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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
 39   40   41   42   43 
FORSAKING EQUALITY: EXAMINE INDONESIA’S STATE RESPONSIBILITY ON POLYGAMY TO THE MARRIAGE RIGHTS IN CEDAW N Nurhidayatuloh; F Febrian; Achmad Romsan; Annalisa Yahanan; Martinus Sardi; Fatimatuz Zuhro
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.2018.18.2.810

Abstract

Human rights violation (HRV) occurs when a state including its organs commits HRV to individual within its jurisdiction. International Law has formulated a wide range of human rights law, especially the CEDAW which has been ratified through Law No. 7 of 1984. However, the law has not been applied properly. This article aims to examine HRV committed by a state which caused inability or unwilling to amend polygamy Law. Based on normative research, analysis to Article 2(f) of the Convention applies a viewpoint equality and state responsibility theories. Through this method, international conventions will be opposed to national provisions, Polygamy regulation. It is found that Indonesia through Polygamy regulation performs discrimination against woman’s rights. It can be stated that Marriage Law treats men and women unequal. It concludes that, as a state, Indonesia should responsible for HRV because the main problem of inequality is discrimination rooted from Polygamy regulation.Keywords: equality, human rights violation, non-discrimination, polygamy, state responsibility
RESPONSIBILITY OF THE STATE IN SOLVING CONFLICT AMONG RELIGIOUS PEOPLE (RESEARCH CONDUCTED IN CENTRAL JAVA Rini Fidiyani
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.2016.16.3.780

Abstract

Freedom of choosing/believing religion/credo is a right guaranteed by the state (Article 28 E point (2) UUD 1945). Nonetheless, that freedom has become a mere myth since the state involves in violation against the freedom of religion/credo towards the minorities in solving their conflict in several places, particularly in Central Java. This research investigates the responsibility of the state towards that conflict using normative and empiric law approach as problem-solving methods. The result of this research  shows several things. First, there found unfairness in the state in solving conflict amongst religious people; Second, there found an involvement from certain religion follower (which supported by the state servant) in conflict amongst  religious people and in other violation against the freedom of religion; Third, it has not been unclear the acts of responsibilty from the state about their behaviours; and Fourth, there found no any way for the victims towards state’s behavior, to claim their rights. To solve the problem, it needs to be arranged in a normative or politic way about how the state takes responsible in dealing with conflict amongst religious people, either as a mediator or as the perpretator of discrimination or the offender of freedom of religion. Besides, we need also to find some ways for the victim to defend their rights and their freedom.Key words: freedom of religion, conflict, discrimination, responsibility of the state.
Pemilu: Pestanya Rakyat atau Politisi? Raharjo, Agus
Jurnal Dinamika Hukum Vol 14, No 1 (2014)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2014.14.1.2096

Abstract

Tahun 2014 dianggap sebagai tahun politik, yang ditandai dengan adanya dua perhelatan besar bangsa berupa pemilihan umum untuk anggota legislatif baik pusat maupun daerah dan pemilihan presiden dan wakil presiden. Pemilihan umum biasa disebut pesta demokrasi, karena pada pemilu itulah rakyat berlomba-lomba menentukan pilihan terhadap partai maupun orang atau individu yang dipercaya dapat membawa aspirasi mereka pada ranah legislatif. Harapan yang mulia tersebut patut untuk diperhatikan mengingat dalam iklim demokrasi perwakilan tak memungkinkan rakyat mewakili diri sendiri ikut dalam proses menentukan nasib bangsa dan negara di lembaga legislatif.......
HARMONIZATION OF PROTECTION PRINCIPLES OF MIGRAN WORKERS’ RIGHT TO HEALTH IN THE EFFORT OF ASEAN UNIVERSAL HEALTH COVERAGE IMPLEMENTATION Muhammad Asphian Arwin; Aktieva Tri Tjitrawati
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.2018.18.1.1656

Abstract

Millions of workers migrate within ASEAN countries each year. Malaysia, Singapore, Thailand and Brunei Darussalam as recipient countries while Indonesia, Philippines, Thailand, Cambodia, Laos and Vietnam as senders of migrant workers. Migrants, who work in both formal and informal sectors, play important roles to increase national income for both sender and recipient countries, unfortunately, they lack of welfare distribution including health insurance by both countries. This research is aimed to find an alternative solution to the problem by proposing the concept of UHC implementation in ASEAN. In the context of ASEAN law, all ASEAN people could enjoy rights of health insurance from ASEAN countries. This research is a normative research, using conceptual and statute approach. The result of the analysis is expected to generate concepts which can be underlying the arrangement of public health insurance in ASEAN countries, subsequently, to be used as material for drafting the ASEAN UHC. Keywords: protection principle, migrant workers, health care
THE IMPORTANCE OF TAX AMNESTY POLICY IN EFFORTS TO OVERCOME TAX EVASION IN INDONESIA Imas Sholihah
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.2016.16.3.598

Abstract

Fundamental problems of taxation in Indonesia is a low tax ratio and management of the tax systemhas not been well ordered, especially the handling of the tax evaders. Tax amnesty policy is presentas one of the solutions of the problems of taxation and is part of the tax reform. There are pros andcons to this policy as it pertains to the settings in the Tax Forgiveness Act is considered less sense offairness and legal certainty and are vulnerable to abuse of authority. This policy became importantalthough it is less sense of fairness if the review facilities subject to tax amnesty even though thestate would get the revenue the state in large numbers in a short period of short-term benefits, butif managed by the management and human resources professionals, socialization, and optimizedcontrol, a long-term positive impact to minimize state income tax evasion.Keywords: tax amnesty, policy, tax evation (avoidance)
PSEUDO-DEMOCRACY Agus Raharjo
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.2017.17.1.2087

Abstract

Simultaneous regional election is a happening legal issue in early 2017. It involves 102 regions which consist of 94 districts/cities and 8 provinces conducting the elections. In the context of autonomy, the sustainability of regional elections is an attempt to seek an aspirative, accommodative and progressive leader profile. Leadership figures which are close to society become the key of success for development and empowerment of the region by its characteristics.....
IMPOSITION OF NATURE AGAINST MATERIAL LAW UNDER JUDGE VERDICT OF CYBERPORN CASE IN EAST JAVA Hwiian Christianto
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.2017.17.3.915

Abstract

Cyberporn case has become a challenge for the Judge in East Java jurisdiction to fulfill legal provisions and uphold the law in the society. The problem appears on the meaning of nature against the material law itself under judge’s consideration and the measurement used to determine that a judge has imposed nature against the material law. In order to decrease the problem, research method of socio-legal is used to analyze the basic law of imposition of nature against material law associated with the use of nature against the material law by a judge in examining and deciding a case. The result of the research shows that judge considers nature against the material law in giving a verdict for cyberporn case. Judge’s consideration of norms of morality is based on religious aspect, culture and the development of people’s condition. Judge’s verdict also includes socio-juridical which is automatically accepted by the society.Keywords: nature against material law, judge, cyberporn
FINANCING RISKS OF MICRO, SMALL, AND MEDIUM ENTERPRISES (UMKM) WITH COOPERATION PATTERNS BETWEEN ISLAMIC BANK AND BAITUL MAAL WA TAMWIL (BMT) Shomad, Abdul
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.2017.17.1.808

Abstract

Islamic Credit Unions and Baitul Maal Wa Tamwil (BMT) are part of Islamic micro finance as an effort of lower class society empowerment which is operated based on profit and loss sharing principle and implements Islamic moral values and group solidarity. This research discusses characteristics of cooperation patterns between Islamic bank and BMT in financing UMKM costumers and who would bear the financing risks of UMKM be. This research is doctrinal and applies both statute approach and conceptual approach. The result of this research shows that the characteristics of cooperation patterns between Islamic bank and BMT in financing UMKM costumers are identified by applying mudharabah muqayyadah contract between Islamic bank and Baitul Maal Wa Tamwil as shahibul maal while customers as mudharib. It is shahibul maal to bear risks as capital owner.Keywords: financing, Islamic bank, Baitul Maal Wa Tamwil
SUBSEQUENTLY AQCUIRED ASSETS AS FIDUCIARY SECURITY ON BANK LOANS Usanti, Trisadini Prasastinah
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.2016.16.2.581

Abstract

Collateral in terms of subsequently acquired assets namely subsequently acquired credit might be charged with fiduciary security. This collateral is not considered ideal regarding the high risk a bank must take. To minimize the risks, the bank analyzes the credit thoroughly, impose fiduciary security officials perfectly and performs monitoring of credits regularly to avoid misconduct committed by the debtor. If a default occurs, the bank will take over the assets. Nevertheless, the problems of execution on the subsequently acquired credits might arise due to debtor's default and bad debts to the third party. Consequently, subsequently acquired assets as collateral provides as additional collateral.Keywords: bank, subsequently acquired objects, fiduciary, security, loans.
LEGAL PERSPECTIVES ON SOCIO-ECONOMIC STATUS OF WOMEN IN AZAD JAMMU AND KASHMIR Sardar M.A. Waqar Khan Arif
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.2018.18.2.1902

Abstract

This article focuses on legal perspectives of women’s social and economic status in Azad Jammu and Kashmir (AJK). The bulk of international human rights  instruments provide that human rights are available to ‘everyone’ as grounded in Universal Declaration of human rights (UDHR), (1948) and other human rights instruments. In relation to women, economic, social and cultural (ESC) rights are specifically grounded in UDHR, Women’s Convention and the International Covenant of Economic, social and cultural rights (ICESCR), (1966). In this context, this paper analyses relevant provisions of women’s rights in order to highlight obligations of AJK pertaining to protection of ESC rights. It discusses the ESC status of women with linkage to Millennium development goals (MDGs). It aims to discuss that what are socio-economic conditions of women in AJK? Is there any pattern of vulner-ability in this respect? In general, ESC rights are considered as mere aspirations and goals therefore the Maastricht guidelines are also formulated. The argument developed throughout article is that though AJK is not a State but is state-like entity and has its human rights obligations, in particular, ESC obligations for promotion and protection of women. The women in AJK are vulnerable and may be empowered by promotion of ESC rights. Keywords: ESC rights, women in AJK, human rights  

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