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INDONESIA
Jurnal Dinamika Hukum
ISSN : 14100797     EISSN : 24076562     DOI : -
Core Subject : Social,
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
Search results for , issue "Vol 9, No 3 (2009)" : 10 Documents clear
PENEGAKAN HUKUM LINGKUNGAN ADMINISTRATIF DALAM UNDANG-UNDANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Kartono Kartono
Jurnal Dinamika Hukum Vol 9, No 3 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.3.236

Abstract

General population growth has increased with increasing environmental risk and high consumption of chemical-based products. This condition requires the need for environmental laws tougher life than before. Therefore, on 8 September 2009 and then, the House has passed the bill Protection and Management of the Environment into law.  One of the new things in this legislation is the creation of a new type of license, i.e environmental permit. The aim is to strengthen the supervisory authority of the Ministry of Environment protection and environment management. However, the law does not regulate the supervision institutions, so that the authority is structurally integrated into the existing institutions. With such authority, the government should reform the laws and regulations which can substantially support the performance monitoring, both regarding the amount of oversight, supervision and frequency standards of supervision. But on the other aspects of supervision as a form of preventive law enforcement is also facing challenges related inconsitency legal terminology in its formulation. It is necessary for creativity in its application of law enforcement so that law enforcement process does not face constraints in the implementation means. Kata Kunci : pengawasan, izin lingkungan, penegakan hukum
ASURANSI KESEHATAN BERDASARKAN UNDANG-UNDANG NOMOR 3 TAHUN 1992 Suryono, Arief
Jurnal Dinamika Hukum Vol 9, No 3 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.3.232

Abstract

Health insurance according to the Law No. 3/1992 obout the social employment guarantee which consist of responsiver and the addressee and health service provider is the health social insurance which is aimed to give the health care guarantee toward the addressee that is enterprenaur and worker.  The law relationship which is consisted between: Responssiver-Addressee is the insurance relationship; Responssiver-Health services provider is the user of health service belong to the health service provider toward to the addressee; Health services provider-Addressee is gives the health service to the addresse is patient.  The responsibility of the responssiver toward the addressee is to give the health care insurance to the addressee gives the health service provider for the importance of the addressee. Kata Kunci:  Asuransi Kesehatan
PENEGAKAN HUKUM NETRALITAS PEGAWAI NEGERI SIPIL (PNS) Hartini, Sri
Jurnal Dinamika Hukum Vol 9, No 3 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.3.237

Abstract

Basically, the substance of democracy is the existence of role/active participation in the governance based on independence, equality and freedom. Somehow in new era, this strategic position of public servant was used by political party which finally makes political problems in the conception of law enforcement and makes confusedness to the role of public servant. Finally, the government make coherent regulation concerning with the neutrality in the public service law.  Arrangement of public service neutrality, arranged in article 3 sentence (2) and sentence (3) Law No. 43 Year 1999 and Government Regulation No. 37 Year 2004 concerning prohibition order of public servant becoming political party member and official member. The regulation only arranging concerning public servant becoming member and official member of political party, while public servant which was nonmember of political party, what exactly more loyal in political party not yet been arranged in that regulation. The regulation which straightening of neutrality arrange in  the preamble which public servant that impinge this regulation not yet arranged to collision, though sanction to this regulation was riffed as public servant, for public servant that becoming member and official member of political party.  Keyword: Neutralities, political party, law enforcement
FUNGSI LEMBAGA PEMASYARAKATAN SEBAGAI TEMPAT UNTUK MELAKSANAKAN PEMBINAAN DAN PELAYANAN TERPIDANA MATI SEBELUM DIEKSEKUSI Budiyono, Budiyono
Jurnal Dinamika Hukum Vol 9, No 3 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.3.233

Abstract

Penitentiary was a place to conduct coaching Educate Prisoners and Child Socialization. There are pro-death penalty views (Retensionist) and cons of death penalty (abolitionist) on the existence of death penalty and execution. This issue is causing problems from the aspect of regulation that is the basis of service provision on death row since capital punishment on all the services there are no specific rules. The problem is the placement and service must be performed by the prisons before the execution on death row, before it is executed on death row man alive who is naturally still have rights that must be protected as a right to physical care and health until the corresponding executable , including also get their rights, as for the rights referred to was referring to the provisions of Article 14 of Act No.12/1995 about Correctional. Kata kunci : Lembaga Pemasyarakatan,  Pidana mati, Peraturan khusus
KUALITAS SUMBERDAYA MANUSIA MENENTUKAN KEMAJUAN SUATU NEGARA Suhardjana, Johannes
Jurnal Dinamika Hukum Vol 9, No 3 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.3.238

Abstract

A common way of saying ‘forward state’ if the country concerned can show technological and industrial goods. Excellence in the industrial field is parallel with the quality to absorb or to discover something new that is used to enchane the added value of natural resources available which will increase the welfare state. The ability to absorb and discover not will be maintained with any legally experts in the field of intellectual property rights of the human resources will not be useful enough if it is not set for a high benefit for society and the nation as whole because this is the result of the culture of human life. Human resources if be managed properly will be able to determine the progress of a nation. Kata kunci: teknologi, industri, sumberdaya manusia, sumber daya alam, negara kesejahteraan
PENDEKATAN HERMENEUTIK DALAM PENEGAKAN HUKUM (UPAYA DEKONSTRUKSI TERHADAP POSITIVISME HUKUM) Hermansyah, Hermansyah
Jurnal Dinamika Hukum Vol 9, No 3 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.3.229

Abstract

Law enforcement is one of great problem in our development country. Law itself; often misused by agent of law enforcement, likely police, attorneys even judge. If it’s traced, that the beginning problem is the strong of positivism as paradigm in life of law, where the law itself only as state of law where the interpretation of law stressing on certainty only. Hermeneutics, especially critical hermeneutic, an offered in law enforcement. Kata Kunci: Penegakkan hukum, positivism dan hermeneutik
ASPEK PERLINDUNGAN ANAK DALAM TINDAK KEKERASAN (BULLYING) TERHADAP SISWA KORBAN KEKERASAN DI SEKOLAH (Studi Kasus di SMK Kabupaten Banyumas) Muhammad, Muhammad
Jurnal Dinamika Hukum Vol 9, No 3 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.3.234

Abstract

Children is nation future asset and router generation dream of nation, so children is entitled to the continuity of life, grow, and expand, participating and entitled of protection from discrimination and also have civil rights and freedom. These days there are aggressive behaviors and depress to the children, in the form of physical action and bullying that happened in education environment start from base level till college.  From research result, physical bullying counted 9 times; verbal bullying counted 14 times and of bullying physical/ mental counted 8 times. This Bullying done by psychical and verbal. Bullying cause separate impact for student. Legal protection of student at school arranged in Law No.32 year 2002 concerning Protection of child. Kata  Kunci: anak, bullying, perlindungan hukum
MODEL PERADILAN RESTORATIF DALAM SISTEM PERADILAN ANAK (Kajian tentang Praktik Mediasi Pelaku dan Korban dalam Proses Peradilan Anak di Wilayah Hukum Balai Pemasyarakatan Purwokerto) Angkasa Angkasa; Saryono Hanadi; Muhammad Budi Setyadi
Jurnal Dinamika Hukum Vol 9, No 3 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.3.230

Abstract

Legal fundament of implementation of restorative justice in the phase investigation of juvenile justice system  in Indonesia stated in article 5 sentence (1) Law No. 8 Year 1981 concerning KUHAP; article 42 Law No. 3 Year 1997 concerning juvenile court, article 16 sentence ( 1) letter (l), sentence (2) and article 18  Law No. 2 Year 2002 concerning Police Department of Republic of Indonesia, Confidential Telegram of Kabareskrim No. Pol. TR/359/DIT,I/VI/2008. Mediation Perpetrator and Victim in the course of Jurisdiction of Child in jurisdiction territory of prison in Purwokerto, in the form of peace among victim and perpetrator of this child, is conducted in inspection phase, is in prosecution phase and inspection of justice have never been conducted by mediation. Implementation of Mediation in case of child in Jurisdiction territory of Bapas Purwokerto, not yet earned a Restorative Justice Model. This Matter is based on fact that goals of this mediation practice tend to only aim to decontrol continuation. Kata kunci: Juvenile Justice System; Restorative Justice Model; Mediation; prison
UPAYA MEMERANGI TINDAKAN PENCUCIAN UANG (MONEY LAUNDRING) DI INDONESIA Waluyo, Edi
Jurnal Dinamika Hukum Vol 9, No 3 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.3.235

Abstract

The problems of prevention of money loundry is not easy and simple problem, world power Problems of prevention of wash of money is not easy and simple problem, even for international. At this millennium, the phenomenon fight money laundry is improving which in international scale by various states, and in domestic level. The international effort is not only emphasizing to the making of law and regulation that instructed to fight crimes organized especially trafficking, drug organized but also other various crime. Indonesia effort to fight in money laundry  by gradual through two policy of law, that is with prevention approach in banking law such as Knowing Your Customer Principle and policy of Criminal law as repressive approach in money laundry as arranged in Law No. 15 Year 2002 jo Law No. 25 Year 2003. Kata Kunci : money laundering, Knowing Your Customer Principle
EFEKTIVITAS SANKSI PIDANA PAJAK DALAM UNDANG-UNDANG NOMOR 28 TAHUN 2007 TENTANG KETENTUAN UMUM DAN TATA CARA PERPAJAKAN (Studi di Pengadilan Pajak Jakarta) Tri Wibowo
Jurnal Dinamika Hukum Vol 9, No 3 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.3.231

Abstract

One effort of realizing independence of nation in defrayal of development is find the source of fund that coming from tax. But, there are behavior of tax evasion that manipulated by legal subject and object of tax for to get thrift of tax by doing contempt of court (unlawful), and manipulate the tax is coherent virus (inherent) in each tax system that applying in every jurisdiction.  Based on research result, applying of sanction in the case of manipulate of tax is not yet effective, because not all that order in the norm did, for example bookkeeping’s not true and not yet had NPWP. Therefore, the policy formulation of crime sanctions in Law Taxation and also there must be support society and from government enforcers, so application of sanction of crime in taxation area can effectively did it. Kata Kunci : Pajak, Penggelapan Pajak, efektivitas sanksi pidana

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