study state that Indonesia has yet to formulate comprehensive drone regulations, so it is urgent to make detailed rules regarding the classification of drones for recreation and non-recreation/business in order to protect the rights of the affected communities. The research is also compared to a real case in Florida to emphasize the fact that Indonesia is very far away in terms of regulations to protect the rights of its people in terms of the use of drones for spying purposes. This research’s final result and objective focuses on answering the legal vacuum related to guaranteeing civil society’s rights to use drones for spying purposes.

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