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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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LOCAL WISDOM FUNCTIONALIZATION FOR REGIONAL LAW ENFORCEMENT IN FISHERIES MANAGEMENT Josef M Monteiro; Jimmy Pello
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.2017.17.1.618

Abstract

Law enforcement for fisheries management violations in East Flores, East Nusa Tenggara province has not been effectively implemented. It is proven in recent years, violation’s cases of fisheries management is significantly high. This study examines how local wisdom values of indigenous society overcome the ineffective law enforcement for fisheries management violations. This paper employs normative juridical approach and was carried out by identifying and collecting customary law principles which govern fishermen’s attitude. The results show that law enforcement has not been effectively implemented to solve fisheries management violations in terms of the structure, substance and culture of law. To overcome this, it requires functionalization of local wisdom values that have been proven to alleviate marine resources damage by fishermen. Functionalization of local wisdom values is conducted by establishing a partnership between law enforcement and traditional authorities to institutionalize and integrate values system, cultural traditions, and customary penalty to have formal mechanisms of law enforcement.Keywords: local wisdom, law enforcement, fisheries
THE URGENCY OF INTERNATIONAL INVESTMENT AGREEMENTS (IIA) AND INVESTOR-STATE DISPUTE SETTLEMENT (ISDS) FOR INDONESIA Sefriani, S
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.2018.18.2.1961

Abstract

In recent years, there has been an increasing number of claims through investor state dispute settle-ment (ISDS) proposed by foreign investors to the host states. This has prompted some states review their international investment agreements (IIA) and their ISDS clauses. Indonesia has terminated many of its Bilateral Investment Treaties (BIT) as well. The research questions are 1) How is the urg-ency of IIA and ISDS for Indonesia; and 2) What kind of IIA and ISDS format that Indonesia should make to balance the state’s and foreign investor’s interest. The analysis results conclude that the existence of IIA and ISDS remains urgent for Indonesia, but it takes changes in terms of format like the new models made by many other host states. They involve redefinition of multi-interpretative terms and the exhaustion of local remedies. In addition, the non-automatic and mutual agreement ISDS arbitration which excludes the MFN clause should also provide the state's flexibility to protect the people’s prosperity through non-discriminating regulations.Keywords: IIA; ISDS; foreign investment
THE EXISTENCE OF ADAT LAND POST-ENACTMENT OF LAW NUMBER 6 OF 2014 ON VILLAGE Sri Hajati; Oemar Mochthar; Sri Winarsi
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.2016.16.3.707

Abstract

Post-Enactment of Law No. 6 Year 2014 on village, a village is divided into two: villages and adat villages. Adat village may have adat land assets. The law will not be explained in more detail, in addition to the Regulation of the State Minister of Agrarian/Head of National Land Agency No. 5 Year 1999 which was repealed in 2015 resulting in a legal vacuum in the regulation of traditional dispute resolution. This research apllied statute and conceptual approach while the analysis was conducted qualitatively, by pointing to the principles and procedural law as well as analyzing the various factors of social, economic and political process and procedural subtantive resolution of cases. The causal factors do not explain the existence of adat land which is not accommodated by local regulations as an obligation for local governments to undertake research and data collection ulayat lands in their area, as mandated by Law No. 23 Year 2014 which was confirmed by Regulation No. 38 of 2007 and Law No. 6 Year 2014.Keywords: Village Government, Ulayat Land Rights, Society
CHALLENGES IN CORRUPTION ERADICATION Agus Raharjo
Jurnal Dinamika Hukum Vol 15, No 1 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.1.2093

Abstract

The government of Joko Widodo - Jusuf Kalla at the beginning of this year is faced a fairly complicated issue related to the eradication of corruption. Corruption eradication’s program which is launched by the goverment, really tested well with many variety of incident that shocked the law enforcement against corruption. A brave way of Corruption Eradication Commission (KPK) establish Police Commissioner General Budi Gunawan as the suspects, get a praise from the public, but he gets a resistance from the police institution. This reaction is reasonable because the Commissioner General Budi Gunawan is a police officials who already have a KPK radar connection related to the fat bank accounts.......
CONCURRENT REGIONAL ELECTIONS PHENOMENON AS A POLITICAL RECRUITMENT IN INDONESIA Dedi Mulyadi
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.2018.18.1.843

Abstract

Concurrent regional election is a phenomenon in local democracy development in Indonesia. Many Efforts are performed to political recruitment. Yet, the implementation among expectations, aspirations and reality are frequently impaired proven by many problems in the implementation of the local democracy itself. The research applied normative juridical approach by identifying the problem in for complete background of the implementation of concurrent regional elections in Indonesia, its problems and solution. This research is expected to generate specific alternative insight through formulation of policy. It is expected to be a solution of any concurrent regional elections problems, a permanent rather than ad-hoc concept for the regional election, and a formulation of general regulation (lex generalis) on election which summarizes the present election regulation (lex specialist). These changes are internalized in continuing learning concept that can create academics, practitioners and technocrats on election. Keywords:   democracy, local democracy, political positions, regional election and political recruitment.
LOCAL WISDOM OF SEDULUR SIKEP (SAMIN) SOCIETY’S MARRIAGE IN KUDUS: PERSPECTIVE OF LAW NUMBER 1 YEAR 1974 ON MARRIAGE Hartanto, Dwiyana Achmad
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.2017.17.2.723

Abstract

The research entitled “Local Wisdom of Sedulur Sikep (Samin) Society’s Marriage in Kudus: Perspective of Law Number 1 of 1974 on Marriage” tried to reveal marriage practice of Sedulur Sikep (Samin) society in Kaliyoso, Karangrowo Village, Undaan Sub district, Kudus Regency. This research aims to (1) Find out the causal factors of why Sedulur Sikep (Samin) society in Kaliyoso, Karangrowo Village, Undaan Sub district, Kudus Regency unregister their marriage, (2) Discover the importance of marriage registration and find out the consequence of unregistered marriage. This research applied sociological juridical approach or empirical law research. The result of this research shows that Sedulur Sikep (Samin) society in Kaliyoso, Karangrowo Village, Undaan Subdistrict, Kudus Regency does not register their marriage since their custom or local wisdom does not recognize it which means that marriage registration is not an obligation. Marriage registration is crucial since it provides legal assurance toward any legal consequences appears due to marriage.                Keywords: local wisdom, marriage, sedulur sikep
THE SHIFT OF KARO ADAT INHERITANCE LAW ON DAUGHTER AND WIDOW’S PORTION Rosnidar, Rosnidar; Afrita, Afrita; Zulkifli, Zulkifli
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.2016.16.3.582

Abstract

Supreme Court Verdict No. 179 K/Sip/ 1961 states that son and daughter have equal portion of inheritance. Then, the Supreme Court Verdict No. 100 K/Sip/1967 stated that  a widow is the recipient of her deceased husband’s legacy. The research formulates the following questions; What is the status of a daughter and widow in relation to the inheritance of her parent/ husband legacy in Karo communities after the Supreme Court Verdict No. 179 K/Sip/ 1961 and Supreme Court Verdict No. 100 K/Sip/ 1967 that have been implemented? How does the inheritance law develop recently? These questions will be addressed empirically by a descriptive analytical method. The shift of adat inheritance law occurs post Supreme Court Verdict No. 179 K/Sip/ 1961 which puts the equal right for both son and daughter. Besides, the post Supreme Court Verdict No. 100 K/Sip/ 1967 states the widow is the recipient of her deceased husband’s legacy.Keywords  : Karo adat inheritance law, daughter/widow, Supreme Court Verdict
IMPLEMENTATION OF NON-COMPETITION CLAUSE AS THE BASIS OF TRADE SECRET PROTECTION IN INDONESIA Sartika Nanda Lestari; Sakhiyatu Sova; Rinitami Njatrijani
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.2017.17.3.1278

Abstract

 Each company has trade strategies that should not be known by other parties; therefore, Trade Secret is necessary to protect them. Trade secret emerges from an agreement between employees and company, one of which is by implementing Non-Competition Clause in that agreement. This article accordingly discusses how the implementation of Non-Competition Clause and the legal consequence of the implementation of Non-Competition Clause as the form of trade secret protection. Regarding the issue discussed in this paper, the result shows that the implementation of Non-Competition Clause in employment agreement must be conducted based on Trade Secret Law which causes legal consequence like employees prohibitions as an effort to keep their commercial in confidence. However, the implementation of Non-Competition Clause has not been effectively implemented for there is no detailed explanation in the agreement resulting in the different clause interpretation between company and employees. Therefore, it is necessary to have separated and detailed regulation concerning Non-Competition Clause in the employment agreement.Keywords: non-competition clause, employment agreement, trade secret
THE IMPLEMENTATION OF THE PRINCIPLE OF INTEGRITY IN THE LEGISLATION RELATING WITH THE PROTECTION OF ULAYAT RIGHT ON ADAT LAW COMMUNITIES Dian Arianto
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.2016.16.2.565

Abstract

This study aims to identify and analyze the implementation of the principle of integrity in the legislation relating with the protection of ulayat rights on adat Law communities. This study used normative juridical approach. The results showed that the agrarian law as a basic reference settings related to the Natural Resources in relation to the Ulayat Rights with other regulations, particularly in Law No. 41 Year 1999, Law No. 6 Year 2014, Presidential Decree No. 71 Year 2012, and Regulation of the Ministry of Home Affairs No. 52 Year 2014 and Regulation of the Minister ATR/KBPN No. 10 Year 2016 shows the lack of synchronization substance and structure as the elaboration of the principles of integrity as mandated by the TAP MPR No.XI/MPR/2001 Keywords : the principle of integrity, ulayat rights, adat Law communities, legal protection
SUSTAINED CHARACTER BUILDING THROUGH LITERATURE FOR COLLEGE STUDENTS IN INDONESIA Hariyanti, Tatit; Sudjito, Sudjito
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.2018.18.1.1707

Abstract

This article aims at promoting sustained character building through literature especially for college students in Indonesia. Till present, the character building has been restricted to the embedment of good virtues to children and adolescents. The majority of existing studies and researches, therefore, tend to focus their attention on such limited area. Character building ought to be a sustainable effort halted not when one finishes his/her study at elementary or intermediate grades. It should be maintained all life long. There are two highlighted problems which are going to explore in this paper: first, why literature is still considered to be one of the effective media to establish sustained character building for college students and second, what appropriate Instructional Strategies to conduct such effort are. The result shows that literature is still effective due to its natural characteristics, its wide spectrum, and its dynamically broadened functions. Under the conviction that the students have already been undergoing the process of embedment of some core values before, the given literary works containing, elaborating and questioning or challenging the given embedded values are taken to be the source of discussion. The instructional strategies cover discussion, debate, seminar, film appreciation, and creative writing.Keywords: character building, instructional strategies, literature, sustained

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