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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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LOCAL GOVERNMENT ROLE IN THE SOLVING OF CATCHING FISH ILLEGALLY IN ACEH REGION Adwani Adwani; Mahfud Mahfud; Rosmawati Rosmawati
Jurnal Dinamika Hukum Vol 16, No 1 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.1.517

Abstract

This study aimed to describe the shape of local government actions in tackling illegal fishing in Aceh,  the handling of illegal fishing destructive fishery resources. The fundamental point is Law No. 45 Year 2009 concerning fisheries. This spesification of this research descriptive analysis, used both normative juridical approach and empirical. The results showed that the local government has made an effort preventive and repressive in the case of illegal fishing. To coordinate with relevant agencies and empower the role of traditional institutions of the sea to assist the role of government and law enforcement.Local governments should improve the coordination and supervision of the marine area, to monitor and evaluate the performance of local authorities in applying the law against this illegal fishing case.Keywords: Illegal, Local Government, and Fishing.
LEGAL DEVELOPMENT BASED ON LOCAL WISDOM AS THE BASIS OF A SETTINGS FOR RELIGIOUS LIFE IN CENTRAL JAVA Rini Fidiyani; Baidowi .
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.478

Abstract

The constitution guarantees freedom of religious life in Indonesia. This guarantee is becoming a myth that is caused by the inability of the state or its agents in fulfilling the promises of its constitution. Religious life in Central Java that seems comfortable but it seems to keep fire. This study is a qualitative research with anthropology, ethnography and law approach. The results shows that the religious conflicts that occurred in Central Java, is because the inappropiate view of the religious exclusivism and the decreasing local wisdom in daily life. Though Central Java have local wisdom which can be used as material development of laws in conflict resolution. But there is a juridical obstacles in its development, because of the unsynchron between the law relating to local authorities in making policy of inter-religious conflict resolution. Therefore, the development of laws based on local wisdom can be done if the juridical obstacles is overcome first.Keywords: freedom of religion, local wisdom, exclusivism, inclusivism, juridical obstacles, social conflict.
PROBLEMATICS ON SEPARATION OF POWERS THEORY IMPLEMENTATION haposan siallagan
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.415

Abstract

Berdasarkan teori pemisahan kekuasaan negara atau teori trias politika sebagaimana dipopulerkan Montesquieu, kekuasaan negara dipisahkan dalam tiga cabang utama, yaitu legislatif, eksekutif dan yudikatif. Secara teori, teori tersebut selalu dijadikan rujukan berbagai negara di dunia. Namun, dalam tataran praktik, teori pemisahan kekuasaan justru sangat jarang dijalankan secara konsisten dengan berbagai pertimbangan. Hal ini menjadi problem tersendiri terkait dengan implementasi teori pemisahan kekuasaan. Agar tidak menimbulkan problem dan perdebatan berkepanjangan, seyogianya berbagai negara di dunia dapat menjaga konsistensi antara teori dan praktik mengenai pemisahan atau pembagian kekuasaan negara yang dijalankan di masing-masing negara.Kata Kunci: checks and balance, kekuasaan negara, pemisahan kekuasaan. AbstractBased on theory of powers separation as popularized by Montesquieu, state power is separated into three main branches, namely the legislative, executive and judicial. Theoritically, the theory was always used as a reference in various countries around the world. However, in practice, the theory of separation of powers it is rarely implemented consistently with a variety of considerations. It becomes its own problem regarding the implementation of the powers separation theory. To avoid problems, the theory and practice of the separation system or division of state power must be executed consistently. Keywords: check and balance, state power, separation of power.
PROGRESSIVE LAW ENFORCEMENT TOWARDS HUMAN RIGHTS VIOLATION IN KOTA KUPANG` Joni Efraim Liunima
Jurnal Dinamika Hukum Vol 16, No 1 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.1.462

Abstract

Copyright is creator intellectual wealth so it needs to be protected by the State as a form of responsibility. Responding that problem comes into the world Law Number 28 Year 2014 concerning Copyrights and all violations in UUHC is formulated as delict complaint. Consequence of delict complaint is not all of copyright violations can be asked for the responsibility because law agencies are passive and limited by space and time. Answering that jurisdictional problem then researcher used empirical law research method. The result showed that civil servants investigator (PPNS) Kanwil Kemenkumham NTT and also Kupang Kota Police Resort have done progressive step such as appealing, warning, calling, making statement, stocktaking and confiscation whereas the obstacle factor of progressive law enforcement is knowledge, mindset and in the formula of UUHC there is no section which formulate what the step can be done if criminal matters happen so the suggestions given is law enforcement agencies need an explanation about progressive law enforcement and it is better if in UUHC need to be formulated a step which will be taken if criminal matters happen.keywords : Right, Progressive law, Law Enforcement
REGULATION AND SUPERVISION SHADOW BANKING INSTITUTIONS WHICH IS POTENTIALLY GIVES SYSTEMIC RISK AS AN EFFORT TO GIVE LAW PROTECTION TO CONSUMERS (Study in Banyumas Ex-Residency) Dr. Sulistyandari S.H., M.Hum
Jurnal Dinamika Hukum Vol 16, No 1 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.1.513

Abstract

Shadow banking practice there is a tendency to increase, then the regulator should be set. Some cases have led to financial stability system disorders and cause systemic risk. This study aims to reveal weaknesses in the regulation and implementation of shadow banking institutions that have the potential for systemic risk and the protection of customers  both normative and implementation in the Ex-residency of Banyumas. This study is a qualitative study with normative juridical approach and the study of law as the law in action, a social science studies that non-doctrinal and empirical. The results showed that the implementation of the supervision of shadow banking in the former residency of Banyumas potential harm to customers primarily in LJKNB shaped KSP / KJKS that provide services to non members, LJKNB who misuse their permissions business activities, LJKNB that has not been incorporated, but no potential systemic. Factors law, law enforcement, facilities, people and culture affect the implementation of surveillance in the area of Ex-residency of Banyumas.Keywords: regulation, supervision, shadow banking
ROLE OF LAW IN CONSTRUCTION AND DEVELOPMENT OF SMALL SCALE INDUSTRIES THROUGH NORMATIVE PERSPECTIVE Endang Sutrisno
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.411

Abstract

 The presence of law has become an absolute prerequisite that must exist in the dynamics of civil society. It is to achieve justice, certainty, and expediency, so the works of it will not be separated from such a noble mission. On the other side, the law is likely inseparable from the fields of meta-juridical, including economics. The expectations of the interference of law into economy, makes the existence of justice for the business players can be realized through the enacted product legislation. Regulations concerning investments and partnerships have the intent to build self-reliance and empowerment for small industry players so as to compete in the era of economic globalization. Laws employed as the instrument of social change to strengthen the capitalization of small industry and business empowerment through the training and development of small industries, as normatively mandated by law. Key words : Law, Economic, Small Industry
LAW PROTECTION FOR DOMESTIC INDUSTRIES DUE TO DUMPING PRACTICE Anita Kamilah
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.407

Abstract

International trade is business transactions conducted across borders, which has the goal accumulated maximum profit (profit optimal). In this implementation, corporations often do business by unfair competition, such as dumping, which could damage the order of the importing country trading system. The problem is what factors are causing a corporation carrying out the practice of dumping, and also; and How is legal protection against a country as a result of dumping practices. Factors that cause dumping, to profit by setting lower prices in the import market and the monopoly in the market of the importing country. A form of protection for countries that suffered losses as a result of dumping practices which could impose "anti-dumping duty", as a punishment for the exporting country. Due to losses caused by dumping, the government should make a law that specifically regulates the protection of domestic industry due to the practice of dumping.Keywords: Domestic industry, dumping practices, law protection  
THE POLICY OF GRANTING REMISSION TO CORRUPTION INMATES IN ORDER TO ERADICATE CORRUPTION IN INDONESIA M Ali Zaidan
Jurnal Dinamika Hukum Vol 16, No 1 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.1.518

Abstract

Corruption is an extraordinary crime, even though the laws have been revised and has a more progressive character has also established Anti-Corruption Commission the number of crimes of corruption still do not show any significant change. In the midst of public pessimism, the Ministry of Justice and Human Rights has initiated efforts to revise the Government Regulation Number 99 Year 2012. The tightening of remission meant that the convict is not easy to get their sentences reduced. Attempts to revise the provisions concerning remission, it should consider how far can reduce corruption and its impact on inmates and the public.Key words: extraordinary crime,corruption, remission.
REALIZING LEGAL PROTECTION FOR OUTSOURCING WORKERS THROUGH EMPLOYMENT SETTING SYNCHRONIZATION Khairani K
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.430

Abstract

Debating on the outsourcing existence in Law No.13 of 2003 regarding to Labor, is still continuing even though there has been a decision of Indonesia Constitutional Court (MK) who stated the rules that the content of Article 65 paragraph (7) and Article 66 paragraph (2) has been outlawed. The problems of this research are: How is the outsourcing concept of regulating in the labor law and the regulation of the labor minister No. 19 of 2012; and What effort to keep the outsourcing arrangement can provide legal protection for workers? This research use juridical normative method. The research finds that some of the concept is in contradiction with the 1945 constitution and another Law which is related to the protection of labor, and even with the other articles that exists in the Labor Law itself so thats the norm contains contradictio adconceptio. Therefore, the system of outsourcing that will be regulated should consider the principles of goof outsourcing governance. They are: legal protection, non-discrimination, worker as the subject not as an object, benefit and welfare, sustainable working relation, and the shifting of protection to the labor.    Keywords: Law Protection, Outsourcing setting, synchronization
THE RELATION BETWEEN THE OBJECTIVE OF WTO AND ECONOMIC RIGHTS Intan Innayatun Soeparna
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.3.445

Abstract

WTO Members are obliged to provide trade rules and mechanism conducive for their citizens to conduct economy activities across frontier in order to pursue their economic interests. This obligation is based on economic rights that are granted in their national constitutions. It thus necessary to analyse the relation between the objective of WTO Agreements and economic rights in order to seek the clarity of the primary intention of WTO Members to conduct international trade under the WTO Agreements

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