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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
 44   45   46   47   48 
CULTURAL APPROACHES IN CYBERPORN CRIME PREVENTION Prima Angkupi
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.2017.17.2.544

Abstract

Limitations of law in cyberporn law enforcement demands the need for non-penal approach as pre-ventive effort to eliminate causes of Cyberporn crimes. This approach includes crime prevention which aims to prevent a crime from being recurred. This approach can be implemented through situ-ational control by active involvement of cultural roles in community. However, it cannot be separat-ed from observing human life variations including childhood, youth, family, school, gender, peer group which play significant role during productive period. Those variations cane be taken as a theo-retical base for cyberporn crime prevention.Keywords: pornography, internet, crime prevention
MODEL OF JUDGES SUPERVISION FOR INDONESIA INDEPENDENT JUDICIAL POWER IMPLEMENTATION Muhammad Fauzan; Riris Ardhanariswari; Ahmad Komari
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.2017.17.1.831

Abstract

Judges supervision in Indonesia’s constitutional system in the future will only be performed by Judicial Commission. Judicial Commission involves Judicial Commission, Provincial Judicial Commission and District/City Judicial Commission based on each authority. The research discusses model of judges supervision to implement an independent judicial power for the future Indonesia. This research is a normative juridical research with statute approach and conceptual approach. The results show Local Judicial Commission has duties and authorities to; First, monitor and surpervise Judges’ behavior. Second, receive report from the people related to the violence of Ethic Code and/or Judges Code of Conduct. Third, verify, clarrify, ad investigate report related to presumption of violation of Ethic Code and/or Judges Code of Conduct covertly. Fourth, take legal action and/or other actions to individual, group or legal entity that degrade the honor and dignity of Judges.Keywords: Judicial Commission, judicial power, supervision
CORPORATION AS THE ACTORS OF FISHERIES CRIME IN INDONESIA Retno Ningsih, Sri Dwi; Supanto, S.; Latifah, Emmy
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.2018.18.2.2067

Abstract

In Indonesia, the Corporation is already recognized as one of the perpetrators of criminal acts in a variety of specific criminal acts and regulations, including in the Fisheries Act. Article 1 paragraph (14) Act No. 31 of the year 2004 jo Act No. 45 of the year 2009 about fisheries States that every person is a person, the individual or Corporation. This research is normative juridical research. The approach used is statute approach.The results showed that in the theory of criminal law, there is some form of the position of the Corporation as the perpetrator of a criminal offence may be subject to iability. The purpose of this study is to examine how the legal position of the Corporation as the perpetrator of the criminal offence of fishing in Indonesia. This research is the normative legal research. The data used are secondary data, while data collection is done through the study of the literature. Data analysis techniques using the deductive approach of law and interpretation.Keywords: corporations, criminal act fisheries
PANCASILA AND RADICALISM: PANCASILA ENCULTURATION STRATEGIES AS RADICAL MOVEMENT PREVENTIONS S Sudjito; Hendro Muhaimin; Agung Saras Sri Widodo
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.2018.18.1.1686

Abstract

Indonesia has defined Pancasila as nation’s ideology which taught people to live with tolerance. Most Indonesian people embraced Islam and some sects such as salafi, wahabi, jama’ah tabligh, ikhwanul muslimin, and hizbut tahrir which offer alternative for Muslim to know and understand in practising Islamic values individually, group or country (Daulah Isamiyah). The emergence of those various teachings organizations become Islam dynamic. Religion (Islam)-based Radicalism movement is deemed to contradict the state ideology, Pancasila. This article tries to examine organizations or Islamic movement which should be tolerable, respect (lakum dinukum waliyadin), and keep the sovereignty of state. Thus, any Islamic movements that are not based on those principles are convinced that they do not come from Indonesian which is identical with local wisdom and plurality. Keywords: ideology, Pancasila, radicalism, Islam, terrorism   
EVALUATION OF LOCAL WISDOM-BASED ATTRIBUTIVE REGIONAL REGULATIONS FORMULATION IN KUPANG REGENCY ferdi ferdianto boimau
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.2017.17.1.463

Abstract

Local wisdom is an essential aspect in formulation of regional regulation including in Kupang regency. This paper aims to determine and describe the implementation of local wisdom in formulating Kupang regional regulation. The results shows that the given attributive regulations do not contain local wisdom which results in ineffective impelemntation since it is not in accordance with aspects of philosophy, sociology, diversity and balance, compatibility and harmony. Based on the analysis, it concludes that the value of local wisdom is not accommodated nor effectively implemented in formulating attributive regional regulation of Kupang regency. In regards to this, it is expected that the local wisdom existing in Kupang regency is necessarily taken into account in formulating regional regulations.Keywords: Local Wisdom, Regional Regulation Materials, Law Formulation
PHILOSOPHICAL FOUNDATION OF RELIGIOUS COURT COMPETENCE TOWARDS ENCUMBRANCE RIGHT EXECUTION Abd. Shomad; Rahadi Wasi Bintoro
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.2018.18.2.2063

Abstract

Religious court as forefront in economic sharia dispute resolution in litigation has not ideal place to perform their duty since there are still regulation conflicts such as implementation of encumbrance right execution which still becomes a domain in district court. As explained, this article discusses phi-losophical foundation of Religious Court competence to resolve economic sharia issues. In regard to this, conceptual approach, law approach and historical approach are respectively used. Based on the analysis, basic competence of religious court is Islamic personality principle which carries the use of Islamic law elements (sharia principle) in its legal relationship. From the analysis the implication is drawn that as long as a dispute belongs to economic sharia, then it is Religious Court which is com-petent to handle including court decision.Keywords: law enforcement, economic sharia dispute, absolute competence, court decision implementation
LAW REFORM OF SMALL AND MEDIUM ENTREPRISES (SMEs) AND EQUITABLE COOPERATIVE FOR COMPETITIVENESS IMPROVEMENT IN AEC ERA Koesrianti, Koesrianti
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.2016.16.3.566

Abstract

Small Medium Entreprises (SMEs) and Cooperative have not received a proper law protection in facing trade liberation of ASEAN Economic Community (AEC) and economic globalized world. In 2015 AEC has been established that would bring a huge change in Southeast Asia regionS and definitely will have a wide impact to business people in Indonesia. SMEs and Cooperative contribute to more than 90 percent of total Indonesian national economy. However, they are weak on investment and information technology and management skill as well as competition law among ASEAN Member States. Economic policies do not give a sufficient protection to SMEs and Cooperative. This article tries to seek solutions for SMEs problems especially their legal structure in order to enhance their competitiveness. This article argues that the government can provide legal protection by reforming SMEs economic sectors similar to the AEC’s priority sectors by which the Indonesian’ SMEs would become world class corporate. Keywords: Cooperative, AEC, legal reform, SMEs
THE POLITICAL IMAGERY IN THE MEDIA Raharjo, 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.2016.16.2.2089

Abstract

Nowadays, the world is really hectic about the word that can be hypnotizing the society, it called “imagery”. Image is belief as everything and able to change the direction or person’s view on something that was never be anything. Something or someone that was nothing, suddenly can be more worth within media action. That is why called the craziness of media, as the way to construct something to be greater.....
THE IMPLEMENTATION OF PROCEDURAL LAW OF RESPONSIBILITY ENFORCEMENT OF CORPORATE CRIME IN INTEGRATED CRIMINAL JUSTICE SYSTEM Timbo Mangaranap Sirait
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.2017.17.3.769

Abstract

Privatization of business in various countries greatly affects on economic growth and development that corporate’s activities increasingly dominate legal subjects of Person and State. It also tends to trigger corporate crime. The issues of this research are causes of ineffective criminal procedural law implementation, how to anticipate those causes to create impartial judiciary, and how to reform corporate criminal procedural law “ius constituendum” that is holistic in order to create equal formulation between Person and Corporation. Then, it can be concluded that, First, corporate criminal procedural law “Ius Constitutum” is still centralized and fragmented, Second, a systematic and integrated corporate criminal procedural law is required, Third holistic reformation policy of corporate criminal procedural law “ius constituendum” which hierarchically equals to Law must be immediately formulated. Therefore, it is recommended to be discussed and legalized in Prolegnas 2018. Keywords: Corporation, Enforcement, Criminal Procedural Law, Integrated
IMPLEMENTATION AND PROTECTION OF LEGAL LAW ON CASH WAQF TOWARD TABUNG WAKAF INDONESIA OF DOMPET DHUAFA JAKARTA Siti Muflichah
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.2017.17.2.730

Abstract

Waqf institution is an effort made by Muslim community and government to overcome poverty issues. One of the institutions that manage cash waqf is Wakaf Tunai Dompet Dhuafa Jakarta. Article 49 Paragraph 3 of Religious Court Law stated that the ownership of land waqf is protected and governed by the government rules This research aims to examine how the implementation and protection of waqf law on Tabung Wakaf Indonesia of Dompet Dhuafa Jakarta. This research is normative-juridical research using statute approach, conceptual approach and case approach. Then the analysis was qualitatively presented. Based on the results, the implementation of cash waqf in Tabung Wakaf Indonesia was conducted by collecting cash waqf funds to be managed into productive and non-productive activities. Tabung Wakaf Indonesia has provided legal protection to the waqif by certification of cash waqf. However, till present, there is no legitimate legality for individual cash waqf recipients or legal entities as stipulated in government regulations.Keywords: legal protection, cash waqf, tabung wakaf indonesia

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