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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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ANALYSIS OF CONSTITUTIONAL COURT VERDICT NUMBER 14/PUU-XI/2013 ON THE PRESIDENTIAL THRESHOLD S Suparto
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.2016.16.3.523

Abstract

In judicial review on Article 9 of Law No. 42 of 2008 on Election of President and Vice-President which regulates presidential threshold, the Constitutional Court declined it since it is an open legal policy mandated by Article 6 paragraph (5) of the 1945 Constitution that the administration of President and Vice-President election will be further regulated in a Law. This reason is deemed insufficient as the Article 6 paragraph (5) regulates procedures (phases of the process), not requirements for candidates of President and Vice President to be eligible on participating in the election. Moreover, Article 9 of Law No. 42 of 2008 potentially expands the norms as stipulated in Article 6A paragraph (2) of the 1945 Constitution in which the candidates for President and Vice President shall be nominated by a political party or coalition of political parties participating in the election prior to the election without any other frills (the threshold).The term presidential threshold that is being used up until now is actually incorrect term; instead, presidential candidacy threshold should be considered as the more appropriate term.Keywords: Presidential Election, Presidential threshold, Constitutional Court Verdict.
PEACEFUL LOCAL ELECTION, PEACEFUL INDONESIA Agus Raharjo
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.2016.16.3.2088

Abstract

Simultaneous Local Elections (Pilkada) of the second phase will start soon. Stages of the campaign is not yet started, but the tricks and intrigue,strategies and programs race, had begun even before the start flag hoisted. The indication of this simultaneous local elections of the second phase is more crowded, have started to appear on the action of campaign team and supporters......
INTERGRATED ENVIRONMENTAL LAW SYSTEM STRATEGIES TO ADAPT CLIMATE CHANGE IMPACT FROM ENERGY RESILIENCE IN INDONESIA Maret Priyanta
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.2017.17.3.932

Abstract

Climate change issues are solicitous and affect every nation due to its impact on human living and other living things. International cooperation through the international convention on climate change such as United Nations Framework Convention on Climate Change needed as an effort for finding the solution for the problem especially the legal aspect. Energy as resources is identified as one of the sources directly contributing to global warming. As a part of the environment, energy resilience needs to support Indonesia commitment to the global society. This paper describes the academic perspective in environmental law by applying principle and norm approach to analyze the climate change issues in Indonesia related to energy resilience. The recommendation analyzes the issue based on legal research with a descriptive analytical methodology to describe the comprehensive idea about the problem and solution in climate change issues and environmental law in Indonesia law system perspective.Keywords: Climate, Energy, Environmental, Law, Resilience.
LOCAL COMMUNITY PARTICIPATION ON INTELLECTUAL PROPERTY RIGHTS PROTECTION OF CIREBON BATIK Josefhin Mareta
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.2017.17.1.533

Abstract

Legal protection of batik art owned by local communities cannot be totally implemented in the legal system of intellectual property rights. The implementation of legal awareness by batik artisans in protecting the traditional knowledge and use of legal effort for the protection of intellectual property is still low. This study was conducted to analyze the participation of local people in the protection of intellectual property rights of Cirebon batik. This study employed qualitative research methods. Based on the results of the study, it is concluded that Cirebon local government have provided legal counseling on the protection of intellectual property rights yet the participation of batik artisans is still low due to the assumption of batik as communal property. Hence, local regulations are necessarily needed to assure intellectual property rights of Cirebon batik.Keywords: Community Participation, Intellectual Property Rights, Cirebon Batik 
RECONSTRUCTION THE PATTERNS OF AUTHORITY RELATIONS BETWEEN HEAD OF LOCAL GOVERNMENT AND SECRETARY OF LOCAL GOVERNMENT ON PROMOTION OF CIVIL SERVANTS Tedi Sudrajat; Zainal Muttaqin
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.2016.16.2.599

Abstract

The pattern of the authority relation between head of local government and Secretary of local government in the promotion of Civil Servants lead into two pattern which are sub-ordination and coordination. Normatively, the position of Secretary is subordinate from Head of local government. Meanwhile, the pattern of coordination is a tiered pattern that puts Secretary as officials who provide recommendations of official candidate to Head of local government as the Trustees of the Local Employment Officer.Both of these relation creates superior position of Head of local government in the terms of promotion of civil servants. To create a proportional authority relation, it necessary pre-requisite form of commitment, orientation of human resources and the use of technology. On that basis, a mechanism must be created to limit the authority of the Head of local government by strengthening the system of merit-based technology.Keywords : position, authority, promotion of civil servants
DIVERSITY: FORTUNE OR MISFORTUNE? Agus Raharjo
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.2017.17.2.2077

Abstract

Anthropologically, Indonesia is rich of diversities. It occupies the largest ethnic groups of the world. On the one hand, diversity is viewed as wealth, pride and goal for other countries to learn tolerance. On the other hand, it is actually latent potentials for national disintegration......
LEGAL INSTRUMENTALISM TO LAW NUMBER 6 YEAR 2014 ON VILLAGES IN WELFARE STATE PARADIGM D. Eka Juli Prasetya; Isharyanto Isharyanto
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.2017.17.3.758

Abstract

This work deliberates legal instrumentalism to gain nonlegal interest. It is commonly known that besides normative framework, a law also integrates nonlegal issues and other interests. Law in macro level is aimed to ideally integrate sub-systems such as economics, politics, and so on.  The existence of Act of Village Number 6 of 2014 which is able to facilitate the idealized nonlegal achievements needs to be confirmed. The welfare state paradigm is used as a benchmark for tracking review of norms as well testing consequences of legal substance. It reveals that provisions Act of Village Number 6 of 2014 achieves its idealized goals indicated by village welfare in terms of authority optimization of authority for the achievement of the welfare state at the village level.Keyword: legal instrumentalism, welfare state, village
LAW ENFORCEMENT FOR DEVELOPMENT ACTIVITIES IN THE COASTAL AREAS OF KUPANG Johana Art Cindy Peny; Jimmy Pello; Umbu Lily Pekuwali
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.2016.16.2.507

Abstract

Coastal zone is a crucial zone because it has a wealth of natural resources of high economic value while at the same time is prone to adverse affects due to interference of development activities. This research is an empirical legal research which examines that there have been various local regulations with which management of the zone must comply but within those regulations themselves there exist contradictory articles. Furthermore,  this research discovered that this was caused by the drafting of local regulations do not consider to environmental aspects in coastal  zone, inaccuracy in the process of local regulations drafting and the strong ego sector so that the Government issued building license by law enforcement officials that deviate much from the existing regulations. The incompliance of which was done for the sake of economic gain without the least consideration about the environmental aspects and proper land use whereas the development in coastal zone should have a strong regulatory foundation and not based on interests of public authority and sheer power. Keywords: Development Activities, Land Use, Coastal zone
LEUIT AND CUSTOMARY VIOLATION IN BADUY (Case Study of Leuit Fire in Cisaban Baduy Village) Yulia, Rena; Prakarsa, Aliyth; Fauzi, Ahmad
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.2018.18.1.1606

Abstract

May 23, 2017, Kampung Cisaban Baduy Luar burned down. A total of 84 houses of Baduy residents and 200 leuits burned. The incident became interesting and important to study. The house should have been distant with leuit so when the house caught on fire, the leuit will not burn. This is an empirical research by using interview and observation for data collection, then presented descriptively. The results showed that the position of leuit with the village is not in accordance with customary law. At first leuit was built away from the village, then the house increased in number. Finally the leuit was built in not in accordance with customary law. As a result, there was a village fire that made leuit burned down. This is a natural reaction to the non-compliance of customary rules regarding leuit distance. However, this accident is deemed as disaster rather than customary sanction. Keywords: food security, leuit, customary violations.
AN ANNULLED AWARD CANNOT BE ENFORCED UNDER THE NEW YORK CONVENTION Faizal Kurniawan
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.2017.17.2.784

Abstract

Arbitral award is final and binding. A concept of “binding” is fundamental in International arbitral award. Nevertheless, the focus commonly concerns about the annulment and/or deferment of International arbitral award so that it could not be implemented. However, the New York Convention does not govern this issue.  In addition, international arbitral awards must meet the following requirements: the award is made in the territory other than conflicting countries, and/ or it is not considered a domestic awards in the State where recognition and enforcement is sought. This is important because the enforcement proceedings between foreign and domestic awards are different. This article elaborates the principles of the recognition and enforcement of a foreign award and the grounds or criteria for refusing to enforce an award are limited to the specific defenses i.e. public policy. The party opposing enforcement bears the burden of proofin the existence of the enumerated defenses.Keywords: binding, annullment, deferment, acknowledgement and enforcement of arbitral award.

Page 44 of 69 | Total Record : 690

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