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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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RECONSTRUCTION THE AUTHORITY OF CONSTITUTIONAL COURT ON IMPEACHMENT PROCESS OF PRESIDENT AND/OR VICE PRESIDENT IN INDONESIAN CONSTITUTIONAL SYSTEM Hezron Sabar Rotua Tinambunan
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.2016.16.1.519

Abstract

In the process of impeachment, Constitutional Court has the obligation to give its judgement to House of Representatives’s opinion regarding allegation of violation by the President and/or Vice President. Constitutional Court checks and judges House of Representatives’s opinion on whether or not the President and/or Vice President works fulfill Article 7A of Constitution of Republic Indonesia 1945 (UUD NRI 1945). The inspection done by Constitutional Court is the judicial process whose decision is in the form of justisil. The result of this impeachment process heavily depends on the judgement of People's Consultative Assembly in its plenary meeting which is also a politics forum, where President and/or Vice President could be dismissed or not. Constitutional Court’s judgement does not apply to People's Consultative Assembly, hence, the difference of Constitutional Court and People's Consultative Assembly’s judgement in plenary meeting that is very political by its nature is very likely to happen. Involvement of Constitutional Court in the procss of impeachment is, of course, different in each country. It depends on governance system in that particular country, it also relies on how much authority that is given by Constitution to Constitutional Court in the process of impeachment itself.Keyword: Authority, Constitutional Court, Impeachment.
COMMITMENT OF LOCAL GOVERNMENT IN PROVIDING LEGAL AID FOR THE POOR SOCIETY Saru Arifin
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.2016.16.1.403

Abstract

The birth of the Legal Aid Act in the year of 2011 had strengthened the right of legal assistance for the poor in resolving legal issues that arrise. In the Act, Local Goverment is given the authority to provide legal assistance. This study uses socio-juridical method that aims to analyze the commitment of the local government of Badung regency, Bali, as one of the region with the highest revenue in Indonesia, in providing legal assistance. These results indicate that high local revenue of Badung regency, Bali are not positively correlated with the commitment to provide the legal assistance to the poor. This is indicated by the absence of a Local Regulation on legal aid and no funds were allocated to help the poor who need legal help. In addition, in the implementation of legal aid in Badung there are two main obstacles that the lack of regulation of legal aid and the constraints the letter to residents from outside the area. Keywords: Legal Aid, poor people, Justice, Legal Aid Institute
ARRANGEMENT OF LAW BY STATE FINANCIAL AUTHORITY IN REALIZING NATIONAL BANKING INDUSTRY THAT’S HEALTHY AND DYNAMIC. Muammar Arafat Yusmad
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.2015.15.3.394

Abstract

The development of national banking nowadays are growing fast, competitive and integrative. One problem of Indonesian banking system related with practicing law arrangement which is a harmonization process toward legislations.          The focus problems are: law arrangement in banking governance, the procedure of the law arrangement in achieving national bank industry which are healthy and dynamic. As intermediary institutions, bank should be in a healthy condition in order to gain public confidence and deserve to increase national economic growth.          Based on the conceptual discussion, obtained arguments are: (1) The law arrangement of national banking should be done coodinately between Otoritas Jasa Keuangan (OJK) and Bank Indonesia (BI); (2) Procedure of law arrangement according to the function and authority of OJK and BI which the urgent subjects are to avoid conflict of norm,  overlapping policies and limited validity of norm of the law case which happen and will be happen; (3) banking law arrangement include bank arrangement and supervision system, strengthening internal condition of the bank, empowering and protecting consumer with complaints mechanism and follow-up which are clear and measurable.  Key Words:  Law arrangement, banking, health and dynamic bank.
HOSPITAL SUPERVISORY BOARD ROLE IN MEDICAL DISPUTE SETTLEMENT IN HOSPITAL (ANALYSIS TOWARD MECHANISM AND NORMATIVE OBSTACLES) Nayla Alawiya; Aryuni Yuliantiningsih; Dessi Perdani Yuris Puspita Sari
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.2015.15.3.395

Abstract

Health services are not always able to deliver the results expected by the patient or the patient's family. The gap often makes the dissatisfaction that arises medical disputes, including disputes in the hospital. Law No. 44 of 2009 on the Hospital Board of Supervisors ordered the establishment of the Hospital that one role is to resolve disputes hospital. But government regulation of the Hospital Board of Supervisors recently issued in August 2013, and setting the Hospitals Act does not mention the prior regulations promulgated which raises normative barriers. The method used is normative. Results of this study is that the Supervisory Board has the task Central Hospital preparing procedures for handling complaints and mediation, while receiving the complaint and make efforts to resolve the dispute by way of mediation is the Supervisory Board Provincial Hospital. Hospital Board of Supervisors province can not perform tasks because the procedures for complaints and mediation has not been established by the Board of Supervisors Hospital Center. Law No. 44 Year 2009 has a setting that is not in sync with Act No. 39 of 2009 and Law No. 29 of 2004.Keywords: Supervisory Board Hospitals, normative barriers, dispute resolution, hospitals 
THE MODEL OF BIOPIRACY DISPUTE SETTLEMENT IN THE FRAMEWORK OF PROTECTING TRADITIONAL KNOWLEDGE Zakki Adlhiyati; H Harjono; Sri Wahyuningsih Yulianti; Moch Najib Imanullah
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.2016.16.1.444

Abstract

Solving the problem of traditional knowledge biopiracy faced by Indonesia is the background of this article. Thereby the problem of this papers is to seek the best way to settle the dispute occurred in biopiracy case. Due to the economic value of traditional knowledge this national resources need to be protected. Due to this economic value, a lot of traditional knowledge stolen and patented by someone else, this biopiracy cases had been long faces by the developing countries i.e Indonesia with shisheido case and avian influenza (H5NI) case, India with turmeric case and basmati rice case. Judicial settlement of dispute, alternative dispute resolution, quasi-judicial is a way to solve the cases which can be chosen.Keywords: biopiracy, traditional knowledge, dispute
A FAST PROCEDURE AS AN ACCESS TO JUSTICE IN ORDER TO REALIZE A SIMPLE, FAST, AND LOW COST PRINCIPLE IN INDONESIA Afriana, Anita; Fakhirah, Efa Laela
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.2016.16.1.489

Abstract

Civil disputes resolution in court has complicated procedures. For the parties with small value of claims, the settlement through the court with a convoluted procedure is not an appropriate choice because time spent in the court is not comparable to the value of the dispute. On the  other hand, the settlement by arbitration and alternative dispute resolution sometimes considered insufficient to provide legal certainty. The objective of this article is to analyze fast procedures that are used in the settlement of a lawsuit simply as a means of access to justice, and the prospects of fast procedures in the civil judicial system of Indonesia. The approach used is normative juridical. The results shows that the regulation of fast procedures in indonesia is an advancement as a means of access to justice but it still required socialization to the public about fast procedure and simple lawsuit.Keywords :  Access To Justice, Fast Procedures, Simple Lawsuit,  Private Dispute
A DISCIPLINE PENALTY ENFORCEMENT MODEL TOWARD NEUTRALITY VIOLATION OF GOVERNMENT EMPLOYEES ON REGIONAL ELECTION IN CENTRAL JAVA Tedi Sudrajat; Sri Hartini
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.2015.15.3.460

Abstract

 At this time, the implementation of neutrality for government employees are still use the legalistic approach. It doesn’t mean that this approach is problematic, but its not relevan when this approach is a self-implementing. That's why the policy is required by casuistry and situational approach, which means that the rule become the basis of law enforcement, while the case resolved by the consideration of the situation and the real reason that occur in the field. In this regard, the government should set standards, procedures and clear criteria against violations of neutrality as a basis for the imposition of penalties that are scalable and doesn’t have a double standard. Thats why its necessary to have institution that independent, objective and transparent. Keywords: Legal Policy, Neutrality, Law enforcement. 
THE ESSENCE OF REMUNERATION FEASIBILITY IN AN EFFORT FOR THE WELFARE OF THE WORKER Zulkarnain Ibrahim
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.2016.16.1.520

Abstract

The Remuneration feasibility is one of workers’ fundamental principle, must be implemented in national development program on employment by setting policy of composing planning labor, employment information, and job training. Professional workers will increase the productivity and company profit. Positive impact to workers, will receive their right for reasonable wages, so that reached welfare for them and their family, and live honorably and dignified in society.Key words: law, workers,reasonable wages
THE READINESS OF FOREIGN WORKERS REGULATIONS IN THE ENGINEERING AND MEDICAL PRACTITIONERS SECTOR ENTERING THE ASEAN ECONOMIC COMMUNITY Agusmidah, Agusmidah; Siregar, Mahmul; Putra, Mohammad Eka
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.2016.16.1.369

Abstract

Protection of the domestic labor market and prevention of skilled foreign workers entry through negative list are not in accordance with free market principle of the ASEAN Economic Community (AEC) to be implemented in ASEAN countries such as Indonesia in the second half of 2015. However, restrictions are still practiced by some Indonesian government institutions, such as Ministry of Health for doctors, dentists, and nurses, the Ministry of Public Works for surveyors, and the Ministry of Tourism for tourism profesionals. Through literature study and legal analysis, it was found that foreign workers restriction by professional associations according to certain competency standards aims to prevent domestic work from being monopolized by skilled foreign workers in the AEC 2015 era.Keywords: ASEAN Economic Community (AEC), Indonesian regulation, skilled foreign workers
COMPARISON OF CONSTITUTIONAL COURT AUTHORITY BETWEEN INDONESIA AND SOUTH KOREA Janpatar Simamora
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.2015.15.3.446

Abstract

This paper is intended to find out the comparison between Indonesian and South Korea constitutional court. Constitutional Court of Indonesia and South Korea have same authority, namely judicial review, the authority decide the disputes between state institutions and the dissolution of political parties. However, there are some differences. From the point of authority, Constitutional Court of Korea is more comprehensive because it has the constitutional complaint authority and in deciding the dispute of state institutions authority, the dispute type of the state institutions authority is classified explicitly. But fromthe point of judicial review execution, the constitutional court in Indonesia is more comprehensive because the applicant could be more flexible. Indonesian Constitutional Court should be able to adopt the excellence of Constitutional Court of Korea while maintaining it’s excellence to maximize the Constitutional Court as escort agencies and  interpreter of the Constitution.Keywords: Indonesia, authority, South Korea, constitutional court.

Page 34 of 69 | Total Record : 690

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