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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 690 Documents
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SECRETARY-GENERAL OF ASEAN: LAW REVIEW APPLICATION OF FUNCTIONAL NECESSITY PRINCIPLE Natalia Yeti Puspita
Jurnal Dinamika Hukum Vol 15, No 1 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.1.361

Abstract

Since entry into force of the ASEAN Charter in 2008, ASEAN has moved from a loose organization to a rule-based one. The ASEAN Secretary General has the important position in related to conduct the role of ASEAN. The ASEAN Secretary General has the privileges and immunity rights. These rights are based on the functional necessity principle and ruled in the ASEAN Charter and ASEAN Treaty on the privileges and immunity right.Keywords: Functional Necessity Principle, the Privileges and Immunity Rights, the ASEAN Secretary General.
THE EFFORTS TO TERMINATE THE SITUATION WITH NO-CITIZENSHIP AND HUMAN RIGHTS VIOLATION OF ROHINGYA ETHNIC Sefriani Sefriani
Jurnal Dinamika Hukum Vol 15, No 1 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.1.366

Abstract

The refusal to recognize citizenship of Rohingnya ethnic by Myanmar government caused this ethnic without national and international protection. Statelessness situation is also became the entry point of other violation of human right such as ethnic cleansing and genocide which caused this ethnic became refugee. Some solutions offered to end this situation are: cooperate with UNHCR provide temporary shelter for those people; urge UNHCR granted refugee status for Rohingya; urge ASEAN conducted humanitarian diplomacy pursued Myanmar recognized citizenship of Rohingnya ; applied R to P to end the gross violation on human right toward Rohingnya if the threshold were fulfilled.Keywords: Rohingnya, citizenship; human right
PROCESSION OF "TEPUNG TAWAR" AS AN ALTERNATIVE SOLUTION FOR CRIMINAL CASE IN MALAY CUSTOM LAW OF RIAU ERDIANTO ERDIANTO
Jurnal Dinamika Hukum Vol 15, No 1 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.1.357

Abstract

Implementation of the principle of legality in criminal law enforcement Indonesia in fact has caused some problems in the case and piling them over the prison capacity. It is necessary to find a model that is based on the completion of criminal cases and restorative local wisdom . One model that is “tepung tawar” in Malay society . Through empirical legal research found that the model completion of minor criminal matters in the Malay community is not united in procession “tepuk tepung tawar” but in other models, namely the density “ninik mamak” or different with “tepung tawar” practices applied in Jambi and South Sumatra , but the settlement of disputes and several criminal cases in the Malay community is also done with a model of restorative approaches .Keywords : Tepung Tawar, criminal case , Melayu, restoratife justice
INDEPENDENCE OF JUDGES IN THE IMPLEMENTATION POWERS OF JUSTICE Nurul Qamar
Jurnal Dinamika Hukum Vol 15, No 1 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.1.362

Abstract

This article aims to explore  the independence of the judiciary as an important pillar of a rule of law. Independence of the judiciary is a necessary condition for maintaining the rule of law, only constitutional law has legitimacy that must be upheld and the court should have the ability to perform a task in deciding the law. The independence of judges to examine, prosecute and deciding have guaranteed in the Constitution of the Republic of Indonesia Year 1945 and Act No. 48 of 2009 on Judicial Power, with the purpose judge in his judicial function can actually examine, prosecute and deciding on cases based on the law and justice.Keywords : Judge, Judicial Independence, Judiciary Power.
CONCEPT OF JUSTICE IN THE MANAGEMENT OF NATURAL RESOURCES Yanis Rinaldi
Jurnal Dinamika Hukum Vol 15, No 1 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.1.367

Abstract

The concept of justice which is formulated into a principle of justice in the laws of natural resources has not accommodate global principles, ethical view, and the values that live in the community. This study aims to find the concept of justice in the management of natural resources. The concept was excavated from the global principles of natural resource management, ethical views of society, and customary law. Method to find the concept of normative-legal approach research. The findings of the research, the concept of justice in the management of natural resources containing at least six basic principles, namely: intragenerational and intergenerational principle, the principle of the protection of human rights, gender equality, recognition of customary law community, proportionality obtaining benefits with recovery obligations, and balance gain access and results. The concept of justice is in line with the global principles of natural resource management, ethical view, and customary law.Keywords: concept of justice, management, natural resources.
INVESTIGATION AUTHORITIES OF FINANCIAL SERVICES AUTHORITY IN SYARIAH BANKING Hamsir Hamsir
Jurnal Dinamika Hukum Vol 15, No 1 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.1.358

Abstract

This paper aims to explore the authority of the FSA as one of the institutions that deal with crime investigation in banking institutions, especially in Islamic Banking. Investigators FSA has great authority other than the authority to conduct investigations that are not owned by other investigators. The existence of this authority would lead to overlapping investigation with a given investigation agencies such as the police and the prosecutor. Fundamental problems are experienced by the FSA in conducting the investigation is less availability of human resources of FSA investigator. Therefore, inevitably required cooperation with the Police in effecting the FSA investigation. Effectiveness of investigations conducted by the FSA task for banking crimes that occurred in Islamic Banking is need synergy of communication and coordination with the DSN as an institution authorized by the Islamic Banking Act to provide recommendations to other agencies including the FSA if there is suspicion of a criminal offense in Islamic Banking.Key words: financial service authority; investigation; syariah banking
ALTERNATIVE MODEL CONCEPT OF LAW TO RESPOND THE IMPACT OF GLOBALIZATION OF LIBERAL DEMOCRATION IN INDONESIA Amarini, Indriati
Jurnal Dinamika Hukum Vol 15, No 1 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.1.363

Abstract

Democracy is a universal state order with the concept of sovereignty vested in the people and implemented as an application of human dignity with the value of brotherhood, equality and freedom. The big issue for Indonesia is a communal atmosphere and collective behavior that is fading while the competitive behavior of individuals is increasingly valued. Subsequent impact is the blurring of the benchmark assessment of individual behavior, which in turn trigger the formation of social issues that increasingly complex. There are at least three alternative models of law concept responded impact of globalization of democracy, first: engineering and social control over management model, characterized by results rather than process-oriented; second, the critical model where the law continually refined through process of falsification; third, the law is formulated, implemented and enforced based on the postulate–progressiveresponsive.Keywords: globalization, democracy, law concept
GENDER-BASED RESTORATIVE JUSTICE FOR VICTIMS OF VIOELENCE AGAINST WOMEN Cahya Wulandari; Indung Wijayanto
Jurnal Dinamika Hukum Vol 15, No 1 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.1.368

Abstract

Positive law is less oriented towards the protection of victims, especially women. Restorative justice appears to protect and resolve problems with the interests of the victim-oriented. This article discuss the form of legal protection for victims of violence against women, gender-based and describe the form of restorative justice for victims of gender-based violence against women. Positive criminal law does not accommodate both the interests of the victim to determine the crime against him self and to restore his suffering. This is caused due to the dominance of retributive justice in the settlement mind set crime through the criminal law. The restorative justice allows for an active role in the completion of a crime victim who happens also allows the imposition of sanctions that are beneficial to the recovery of the suffering of the victims.Keywords: Victims; Violence against Women; Restorative Justice.
EXTRATERRITORIAL APPLICABILITY OF INDONESIA BUSINESS COMPETITION LAW AS AN EFFORTS DEALING ASEAN SINGLE MARKET Kurnia Toha
Jurnal Dinamika Hukum Vol 15, No 1 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.1.359

Abstract

General legal principle, a legislation of a country applies only for acts committed  in the territories concerned. This principle, to the field of competition has not felt right, because economic activity not only occur between the businesses in the country, but also with businesses that are abroad. Therefore, there is a need for competition law of a country can  be enforced in ekstraterritorial. The problem, Law Number 5 of 1999 adheres to the principle of territoriality does not adhere to the principle of extraterritoriality. In this study, the method used  is the  literature research. The study found that the principle of extraterritoriality adopted by  various developed  countries and some countries in Asia. The study also found that there is an urgent need that the Indonesian competition law applies to companies abroad, especially in 2015 will force the ASEAN single market.Keywords : Ekstraterritorial , Competition Law , Business Actors
THE DYNAMICS OF REPRESSIVE HABITUS LAWS: ETHNOGRAPHIC CASE STUDY IN UNWIMA Teddy Asmara
Jurnal Dinamika Hukum Vol 15, No 1 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.1.364

Abstract

This research describes repressive legal habitus Unwima community by focusing on the issue of why they create a legal cognition such manner and how to empower them in the public domain when facing a lawsuit in court and examination process in higher education office. The results of the research with ethnographic methods and interpretative analysis, First, that repressive legal habitus is a part of the neo-feudalistic thinking in education management. Second, the empowerment of repressive legal habitus in the public domain potentially generate a legal behavior of impulsive that tends to a manipulative, coercive, veiled, and other immorality practices.Keywords: ethnography, legal habitus, repressive law, neo-feudalistic

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