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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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THE EFFECTIVENESS OF INDONESIAN NATIONAL POLICE FUNCTION ON BANGGAI REGENCY POLICE INVESTIGATION (Investigation Case Study Year 2008-2016) Hardianto Djanggih; Kamri Ahmad
Jurnal Dinamika Hukum Vol 17, No 2 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.2.722

Abstract

Criminal justice processes are frequently unwell-implemented due to various investigators’ shortcomings in performing their function. This research aims to determine and analyze the effectiveness of the police investigation into the handling of Criminal Offenses in Banggai. This research employed socio-juridical methods approach particularly descriptive analytical research. The data analysis was conducted by descriptive qualitative and quantitative analysis. The results showed that: there is an imbalance between investigators and number of crimes; 70% of suspects were arrested by investigators without warrant; discrimination among suspects in investigation process occurs; investigators would prefer interrogating suspect without being assisted by lawyer; limited information given by the investigators to suspect’s family; suspects were detained without according to the applicable law and regulations.Keywords: effectiveness, police, investigation process
THE IMPORTANCE OF VILLAGE GOVERNMENT LAW RENEWAL AND ITS IMPLICATIONS TO NAGARI GOVERNANCE IN WEST SUMATERA Darmini Roza
Jurnal Dinamika Hukum Vol 16, No 3 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.3.617

Abstract

The establishment of Rural Law is mandated by 1945 Constitution which provides recognition, status, law assurance, diversity, democracy and promote rural indigenous cultural traditions. The imple-mentation of Rural Law has implications towards nagari (village) governance which has to adjust it-self to the system and mechanisms stipulated in the Rural Law. Currently, government and West Su-matera Province regional house of representatives (DPRD) has established Regional Regulation draft on Principles of Nagari administration and waiting for Approval by the Ministry of Internal Affairs. The recognition of nagari as a traditional village and law community unit and the Indigenous communities require legal assurance and rights of origin enforcement as well as its authority in the effort of gov-ernance implementation and community empowerment. Nagari management prospects is West Suma-tera Regional Government agenda to empower villages through village budget aid despite its contro-versy  in terms of maintaining traditional culture of Salingka nagari.Keywords : village, village administration, legal instruments
ETHICS OF STATE OFFICIALS Raharjo, Agus
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.2085

Abstract

High expectation towards state officials’ behavior seems to be suppressed again. It is because of the following recent case of “papa minta saham (dad asks for shares)” that ends with the change of Minister of Energy and Mineral Resources. It is also interspersed by some behaviors of other state officials in legislative sphere such as corruption as well as decency. The newest case re-appears, even no kiddingly, an official such as head of Constitutional Court does it.........
LAW AND ETHICS OF COMMUNICATION IN SOCIAL MEDIA Rini Fidiyani; Dewi Sulistianingsih; Pujiono Pujiono
Jurnal Dinamika Hukum Vol 17, No 3 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.3.1665

Abstract

Every Environment Has Its Own Laws And Ethics Which Guide Behavior; However, It Does Not Mean That Anybody Is Able To Obey It And It Rises Three Consequences At Legal, Ethic And Social. This Research Is A Quantitative Research With Law In Action Approach, It Is A Non-Doctrinal And Empirical Social Science Study. Internet Brings The World To New Ways Of Thinking, And Communicating. Netiquette Is An Ethical Guide In Behaving / Communicating Among Netizens. Teachers’ Awareness To Communicate Well In Smk Bakti Purwokerto Is At A Poor Level. Bad Habits Communications In Real-World Are Brought Into Cyber Which Often Create Legal Issues. Although No One Has Proceeded To Justice, It Is Quite Worrying Since Their Position As Teachers Should Be Role Models For Their Students. It Is Necessary To Realize The Awareness Of Compliance With The Law And Ethics Of Cyber Communication For These Teachers.Keywords: Netiquette, Internet, Social Media, Law And Ethics, Communication.
IMPLEMENTATION OF LAW AUTHORITY AND RESPONSIBILITY OF BUDGET USERS IN PROCUREMENT OF GOODS AND SERVICES IN HEALTH Taty Sugiarti Ramlan; Dewi Kania Sugiarti
Jurnal Dinamika Hukum Vol 17, No 1 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.1.844

Abstract

The opening (preambule) of 1945 Constitution in paragraph IV has a goal to make a public welfare based on social justice in all fields including health. Government as a state administrator is obliged to provide all public needs in terms of goods, services, and or infrastructure development including health. The procurement of goods and services by Government is an arranged method and procedure to acommodate government activities in health care. The Budget Users (BU) is a responsible official on allocating the budget of goods/services procurement. Practically speaking, BU is often confronted by  criminal accountability toward the BU personally rathertha by administrative law toward the BU over his position. In fact, BU is not only governed by behavioral norms (gedragsnorm) but also position norms (bestuursnorm).Keywords: public procurement, budget Users, law responsibility
CONFISCATION ON STATE-OWNED ENTERPRISES (BUMN) ASSETS IN THE PERSPECTIVE OF TAXATION LAW Zainal Muttaqin
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.2130

Abstract

Regime of the State Finance Law as stipulated in Law Number 17 Year 2003 and Law Number 1 Year 2004 classify separated state finances as State-owned enterprises (BUMN) capital into the definition of state finances of which assets are free from confiscation. The problem is in terms that BUMN as taxpayers do not pay the tax debt, thus is it possible for BUMN to be enforced by law in the form of confiscation of its wealth? This paper aims to analyze the above issues based on applicable legal doctrine. From a legal perspective, State-owned enterprises is a separate legal entity from the owner of capital (state). Thus, the capital sourced from the state in the State-owned enterprises is not the property of the state anymore yet a wealth of state enterprises as legal entities as well as taxpayers. As a result, Law Number 17 Year 2003 which explained that state assets separated in BUMN including state assets is inconsistent with applicable legal theory. Accordingly, Article 50 paragraph (1) of Law Number 1 Year 2004 should have not been applied to State-owned enterprises.Keywords: BUMN, Confiscation, Legal Entity, State Finance, Tax.
JUDICIAL PROBLEMATIC OF SURVEILLANCE JUDGE IN THE CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF INDONESIA Muhammad Fauzan
Jurnal Dinamika Hukum Vol 16, No 2 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.2.615

Abstract

The presence of the Judicial Commission in the constitutional system of the Republic of Indonesia is mandated by the constitution of 1945, which in the execution of their duties and functions has provoked a variety of opinions, especially related to the supervision of judges who are considered to threaten the independence of the judicial power. Based on the results of discussion it is concluded that the juridical problematic which happens to the supervision of judges in the constitutional system of the Republic of Indonesia covering the  First, unclear formulation of Article 24B of the  Constitution 1945, especially related with the other authority of the Judicial Commission in order to preserve and enforce the honor, dignity, and the behavior of judges. The Second, it is related with the disharmony and inconsistency legislation regulations that controlling the supervision of judges, The Third, it is related to the institutional organization of the Judicial Commission and the Fourth, it is related to the vagueness of the definition of supervision. Keywords: problematic, Surveillance Judge, Indonesia
NATIONAL LAW DEVELOPMENT AS IMPLEMENTATION OF PANCASILA LAW IDEALS AND SOCIAL CHANGE DEMANDS Achmad Irwan Hamzani; M Mukhidin
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.898

Abstract

Social life changes over time. The response to social change and law change is all important. The ideal national law system  Indonesian people expect is Pancasila law system. The problem in this research is First, what is the description of the Pancasila law ideals? Second, why development of national law as implementation of Pancasila law ideals is important? and Third, is national law development also the social change demands? This research employs normative approach which constitutes secondary data in the form of library materials. The analysis applied induction-interpretation-conceptualization. The results show that Pancasila law ideals is an expectation of a law system rooted in Pancasila which is a way of life of the Indonesian nation. The development of national law system is an attempt to establish its own product laws. The importance of national law development is to manifest the Pancasila law ideals. The law development in the context of social change is to meet social change. The national law development will be more effective if initiated from the substance of law.Keywords: Development, national law, ideals of law, Pancasila, social change.
COUNTERMEASURES BY THIRD PARTY IN INTERNATIONAL LAW sefriani - sefriani
Jurnal Dinamika Hukum Vol 17, No 2 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.2.759

Abstract

The weak law enforcement in international law often causes countermeasure to appear. Countermeasure is not only done by injured state but also by non-injured states. In this research, the two research questions are formulated: countermeasure regulations in international law and countermeasures legality by third party. This research applied normative legal research method conducted through library research. This research used legislation, historical and conceptual approach. Then, the data were analyzed qualitatively and the results of the study were analytical descriptively presented. The result of this research shows that countermeasure by injured state has been accepted under certain conditions. However, Countermeasure done by the third party remains controversial which means that the obscurity requires further regulation to avoid the abusive action.Keywords: Countermeasure, Injured State, Third Party
SOCIAL CONFLICT SETTLEMENT THROUGH REGULATION OF SURAT TUMBAGA HOLING IN BATAK ANGKOLA SOCIETY Anwar Sadat Harahap; Ahmad Lahut Hasibuan
Jurnal Dinamika Hukum Vol 16, No 2 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.2.558

Abstract

The main purpose of this research is to find the law setting model in preventing the social conflict through the regulation of Surat Tumbaga Holing in batak Angkola society. While the problem in this research is how the preventing model and settlement procedure of social conflict through regulation of Surat Tumbaha Holing. This research is using the empirical juridical research method. The reseach shows that the model of preventing social conflict based on regulation of Surat Tembaga Holing are settle by using: Sipaingot, Pastak-Pastak ni Paradaton, Uhum dohot Patik, Hapantunon, Tutur dohot Poda, Marga, Dalihan na Tolu, Martahi, Mangupa. This model used by batak society in order to solve the social conflict, so the potential of conflict that exist can be muted. Keywords: Prevention, Settlement, Social Conflict, Surat Tumbaga Holing, Batak  Custom of Angkola 

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