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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 7 Documents
 1 
Search results for , issue "Vol 24, No 2 (2024)" : 7 Documents clear
Analysis of Causal Factors and Impact of Legal Uncertainty on Building Rights from Management Rights Permadi, Iwan
Jurnal Dinamika Hukum Vol 24, No 2 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.2.4783

Abstract

Legal uncertainty faced by holders of Building Rights (HGB) derived from Land Management Rights (HPL) in Indonesia is a pressing issue that creates difficulties in maintaining and changing the status of their rights, negatively impacting their welfare and the overall land system, which this study aims to examine and address.  This study uses normative legal research methods with legislative, conceptual, comparative, and case approaches. Data were collected through literature studies and analyzed qualitatively and descriptively by considering interdisciplinary aspects. Factors that cause legal uncertainty include lack of legal protection, regulatory uncertainty, ineffective legal implementation, and reliance on third parties. This impacts the difficulty of maintaining HGB, the limitation of changing rights status, and implications for people's welfare. The findings indicate the need for legal reform, increased transparency, and strengthening institutional capacity. The implications of the findings encourage the improvement of a more fair, efficient, and legal system for HGB holders. This research is important to identify the root cause of the problem and formulate recommendations for improving the soil system. Further research suggestions include comparative empirical, interdisciplinary, and action research to implement solutions.
Indonesian National Policy of Criminal Law in Enforcing Law Against Illegal Logging of Conservation Forest Timber Nurmala, Leni Dwi
Jurnal Dinamika Hukum Vol 24, No 2 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.2.3493

Abstract

Abstract Crime in the forestry sector in the form of illegal felling of trees creates problems that are quite complicated to overcome. Tree felling in Indonesia is one of the cases most frequently handled by the Environmental and Forestry Law Enforcement Service. Illegal logging leads to deforestation and a decrease in the size of state forests. This article aims to discuss law enforcement against illegal logging crimes and how national laws can reduce the occurrence of these crimes. This research uses a normative juridical approach, namely a study of statutory regulations as primary data supported by secondary data using a literature review. The findings of this research are that in law enforcement efforts to respond to these crimes, the Indonesian Government has implemented regulatory provisions that have been stated firmly in the Prevention and Combating of Forest Destruction Law (2013), which have comprehensively provided opportunities for regional governments through the distribution of central government authority, as well as the involvement of the community and legal agencies or corporation that has a permit to manage forest products in an effort to prevent and eradicate illegal logging crimes, imposing consequences on wrongdoers through incarceration, criminal fines, and administrative penalties. However, the legal policies in this law have not effectively reduced the occurrence of crime because other regulations still contain policies that open up opportunities for illegal logging. Therefore, synchronization between regulations and laws related to forestry issues is required. Keywords: criminal sanctions; Illegal logging; law enforcement.
The Rule of Reason Approach in Discriminatory Practices: Airlines and Telecommunications Industry Sector Sharda Abrianti; Anna Maria Tri Anggraini; Ahmad Sabirin; Joice Chintya Mardohar; Séréna Ortigosa Fernandez
Jurnal Dinamika Hukum Vol 24, No 2 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.2.4046

Abstract

Discriminatory practices are standard in business competition and are not prohibited as long as they do not cause unfair competition. This paper will discuss three Business Competition Supervisory Commission (KPPU) decisions in 2020 related to alleged discriminatory practices committed by business actors. The subject matter in this paper is how the actions of business actors can fulfil the elements of violation and how the application of the rule of reason approach in Article 19 letter d of the Competition Law (1999) in the 2020 KPPU Decisions. This research is descriptive normative research. The data used in the book, articles, the new paper analyzed the Competition Law (1999), the Airlanes law (2009), the Electronic Information and Transactions Law (2008, amendments 2016 & 2024), and the Hajj and Umarah Law (2019), as well as interview an expert and KPPU. The interesting findings found that acts of discrimination cause obstacles in vertical business relations in different but interrelated relevant markets and often occur in the essential facilities sector. By using the rule of reason approach, KPPU found that discriminatory practices will be more effective if the business actor is in a dominant position or even occupies a monopoly position. Then, the three decisions in this discussion are equally suspected of violating Article 19 letter d on discriminatory practices. Then, related to the relevant market, the three cases have different markets, and also all three have vertical relationships with other business actors.
Sexual Harassment Through Language Strategies of Power in Higher Education Based on the Trichotomy of Relationships Approach Liza Agnesta Krisna; Rocky Marbun
Jurnal Dinamika Hukum Vol 24, No 2 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.2.4115

Abstract

Women are considered vulnerable under the UN Charter of Human Rights due to many factors, two of which are historical and systemic marginalization. Women, as a vulnerable group, increase their chances of becoming victims of sexual harassment, both physical and verbal abuse. This practice occurs across various settings, including Higher Education environments where such behaviors against students are prevalent. Legal science is no longer superior in reaching holistically when there is an inability to track language strategies based on the unconscious marginalization of binary opposition. This article aims to shed light on the ideological interests concealed behind a semantic model and the spread of semiotic symbols with sexual connotations. Using the legal research method with a Trichotomy of Relations approach, it uncovers the glorification of social status - as a lecturer, as capital in creating instrumental communication with sexual connotations. Regulations are needed to combat the misuse of communication for power and remove barriers hindering meaningful discourse. This policy should also enforce the use of clear and formal language to minimize interpretational ambiguities within the institution.Keywords: Criminal Law; Sexual Harassment; Trichotomy of Relation.
The Rome Statute Impact: Challenge of Upholding Human Rights in Indonesia’s Human Rights Court Rohman, Arif; Syafruddin, Syafruddin; Chalermsin, Panupong
Jurnal Dinamika Hukum Vol 24, No 2 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.2.4228

Abstract

This article examines the effect of enforcing gross human rights violations and the implications of Indonesia as a state that did not ratify the Rome Statute. This study is done by studying the legal basis of human rights courts in Indonesia. A doctrinal approach is used. The main legal materials used are the Human Right Court Law (2000) and human rights court decisions. The research findings indicate that the process of enforcing gross human rights violations requires integration between National Human Rights Commission as an investigator and the Attorney General's Office as an investigator. The substance of enforcing gross human rights violations is a formality because Indonesia, as a sovereign state, has the right to determine the model of enforcing gross human rights. However, in fact, there are still many gross human rights violations that cannot be resolved due to differences in perceptions of sufficient preliminary evidence. For this reason, reformulation of the Human Right Court Law (2000) is needed.
Unveiling the Legal Impacts: The Unilateral Termination of the 1997 Russian-Ukrainian Friendship Treaty Gunawan, Yordan; Riyanto, Aisyah Ajeng Putri; Farman, Logi
Jurnal Dinamika Hukum Vol 24, No 2 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.2.4200

Abstract

In 2022, Russian forces seized the capital of Ukraine, Kyiv, and reported more than 700 attacks on health facilities, personnel, and transport vehicles, resulting in the deaths of over 200 people. Despite encountering complex issues, Ukraine and Russia concluded the 1997 Russian-Ukrainian Friendship Treaty, which addressed matters of equality, sovereignty, and territorial integrity. However, Ukraine unilaterally terminated the Treaty in 2018. This research aims to analyze the legal implications arising from the unilateral termination of the Treaty, focusing on the realm of international law. The research employs a combination of normative legal research, analytical conceptual approaches, and case studies. The findings indicate that the termination of the Treaty adhered to Article 54(a) of the Vienna Convention on the Law of Treaties 1969. Nevertheless, the termination has resulted in legal uncertainty and has the potential to exacerbate pre-existing tensions, particularly regarding territorial integrity, which have intensified since 2014.
Ensuring Personal Data Protection in Telemedicine Services Destyarini, Normalita
Jurnal Dinamika Hukum Vol 24, No 2 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.2.3869

Abstract

The development of technology utilization in terms of the business sector in various fields makes its own challenges in providing consumer protection. then it is necessary to know that the Personal Data Protection of telemedicine service users provides consumer protection accommodation. There are aspects of protection for consumers as service users of personal data. Control of personal data should be carried out by companies that use technology in their business activities, in this case the organizers of electronic systems as required by existing regulations. The protection of consumers has been accommodated in the Consumer Protection Law (1999). Problems with data leaks that occur in Indonesia are problems experienced by consumers as users of digital services. Protection of personal data is a basic right of citizens and therefore the role of the State as the competent authority in the management and regulation of personal data. To ensure accommodation of personal data protection in the business development of digital start-up companies, it is necessary to study the accommodation of personal data protection as a form of protection for consumers in the Consumer Protection Law ( 1999) by Digital Start-up Companies as service providers. Normative research method with conceptual and legal approach is used to explain the facts. The results of this study show that the Consumer Protection Law (1999) on Consumer Protection has not provided regulatory accommodation that provides data protection for consumers of telemedicine. Output from this research can be a guideline for consumer protection practices in digital start-ups as required by the Consumer Protection Law (1999) and recommendations for relevant stakeholders in digital start-up services.Keywords: Consumer Protection; Personal Data Protection; Start-Up.

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