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Jurnal Dinamika Hukum
ISSN : 14100797     EISSN : 24076562     DOI : -
Core Subject : Social,
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
RESTORATIVE JUSTICE CONCEPT ON JARIMAH QISHAS IN ISLAMIC CRIMINAL LAW Zainuddin, Zainuddin
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.2017.17.3.826

Abstract

Essentially, Islamic law is modern law since it has recognized restorative justice for jarimah qishas (murder or torture). The concepts of restorative justice in Islamic criminal law realize fairness and balance to the offender and the victim themselves. Restorative justice in Islamic criminal law as explicitly provided in Q.S. al-Hujurat (49): 10 and Q.S. Asy-Syuura (42): 40. The Quran regulates peace and forgiveness in solving a crime. The existence of peace and forgiveness aims to realize the unity and sustainability of life as a purpose of the laws. Peace and forgiveness are premium remedium while the penalty is ultimun remediun in Islamic criminal law. Otherwise, in modern criminal law, the penalty is premium remedium.Keywords: Forgiveness, Peace, Qishas, Restorative Justice
REGULATORY PROBLEMS OF DISASTER MANAGEMENT IN INDONESIA Shanti Dwi Kartika
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.2017.17.1.371

Abstract

Indonesia is a disaster-prone country. The disaster may affect the economy, welfare, and politics of the country. By that reason, the state should protect the people and pay more attention to disaster management through legal instruments. Symptoms in the community are pushing the politics of law in this country by the issuance of legal policy in form of Law Number 24 Year 2007 on Disaster Management. Therefore, it is important to understand about regulatory aspect of disaster management, legal issue in the implementation of disaster management, and problem solving from that legal issue. This study determined that the recent law of disaster management has been well improved following the previous law. In its implementation, there are still problems such as disharmony legislation in disaster management, overlapping authority and lack of inter-institutional coordination followed by overlapping authority, disoriented working procedures of disaster management and disaster management to uncontrolled funding.
RAMADHAN: BLESS OR DISGRACE? Raharjo, Agus
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.2018.18.2.2192

Abstract

In Ramadhan 1439 H/2018 M, Islamic preacher said that Ramadan as a month full of blessing, forgiving, month of knowledge, another spell that lead Moslem people to act wisely. Nowadays, two important events came as government mirror. Both of them occurred in mass media even debated either social or electronic media......
THE VICTIM HANDLING MODEL OF HUMAN TRAFFICKING THROUGH ECONOMIC INDEPENDENCE Henny Nuraeny; Tanti Kirana Utami
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.2016.16.2.481

Abstract

Trafficking in persons is a modern trading of human slavery. Trafficking in persons is also one of the worst forms of violation of human dignity that results in trauma to the victims. To that end, there should be a comprehensive treatment for victims.The problems that can be studied is whether a model that can be applied in the treatment of victims of trafficking in Cianjur and disseminating technical how models Handling of Victims of Trafficking in Persons (Trafficking) in Cianjur.This study uses normative juridical approach and specification of descriptive analysis. The results of this study are alternative models to handle victims of trafficking in Cianjur is a service model based on inter-institutional and economic empowerment through planting camelina sativa with socialization techniques involving local government, private sector, community leaders and students through legal counseling and advocacy. Keywords: human trafficking, the victim handling model, socialization
CODE OF ETHICS URGENCY IN THE IMPLEMENTATION OF GENERAL ELECTION IN INDONESIA Jeremia Alexander Wewo; Kotan Y. Stefanus; Umbu Lili Pekuwali
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.2018.18.2.1744

Abstract

The mirror of state of democracy is election. Three institutions that organize General Election include General Election Commission, Election Supervisory Agency and Election Organizer Ethics Council. This study applies normative legal method. Code of Ethics constitutes significant meaning in every General Election for governing the General Election organizer to have integrity and high dedication. Code of Ethics and law in general election are inseparable; Code of Ethics is the guidelines for the election organizer to act and behave while the law is the foundation of a General Election implementation. In order to realize a democratic and quality General election then a General election process must be based on Code of Ethics and law.Keywords: General election, election organizer, Code of Ethics, law
JUDGE VERDICTS ON SUBSIDIARY FINE PENALTY OF CORRUPTION CRIMES (A Case Study on High Prosecutor General Office of NTT) Sulistyanta Sulistyanta; Henderina Malo
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.2017.17.3.865

Abstract

Additional fine penalty in corruption constitutes specific regulation. This aims to restore the state financial loss and to give deterrent effect. Yet, the judge's verdict raises problems: Why do the judge's verdicts related to subsidiary fine penality by imprisonment penalty tend to vary and inconsistent in length of the imprisonment. The purpose of the study is to identify and analyze the judge's consideration in determining various and inconsistent subsidiary fine penalty by imprisonment. The research applied normative juridical method by relying on primary and secondary legal materials. The results show that: 1) judges do not specifically regulate fine penalty or subsidiary in terms of imprisonment penalty. The large amount of fine penalty does not equal to the relatively short imprisonment which does not result in a deterrent effect. 2) There is no limit to the length of imprisonment for a short sentence. Thus, it is suggested that proportional regulation is required between fine penalty and imprisonment penalty subsidiary for restoring state financial loss.Keywords: fine penalty, imprisonment penalty subsdiary, judge's verdict
CONFLICT BETWEEN FISHERMEN IN MADURA; CAUSES AND SOLUTIONS Winarwati, Indien; Hasanah, Uswatun
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.2016.16.2.559

Abstract

Low productivity leads to competition among fishermen to get fish catches are becoming increasingly stringent because the regime of fish resources management is open (open access). These conditions are prone to conflict. This research is normative-qualitative research, design and method are combination of normative research methods and sociological research methods. There were many factors that cause conflicts between fishermen in Madura that erroneous perception about the ownership of the sea, differences in use of fishing tool, and violations of fishing area. The Conflict is resolved between the head of the fishermen's group, which was attended by village officials and community leaders. If that not works, the village officials will involve Pol.Airud, KAMLA, and the Department of Fisheries and Marine Affairs, and the results are set forth in the form of a written agreement. Keywords : conflict between fishermen, causes of conflict, resolution of conflict, Madura 
ADMINISTRATIVE SANCTIONS OF LICENCE VIOLATION IN THE FIELD OF PROTECTION AND ENVIRONMENTAL MANAGEMENT ON DISTRICT/ CITY IN CENTRAL JAVA PROVINCE Endah Pujiastuti; Dewi Tuti Muryati
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.2018.18.1.604

Abstract

The Government of Indonesia has established policy to provide protection and environmental management. for the effectiveness of law enforcement, the government has a policy to supervise and give administrative sanction if there is a violation of licensing on the protection and management of the environment. This legal research analyzes policy on administrative sanctions against abuses of licensing protection and environmental management by using statute approach and qualitative analysis. Based on research result, it shows that the policy refers to the Law Number 32 of 2009 on the Protection and Environmental Management. For the implementation of the policy,  it will be published in accordance with the needs of each region in the form of local regulations which includes the administrative sanctions in the field of environmental protection and management. Keywords: administrative sanctions, environment, local government.
REGULATION URGENCY OF CLIMATE CHANGE REFUGEES PROTECTION IN THE PERSPECTIVE OF INTERNATIONAL LAW Wartini, Sri
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.2017.17.1.706

Abstract

change. The refugees are not categorized as refugees under the Refugees Convention 1951 since they are not caused by persecution. Thus, it is necessary to find out a solution based on international law to provide legal protection to them.  The aim of the research is to analyse comprehensively the urgency of legal protection to the climate change refugees and to find out an appropriate legal protection to them. The paper is a normative juridical research by employing conceptual and comparative approach. The paper is analysed qualitatively and presented descriptively. The results show that: First,  there is a legal vacuum of the protection of climate change refugees ; second, it is necessary to regulate a legal protection to the climate change refugees since they become the victims of climate change.Key Words: Climate change refugees, global warming and urgency
JUDGE’S DECISION ON WORK TERMINATION DISPUTE IN INDONESIA AFTER CONSTITUTIONAL COURT DECISION NUMBER 37/PUU-IX/2011 Neni Vesna Madjid; Saldi Isra; Kurnia Warman; Mardenis Mardenis
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.2018.18.2.2029

Abstract

Testing the provision of Article 155 section (2) Law Number 13 of 2003 on Manpower has been decided by the Constitutional Court (CC) through decision Number 37/PUU/IX/2011. Prior to the Constitutional Court decision, there are many various interpretations of undetermined clause. The Constitutional Court firmly states that the undetermined clause must be interpreted as “having a permanent legal force ".This study aims to analyze how the judges dismissed dispute of work termination cases in Indonesia after the decision. The research applied juridical normative method  by using secondary data literature such as legal documents, previous studies and other references which are relevant to the judges' decision within the Supreme Court after the Constitutional Court decision. Based on the analysis temporary result, the judges within the Supreme Court in 3 regions (Padang, Pekanbaru and Jakarta Pusat) and the Supreme Court itself are not practically guided by the Constitutional Court decision. It obviously results in the lack of legal certainty for the parties, especially workers.Keyword: Constitutional Court, Industrial Relation Court, Interpretation, Supreme Court.