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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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LEGAL ASPECT OF ELECTRONIC MEDICAL RECORDS Edi Wahjuni; Nuzulia Kumala Sari
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.2017.17.3.1079

Abstract

 Electronic medical records are needed in healthcare facilities for the hospital’s complete, accurate and real-time data required to improve an optimum, efficient and integrated health care. Electronic documents can be used as legal evidence based on Article 5 paragraphs (1) and (2) of Law Number 11 The year 2008 on Electronic Information and Transactions stating that electronic documents are legal evidence that is lawful and they are the expansion of legal evidence. Electronic documents are considered valid if the system is in accordance with the provision of Article 5 paragraph (3) of Law Number 11 The year 2008 on Electronic Information and Transactions.Keywords: evidence, electronic and medical records  
LEGAL DYNAMICS AND IMPLEMENTATION PROBLEMS OF JUDICIAL REVIEW AUTHORITY IN THE SUPREME COURT Janpatar Simamora
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.2016.16.2.490

Abstract

This paper is intended to find out how the development of settings as well as problems of imple-mentation of judicial review authority of the Supreme Court. Based on the development the settings, the Supreme Court has long had the judicial review authority. Correspondingly, there is a develop-ment setting judicial review authority through a number of regulations. However, in practice, there are a number of problems. First, in terms of regulation, not reflecting the comprehensive procedu-ral law. Second, in terms of judicial review case handling process, has not shown that there is trans-parency. Therefore, it should be repair, so that the implementation of such authorities take place optimally and able to offset the reputation of the Court. Keywords: judicial review, judicial institutions, Supreme Court
LAW HARMONIZATION ON HEIR RESPONSIBILITY OF PERSONAL GUARANTOR IN BANKRUPT COMPANY Lenny Nadriana
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.2018.18.1.1469

Abstract

The heirs who are taken as bankruptcy debtor is based on the court's decision Article 1826 BW, as a result, the inheritance and their personal property shall be carried out as public confiscation under Article 1 paragraph 1 of the Bankruptcy Law. This research employs normative juridical research method. Public confiscation includes all of debtor’s wealth that will be bankruptcy boedel. Whereas Article 209 the Bankruptcy and PKPU Law stipulates the separation of inheritance boedel and personal property of the heirs. This disharmony among Article 1826 BW, Article 1100 BW, Article 209 Law of Bankruptcy and PKPU (debt postponement petition) require harmony through revision. The revision through bankruptcy law and PKPU comprehends liability limitation of heir as bankruptcy debtor to pay the debts as well as the separation of heir personal property and the inheritance.Keywords: law harmonization, heirs, personal guarantee. 
QUO VADIS THE ASEAN ROLE IN NATURAL DISASTER MANAGEMENT IN SOUTHEAST ASIA Natalia Yeti Puspita
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.2017.17.2.665

Abstract

The threats of natural disasters may happen anytime without recognizing national borders. Southeast Asia is an area which is prone to natural disasters. Every year ASEAN both as an interna-tional organization and its members encounter challenges to natural disaster management which is frequently beyond the country capability. This study is descriptive-analytic normative legal research which focuses on the secondary data as the main data. The finding of this study reveals that country is the main actor in natural disaster management based on primary state responsibility principles. The role of ASEAN is only limited to coordinate and facilitate cooperation among parties in providing humanitarian assistance when the natural disaster occurs. The aid has to get approval from the country which suffers from natural disaster. The role of ASEAN is conducted by AHA Center based on AADMER implemented on 2009.Keywords: ASEAN, Southeast Asia, natural disaster management
SETTING OF PLANTATION LAND AREA LIMITATION BASED ON SOCIAL FUNCTION PRINCIPLES OF LAND CULTIVATION RIGHTS TO REALIZE SOCIAL WELFARE-PROMOTING PLANTATION Lego Karjoko
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.2017.17.1.606

Abstract

The existence of large plantations in Indonesia has proven the failure of individualism value to uphold agrarian justice. This study aims to examine regulations regarding to the land ownership which contradicts with social function principles of Land Cultivation Rights (LCR) and provide recommendation for setting the land ownership which can realize land utilization for plantation ideally. This study employs normative legal research method by statute and conceptual approach. The legal materials were analyzed by inductive, deductive and interpretative syllogism. The results of this research are as follows. First, regulations on Site Permit, Plantation Operation Permit and Release of Forest Area for Plantation based on utilitarian justice and concentrative land ownership are not in accordance with social function principles of Land Cultivation Rights (LCR). Second, the setting of maximum ownership for plantation companies should be based on their type of plants and given fully assets that enable the plantation companies to use the land optimally.Keywords: Land Cultivation Rights, cultivation land area, people’s welfare 
LAW ASPECT IN TREATING ILLEGAL MINING CASE OF MINERAL C IN PATI REGENCY S Suyoto; Dwiyana Achmad Hartanto
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.2018.18.2.1602

Abstract

The research entitled "Law Aspect in Handling Illegal Mining Case of Mineral C in Pati Regency" is motivated by the increasing illegal mining of mineral C. It causes environmental damage, air pollution, licensing violation and tax. The research focus is limited to: (1) What are the influencing factors of illegal mining of mineral C in Sourthern Kendeng and Northern Kendeng mountains in Pati regency? (2) How to treat illegal mining case of mineral C in illegal areas of Southern Kendeng Mountain Area and Northern Kendeng Mountains in Pati Regency ? It applies sociological juridical approach. The results of the research showed: (1) Factors affecting illegal mining of mineral C in illegal areas of Southern Kendeng Mountain and Northern Kendeng Mountains include legal culture, legal structure and legal substance; (2) The treatment of illegal mining cases in the Southern Kendeng Mountains Area and the Northern Kendeng Mountains are conducted both penal and non penal.Keywords: Treatment, Mineral C, Illegal, Pati Regency
COLLABORATIVE (PARTNERSHIP) AS A FORM OF "RESTORATIVE JUSTICE" IN CONFLICT RESOLUTION FOREST RESOURCES MANAGEMENT Agus Surono
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.2016.16.3.648

Abstract

Conflict management of forest resources among communities around forest areas often occur in various regions, particularly in some national parks and forest management as Perhutani in Java and Inhutani outside Java. These conflicts indicate the forest resources management has not effectively made a positive impact in improving communities welfare around forest areas. Although the provisions of Article 3 in conjunction with Article 68 of Law No. 41 of 1999 on Forestry, provide the basis for communities around the forest rights of forest areas, but in reality there are still people around forest areas that do not enjoy such rights and it is this which often leads to conflicts in the management of forest resources. In the event of conflict, the solution can be done collaboratively (partnership) which is one form of restorative justice is an alternative dispute resolution (ADR).Keywords: collaborative, conflict, restorative justice, forest resources.
HOW THE ELITE ARBITRATES (LAW AND POLITICS) Raharjo, Agus
Jurnal Dinamika Hukum Vol 15, No 2 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.2.2092

Abstract

There were two notable events in the history of law enforcement in Indonesia. First, regarding with the old story that was often written in this section, namely the eradication of corruption; and the second was an event that seemed became institutionalized in the form of split within the party after the congress. The first issue certainly could not be separated from the previous events, in which the resistance of National Police (Polri) against the establishment of Police Commissioner General Budi Gunawan done by other channels, namely through the pre-trial. Many were hoping the court did not pass the pre-trial plea for establishing the status of a suspect on the Police Commissioner General Budi Gunawan because of the criminal procedural law, pre-trial plea for setting the suspect did not exist or was not regulated. After all the efforts made by Police Commissioner General Budi Gunawan was not in accordance with the spirit of anti-corruption that were inflamed and became one of the government work program Joko Widodo - Jusuf Kalla.......
PLURALITAS METODE PEMBERIAN SUARA: DISHARMORNI TRADISI LOKAL DALAM MEWUJUDKAN INKLUSIVITAS PEMILU Devi Darmawan
Jurnal Dinamika Hukum Vol 14, No 3 (2014)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2014.14.3.1824

Abstract

Procedural rules of electoral law require the application of the principle of equality in the electoral process. Ironically, The Constitutional Court has created the plurality law about voting methods in electoral districts through a legalized traditional value of the local society. The problematic appears when its methods couldn’t fulfill the principle of democratic elections and also increase the potency to set the electoral law at deviance, especially in the voting stage. Therefore, without any intention to neglect the existence of traditional local cultures, this paper will explain the relevance of plurality law about voting methods towards creating the inclusiveness in an election process.Keywords: Democratic Electoral, Plurality Law, Voting Methods
THE POSITION FILLING OF PRATAMA HIGH LEADERSHIP IN CIANJUR REGENCY UNDER GOOD GOVERNANCE CONCEPT Tanti Kirana Utami
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.2017.17.2.726

Abstract

A fundamental change in terms of structuring government apparatus particularly position filling of pratama high leadership in local agencies openly aimed to realize good governance. This paper examines the application of open systems in position filling of pratama high leadership of regional secretary in Cianjur and the government's readiness of Cianjur regency in the implementation of position filling of pratama high leadership (regional secretary). This research applied normative juridical approach by descriptive analysis while the analysis of data used triangulation method. The results of this study are the position filling of pratama high leadership (regional secretary) in Cianjur already introduced an open and competitive system by forming a selection committee to establish and coordinate with the State Civil Administrative Commission in the implementation of the administration and the competence of official candidates. In filling the position of high leadership, a regulation of sanctions and rewards for position of pratama high leadership related to the performance is required.Keywords: position of Pratama high leadership, open system, good governance

Page 42 of 69 | Total Record : 690

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