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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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NEW CHALLENGES IN ASEAN REGIONAL MARKET: INTERNATIONAL TRADE FRAMEWORK ON HALAL STANDARD Eva Johan
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.2018.18.1.809

Abstract

The use of non-tariff protection increased during 1980s. One of Non-tariff measures which have been deployed by countries is safety and health standards/technical specifications. In many Muslim countries, Halal standard has essential part in protecting consumer rights. National labeling laws must seek a balance between labeling requirements and certification to minimize barriers to the free trade. The problem is every nation has own Halal Standard. This could result trade dispute among parties since import product cannot enter local market based on different Halal Standard. This situation remains as non-tariff barriers to free trade. By capturing the differences of Halal Standard in some ASEAN countries, the result shows some challenges rise for ASEAN to create one unified Halal Standard framework in order to gain strong ASEAN single market in the future.  Keywords: non-tariff barriers, halal, standard, international trade.
ISLAMIC PERSONALIZATION AS THE BASIS OF RIGHT CLAIM SUBMISSION IN RELIGIOUS COURT Rahadi Wasi Bintoro; Masruhan Masruhan
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.2017.17.2.899

Abstract

Law Amendment of Religious Court Year 2006 brought revolutionary change toward the competencies of the religious court. Law of Religious Court mentioned that Religious Court is only for Muslims. Furthermore, several questions appear such as are they only Muslims who are able to have any case in Religious Court, how is about people who are non-Muslim or how is about other law subjects in form of legal entity whether they can have any case or not. This paper discusses the subjects and the objects of right claim in religious court. Based on the analysis, the judiciary for law subjects who are Muslims or obey to Islamic laws in muamalah matters is done based on Islamic principles. That is what is called as Islamic personalization. This needs to be emphasized that Islamic personalization is an absolute competence in which if it is broken, it will cause right claim become NO (niet ontvankelijke verklaard).Keywords: Islamic personalization, right claim, religious court
CORRELATION BETWEEN THEORY OF CRIMINAL LIABILITY AND CRIMINAL PUNISHMENT TOWARD CORPORATION IN INDONESIA CRIMINAL JUSTICE PRACTICE Septa Chandra
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.2017.17.1.649

Abstract

The question of the correlation between theory of criminal liability and criminal punishment on criminal acts committed corporation is important to investigate in order to provide justification for the criminal prosecution of corporations. How a mistake should be constructed from a corporation associated with the theory of corporate criminal liability. As a consequence of the improper condition on the corporate views of whether the corporation has made a criminal offense can be avoided as part of discretion in running the business. If these obligations are not met, the corporation can be condemned for committing crime. The practice of criminal justice to the determination of criminal liability for corporations is not fully in accordance with the theory of corporate criminal liability. In fact, the court decision does not yet reflect a consistent correlation between the theory of criminal liability and criminal punishment on criminal acts of the corporation.Keywords: criminal liability, corporate, criminal justice.
HUMAN RIGHT DIMENSION IN HEALTH SERVICE (Functional Relation among Doctor, Patient, and Hospital) Bekti Suharto
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.2018.18.2.2000

Abstract

This research aimed at analyzing exposure of global capitalism which undermines sense humanity in health services in Indonesia, explaining health care policy, and designing model of functional relationship among  doctors, patients, and hospitals, based on human rights. This qualitative research used socio-legal approach. Primary and secondary data were collected by using observation, interviews, and documentation study. Data were analyzed through interactive data analysis process. It found sense of humanity in health services was undermined due to health market laws. Health care policy was a form of health development plan based on law principles which fulfill human rights of health, in terms of its functional relationship among doctors, patients, and hospitals, carried out by implementation of Pancasila, Leadership Trilogy of Ki Hajar Dewantara, Tri Dharma teachings of Mangkunegara I, KH. Ahmad Dahlan teachings, and teachings of Shiddiq, amanah, tabligh, fathonah, either by hospitals, doctors, and patients, on administrative, medical, or social services.Keywords: Capitalism, Health Legal Policy, Human Rights Dimension, Principles.
BINDING FORCE OF CONSTITUTIONAL REVIEW DECISION OF CONSTITUTIONAL COURT TOWARD SUPREME COURT Rian Van Frits Kapitan
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.2016.16.3.449

Abstract

The Supreme Court decision which sentenced dr. Bambang suprapto.Sp.M.Surg. using article 76 of Law No 29 Year 2004 on the Practice of Medicine which had been annulled by the Constitutional Court has proved that the Supreme Court has put aside constitutional court's decision on constitutional review. This paper attempts to justify that at any reason, Constitutional Review decision of Constitutional Court still has binding force on the Supreme Court. It is based on four perspectives: 1. Historical perspective 2. Protected object perspective 3. Functional perspective, and 4. Normative perspective.Keywords: Binding Force, Constitutional Review, Constitutional Court, Supreme Court.
PILPRES DAN KEDAULATAN RAKYAT Bintoro, Rahadi Wasi
Jurnal Dinamika Hukum Vol 14, No 2 (2014)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2014.14.2.2095

Abstract

Bangsa Indonesia adalah bangsa besar dengan sejarah yang panjang. Selama hampir 69 tahun bangsa ini merdeka, tercatat sampai saat ini sudah ada 6 presiden dan 11 wakil presiden yang telah mengemban amanah rakyat. Masing-masing presiden telah membawa perubahan bagi bangsa ini; kemerdekaan, pembangunan, reformasi hukum, reformasi birokrasi, sampai pemberantasan korupsi.......
ROLE OF VILLAGE CONSULTATIVE BOARD (BPD) IN VILLAGE ADMINISTRATION OF JANGGOLAN VILLAGES (Study in Sub-District of Sumpiuh Banyumas Region) kadar Pamuji; Abdul Aziz Nasihuddin; Riris Ardhanariswari; Supriyanto Supriyanto
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.2018.18.1.1676

Abstract

Janggolan village is a village with limited locally generated revenue. In Sumpiuh sub-district there are 14 villages, 3 of which are the village of Janggolan. Village Fund Provision Policy in Law Number 6 Year 2014 on Villages affect on the performance of village apparatus and the quality of village community participation, while the Village Consultative Board (BPD) is expected to be an institution capable of playing role in village development. The problem is how the role of BPD in the implementation of Village Governance in the Janggolan village. The research was conducted by applying qualitative method with action research strategy. The results show that the Village Funds assisted the physical village development and work scheme but did not change the people attitude. BPD makes use of rembug warga (deliberation), selapanan (a traditional ceremony to commemorate a 35-day-old baby), and village meetings to accommodate aspirations and control the village. Yet they do not solve the village problems. The role of BPD in Janggolan village more focused on the absorption of people's aspirations. The internal constraints are low quality of members of BPD while the external constraints that BPD has not effectively performed. Keywords : deliberation, governance, societal participation. 
NARCOTICS PREVENTION AMONG PRISONERS BY NATIONAL NARCOTICS AGENCY (BNN) Hibnu Nugroho
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.2017.17.2.846

Abstract

Nowadays, Indonesia has high number of narcotics users. It includes narcotics abuse inside Correctional Institution. The research investigates whether law enforcement policy in narcotics eradication among prisoners has been effectively implemented or not and what impediments encountered by the National Narcotics Agency (BNN) in upholding law enforcement to fight against narcotics among prisoners. The research applied empirical juridical approach particularly analytical descriptive. The key informants in this research are Central Java BNN and Central Java Drugs Penitentiary. This research employed qualitative descriptive analysis while the content analysis applied legal interpretation, principles of law and legal theories. This belongs to Research and Development (R&D) and the Theory of Law Enforcement Factors by Soerjono Soekanto. Narcotics prevention by National Narcotics Agency in prison is not effectively implemented due to lack of a number of officials or guards to supervise the prisoners.Keywords: prevention, narcotics, Correctional Institution
LEGAL IMPLICATION OF PLACING THE GOOGLE BALLOON IN NATIONAL AIR SPACE Cholifah Damayanti; Anjar Supriadhie
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.2016.16.3.616

Abstract

The air space above the sovereignty of a state is closed to activities of other states except to getpermission from the subjacent state. Challenges and problems in the development and utilization ofnational air space region tend to increase and require problem solving prevention. One of them is theAmerican Google’s plan to cooperate with Indonesian government to put Google Balloon over the In-donesian national air space. The legal implications of this Google Balloon placement become the fo-cus of this study through system legal theory and legal effectiveness theory. Based on the resultsshow that First, from the legal substance aspect, status of Google Balloon cannot be categorized asan air or space vehicle; Second, viewed from the legal institutional aspects, the implementation ofthe project related to the competence of the relevant agencies which does not only involve the min-istry of communication and information but also involve the parliament; and Third, from the legalculture aspect, socialization towards the plan of the project needs to be expanded to prevent anyunfavorable circumstances.Keywords: Balloon Google, legal implications, the National Air Space
ANTI-CORRUPTION SPECIAL DETACHMENT, IS IT NECESSARY? Raharjo, Agus
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.2017.17.3.2086

Abstract

Corruption, being one of the powerful words, contains an astonishing power. Various ways to eradicate it  from changing the constitution to the formation of extra judicial institutions failed; it is just strengthening its existence instead. Finally, the discourse of the formation of Anti-Corruption Special Detachment (Densus Tipikor) is rolled out by the Chief of Police. The discourse of this formation indicates that the existence of corruption rather than weakening can even be said to be increasingly rampant......

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