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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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EXPANSION AND THE IMPLICATION OF REGIONAL AUTONOMY IN NORTH SUMATRA Alinapia Alinapia
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.2015.15.1.355

Abstract

Region unfoldment euphoria have made Northern Sumatra as one of county unfoldment at Indonesian. For it to need is assessed, how is region unfoldment performing at North Sumatra and its implication to regions autonomous performing at North Sumatra? Method that is utilized is descriptive analytical. That acquired result region unfoldment performing at North Sumatra was appropriate indicator which is determined deep legislation regulation and according to North  Sumatra society expectation. Meanwhile region unfoldment implication to regions autonomous performing, which is region governance (region autonomy) was walking at unfoldment region.Key words: Region Unfoldment performing, Region Unfoldment implication North Sumatra
THE IMPORTANCE OF REGINONAL REGULATIONS SUPERVISION IN FINANCIAL SECTOR AFTER REGIONAL DEVELOPMENT Iza Rumesten RS
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.2015.15.1.360

Abstract

Autonomous regional administration may say 80% fail, even many violations in governance can be seen from the many local regulations canceled by the government. The problem of this study is how the regulatory supervision of the financial sector among local parent with a new autonomous regions. Methods used in this research is to examine the normative Law 23 of 2014 and Act No. 17 of 2003. From the results, that local governments still have to master to supervise all local regulations and regulatory policies that made the district / city, especially in the field of finance. An obligation on the parent region to assist funding over three years for new autonomous regions interfere with the delivery system of local governance parent, therefore before diotonomkan, candidates should be prepared to be autonomous administrative regions that after diotonomkan not interfere peyelenggaraan dependent and parent local government. Keywords: finance, authority, local governemnt, supervission.
CRIMINAL JUSTICE SYSTEM OF CHILDREN: AN OVERVIEW RESTORATIVE JUSTICE CONCEPT IN INDONESIA AND OTHER COUNTRIES Loura Hardjaloka
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.2015.15.1.365

Abstract

The pattern of repression in Act No. 3 of 1997 has been changed to a restorative justice through diversion in Act No. 11 of 2012 considering the repressive punishment does not reduce the number of juvenile criminal but increasing. The purpose of this research is to examine the concept of restorative justice in order to see the form of the application of the concept of restorative justice in Indonesia and other countries. The method of this research is judicial normative with secondary data and analyzed based on content analysis. Based on this research, the concept of restorative justice both in Indonesia and other countries is applied through a diversion for the best interest of children (actor), which are implemented in the form of mediation so the children can take their responsibilities for their actions without court trial.Keywords: juvenile justice system, comparative studies, restorative justice, diversion
AUTHORITY CONFLICT OF THE COURTS IN ACEH: A CASE STUDY OF SETTLEMENT FOR CHILDREN SECLUSION IN CHILDREN PROTECTION Teuku Muttaqin Mansur
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.2015.15.1.356

Abstract

This study is aims to discuss about Shari’a Courts, Adat Courts and The Juvenile Criminal Courts authority. And also to discuss about the concept of legal certainty, child protections and conflict jurisdiction of the courts cases involving Khalwat Moslem children in Aceh. These study adopted two approaches, namely normative and empirical approaches.The results showed that, all courts have jurisdiction to try cases of Khalwat Moslem children in Aceh. Therefore, there is legal uncertainty and conflict of jurisdiction courts. At the same time, resulting in the protection of the child is not fully guaranteed. Keywords: Cases of Khalwat Children, Child Protection, Conflict Jurisdiction of Courts, Legal Certainty
PLURALISM IN SETTING AND SIGNIFICATION OF PORNOGRAPHY Erni Wulandari
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.2015.15.1.401

Abstract

The body becomes an object of study from various sciences, also the sciences of law. Meanings of the body in a regulatory text, can not be separated from an understanding of the rule-making body itself. The body can not be defined as a single, so the text that put in order about body also should not be interpreted as a single. Hermeneutics as a branch of philosophy may help to understand the meaning contained in the text and as contextual. The dimension of something that violates decency or not always shifted from time to time, as well as in the issue of pornography. Using hermeneutics for explain the meaning behind the text which is adjusted to the era, can help law enforcement in seeking and find the truth and justice in prosecuting cases related to the issue of the body.Keywords: pornography, hermeneutics, body, the regulation of pluralism, commodification.
LICENSING AND LEGALIZATION OF TRADITIONAL MEDICINE TO ENSURE PUBLIC HEALTHH QUALITY Lilik Pudjiastuti
Jurnal Dinamika Hukum Vol 15, No 2 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.2.382

Abstract

Traditional medicine is a form of pharmaceutical ingredient which uses as medicine by the people. In public paradigm, traditional medicines is considering more secure and cheaper compare with patent medicine. The reason of such condition due to traditional medicines are made from materials of plants, animals, mineral galenic ingredients or mix of all those ingredients hereditary. In Indonesia the instrument control of traditional medicine conducted by regulation, license, supervision and legal enforcement. In practical, based on the surveillance result which conducted by BPOM found from 7.605 sample of traditional medicine, 1.867 (24.55%) of those are not fulfilled the standard because several reasons contain chemical ingredients, does not have distribution license, has long wrecked time and has unsuitable water content. This condition resulted due to the lack of ability of traditional medicine business to fulfill the requirement and obligation of license owner to conduct the medicine manufacture base on CPOTB.  Keywords: traditional medicine, license, legal enforcement.  
CRITICAL STUDY TO THE ENFORCEABILITY OF PASSIVE NATIONAL PRINCIPLE IN INDONESIA CRIMINAL CODE Ridwan Ridwan
Jurnal Dinamika Hukum Vol 15, No 2 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.2.374

Abstract

Criminal law is law formulation to protect society and to establish society welfare as its address.  Protection was, according criminal law, naturally as a concept of Human Rights protection. Based on those, therefore criminal law was implemented certainty, equality and expediency principle. But then, those law principles or basic values, seem difficult to improve by Indonesian citizen abroad, specifically Indonesian workers facing the law. Yet, according to limited-National Passive Principle in specific interest, and not including all Indonesian citizens abroad. It will cause unbalancing doelmatigheid ND rechtsmatigheid Principles not improving.  Keywords: Principle, Protection, Concept.
THE ANALYSIS TOWARDS STATE APPARATUS COMMISSION ROLE IN ASN MANAGEMENT SYSTEM IN INDONESIA Ajib Rakhmawanto
Jurnal Dinamika Hukum Vol 15, No 2 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.2.392

Abstract

In administrating bureaurcy business process, professional state apparatus are needed. Law number 5 of 2014 about the state civil apparatus mentions management based on merit that supposed to be supervised by an independen institution: State Apparatuss Commision (KASN). This article aims to analyze the KASN, and identify its task, function, and responsibilities. The analysis showed that KASN was formed to create professional state apparatus and supervise the merit system based management. The function of KASN becomes ineffective considering there is NCSA, an establish body with a role to supervise the ASN management. KASN will cause an overlapping and conflict of interest between the two institutions. Key words: State Apparatus Law, government institution, KASN
RESTRICTIONS ON THE RELIGIOUS JUDICIARYS’ AUTHORITY AS A RESULT OF JUDICIAL POWER CONFLICT RULES Rahadi Wasi Bintoro
Jurnal Dinamika Hukum Vol 15, No 2 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.2.441

Abstract

The new authorities of religious courts, particularly in Economics Sharia field still collide with other rules. This writing intends to identify the rules conflict  that exist. Based on the analysis, can be identified the rule conflict  relating to the authority of the judge occurs on the peace effort. Rules of conflict regarding peace with instrument PerMA No.1 year 2008 can be accessed by using the principle of lex superior derogat legi law priori, whereas with regard to the authority prosecuting Sharia Board of arbitration verdict temporarily can use the verdict of the Supreme Court of Cassation Number 56/PK/AG/2011, however this is still not final because we are not wedded to the binding force principle of precedent. The next rule of conflict is related with judgement authority to the bankruptcy matter. On this occasion, the author gives suggestions to immediately syncronize authorities prosecutes’ rules, so it can give birth to legal certainty. Keyword: authority to prosecute, peace, The National Syariah Board Of Arbitration, bankruptcy
PROBLEMATIC APPLICATION OF CRIMINAL REVOCATION OF POLITICAL RIGHTS IN PERSPECTIVE OF CORRUPTION LAW Edi As' Edi
Jurnal Dinamika Hukum Vol 15, No 2 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.2.375

Abstract

The spirit of fighting corruption in Indonesia based on the spirit of the Declaration of the 8th International Conference against Corruption and Indonesia United Nations Convention against Corruption (UNCAC) UN 58/ 4 dated October 31, 2003, and Law No. 7 of 2006 on the Ratification of the UN Convention on Anti-Corruption of 2003 and Act No. 20 of 2001. The implementation of the Law on Corruption tends not optimal. As a new breakthrough reached the imposition of criminal sanctions in the form of revocation of political rights for the accused of corruption. Although in practice the criminal is considered unconstitutional. Given the enormous impact of corruption, namely the loss suffered by the people and the state, the current criminal disenfranchisement for perpetrators of political corruption has been duly applied. Keywords: pull, rights, corruption, politics.

Page 31 of 69 | Total Record : 690

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