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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
 38   39   40   41   42 
QUESTIONING THE SMALL-CLAIMS COURT IN INDONESIA IN THE FRAMEWORK OF NATIONAL CIVIL PROCEDURAL LAW REFORM Anita Afriana; isis Ikhwansyah
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.2016.16.3.580

Abstract

One of the alternatives to renew the law is by forming regulations and the litigation institutions that can accommodate the society. In private litigation proceeding, manifestation of ideas in litigation reform can be seen through by the Supreme Court Regulation (PerMA) No. 2 Year 2015. This fast procedural mechanism is called small claims court (SCC). This article discusses the effectiveness of SCC implementation in Indonesia as one of the states that enacts civil law system, and its regulation in order to renew civil law procedures. Research methodology used juridical-normative while the results show that SCC is effectively enacted in Indonesia. The prevailing regulation currently in PerMA is to fill the gap of law, considering that the legislation process takes time to establish an act. Thus, it is best for Indonesia to establish SCC within a certain act in the future, to pursue the unification of law within the regime of private law procedures.Keywords : effectiveness, civil law, small-claims court, renewal of law
THE STATE FATE IN POLIBUSINESSES Raharjo, Agus
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.2015.15.3.2091

Abstract

There is a new tendency in overcoming the problems of the nation. It appears all the stake-holders in this (legislative and executive) have played their role well to cause a decreasing in public trust in them. The case of "daddy needs stock" as the equivalent of the blue-collar crime cases, "mama needs stock" is a cause celebre that dragged the country officials and embarrassing when it is seen from the side of ethics. The tendency means that they create a problem, then published it, and ends with the emergence of a hero who overcomes all problems........
DISPUTE SETTLEMENT NORM OF ESTATE DISTRIBUTION ON ADAT PEOPLE OF MINANGKABAU (WEST SUMATRA) Poespasari, Ellyne Dwi
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.2017.17.3.1284

Abstract

Principally, dispute settlement of estate distribution on Minangkabau People is done by deliberation. If its settlement through deliberation is failed, an effort to solve the dispute through court needs to be conducted. This paper studies first, how is the opinion of judicial institution in the dispute of estate distribution on Minangkabau people; second, how is the implication of estate distribution on Minangkabau people after judge’s verdict. This is normative research with statute approach and case approach. The result of this research shows that there is the possibility of judicial institution’s verdict in the dispute settlement of estate distribution which is contradicted with adat law of Minangkabau (Matrilineal kinship). However, if it is seen from the legal perspective, estate distribution of Minangkabau people after judge’s verdict can be a breakthrough that is able to change the value of old adat law into the new one. Keywords: Dispute settlement, estate distribution, matrilineal kinship.
MODEL OF VILLAGE HEAD ELECTION ARRANGEMENT IN VILLAGE GOVERNANCE LAW Sekar Anggun Gading Pinilih
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.2017.17.2.789

Abstract

This study aims to examine the right model in the arrangement of village head elections after the stipulation of Law No. 6 year 2014 on Village. This research is a normative law research by laws, historical, and conceptual approach. The result shows that a direct and simultaneous election model shall be the solution for the next Village Head Election. Simultaneous election model is designed since it is philosophically considered to make efficiency of the Village Head Elections, in terms of efficiency of budget, time and effort. The principle of this policy is an attempt to create a more equitable simultaneous democratization to minimize the chances of cheating. Since if the elections were not held simultaneously, it would give chance to the outsider to involve. The simultaneous election requires a coherent policy. This coherence will produce an effective synchronization of all types of elections implementation in Indonesia.Keywords: head of village, model, election, arrangement
VICE PRESIDENT TASKS AND AUTHORITIES IN THE CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF INDONESIA UNDER 1945 CONSTITUTION Melan Yusuf Nomleni
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.2016.16.3.402

Abstract

The amendment of Constitution has not met the the life of the nation’s demand, one of which is the  of the tasks and authorities of the Vice President. This sparks multiple interpretations on the role and its legal implications toward the responsibility over the Vice President tasks and. The results show several reasons underlying obscurity of the tasks and authorities regulation of the Indonesian Vice President stated in 1945 Constitution, among which is the Indonesian governance. The obscure regulation of the Vice President tasks and authorities affects on his/her responsibility. Hence, the clear regulation related to the tasks and authorities of the Vice President as President Assistant in performing state governance is required.Keywords : Regulation, Vice President, Authorities 
NURSE’S LEGAL COMPLIANCE ON HEALTH PROMOTION MANAGEMENT SYSTEM IN NURSING PRACTICES (A Study in Ajibarang Regional Public Hospital / RSUD in Banyumas Regency) Saryono Hanadi
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.2017.17.3.1664

Abstract

Recently, most nurses understad the standards and health promotion regulation yet only few implement them. This phenomenon is perceived disadvantageous habit which causes ineffective health promotion and poor health care to the community. Accordingly, this research will discuss the level of nurse’s legal compliance on health promotion standard in nursing care and the influence of motivation and communication on the level of nurse’s legal compliance for health promotion implementation in Ajibarang Hospital. This study applied sociological juridical research by using quantitative and qualitative methods. The results show, legal compliance to some extent is not independent or influenced by various factors. In this study, the non-legal factors that often affect the compliance of law include nurse motivation in implementing health promotion and nurse communication in performing health promotion. Keywords: motivation factor, communication factor, legal compliance, nurse 
LEGAL POLICY OF INVESTMENT GOVERNMENT REFORM IN INDONESIA Darmawan, Agus
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.2016.16.2.564

Abstract

The study aims to find a legal policy model the Indonesian government in the management of government investment in infrastructure financing alternatives towards improving the welfare of all the people of Indonesia. This study uses a normative approach. The results showed that the management of government investment undertaken by the Government Investment Unit as a public service unit is not optimal and governance need to be improved. Legal reform through the establishment of a legal entity sui generis and realignment of authority operators, regulators and supervision in the management of government investment is expected to realize the objectives of the management of government investment as stipulated in Article 41 of Law No. 1 of 2004 on State Treasury. Keywords: legal policy, government investment, and legal reform.
CAUSAL FACTORS OF DISHARMONY ISSUES ON LICENSING COASTAL RECLAMATION IN SAMPANG AND BANGKALAN REGENCIES Rina Yulianti; Mufarrijul Ikhwan
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.2018.18.1.1477

Abstract

 This research is to investigate the contributing factors on the disharmony of licensing coastal reclamation in Sampang and Bangkalan Regencies. Socio legal research approach was used through indepth interviews and observations. The study was conducted in areas with reclamation activities and subsequently considering the relevant documents to analyze as the secondary data. The findings of this research demonstrate factors leading to disharmony of licensing coastal reclamation: the regional government of Sampang and Bangkalan regencies has not synchronized the reclamation policies with the presidential regulation. Reclamation in Sampang and Bangkalan are not based on the Presidential Regulations Number 122 Year 2012 on the Licensing Coastal Reclamation. The license of reclamation in Sampang should have been issued by district or provincial government instead of by the head of village. Reclamation license in Bangkalan should have been issued by the Ministry of Maritime Affairs and Fisheries because it is located in the National Strategic Areas. The fact, it was granted by the local government. Harmonization consequently becomes an important part to construct an integrative law for realizing central and local authority’s conformity in introducing the policy to control of coastal spatial utilization. Keywords: coastal, disharmony, licensing, reclamation.
DEVELOPMENT OF WOMEN POSITION IN THE PATRILINEAL INHERITANCE OF INDONESIAN SOCIETY Elfrida R Gultom
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.2017.17.2.886

Abstract

Patrilineality is a kinship system which is based on paternal line; therefore, the position of men in inheritance law is dominant. Batak, Karo and Bali communities are among those who apply this system. Consequently, this system influences women’s standing in terms of inheritance. This paper discusses women position in inheritance of patrilineal system on those three societies as well as the factors which influence the development of women’s inheritance right. Some principles of this system are maintained while some others change. Several Supreme Court Decisions related to inheritance distribution dispute between men and women have tended to adopt a parental system which gives equality, humanity, justice, and right equality. Supreme Court places women in a neutral position which means that there is modernization which leads to homogeneity, indicating showing equality between men and women as well as providing a significant impact on inheritance law sector in Batak, Karo, and Bali. Keywords: indigenous people, matrilineal, Patrilineal, inheritance, inheritance system
URGENCY OF INTEGRATED ASSESSMENT ON DRUGS CRIME (A Study in Purbalingga Regency) Saefudin, Yusuf; Raharjo, Agus; Budiono, Budiono
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.2017.17.1.818

Abstract

Various rules are formulated to repress the drug abuser and trafficking, one of which is through integrated assessment. The paper explains the philosophy of integrated assessment and implementation of the integrated assessment in Purbalingga Regency. This research is empirical by applying methods of survey, observation, interview and literature review. Data were collected and analyzed qualitatively by descriptive analysis. Based on the research result, integrated assessment is a mechanism designed to differentiate drug abusers and addicts from drug traffickers and also to make treatment plan for the drug addicts and drug abusers. In Purbalingga, integrated assessment has been implemented since 2015. Yet practically several obstacles are identified including assessment request and assessment result is overdue issued, lack of coordination among Integrated Assessment Team, secretary facilities of Integrated Assessment Team is not adequate, infrastructure of rehabilitation place is limited and the programs of rehabilitation do not procedurally run.Key words: Integrated Assessment, Drugs Crime, Penal Meditation

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