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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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THE GOOD IN POLITICS Agus Raharjo
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.2354

Abstract

 Hundreds of centuries ago, Aristotle stated in one of his works that the purpose of human life is Entelecheia, the highest kindness in which the goal of every politics. Through that, Aristotle also stated that human is a political creature (zoon politicon), and there are kinds within politics. Politic is one of the ways to reach the good. Time changes, and so does what Aristotle taught, politic now becomes the way on how to get power and the good or kindness is no longer easy to find.
A LEGAL PROTECTION OF MUSIC ROYALTY ON OPEN CONTENT LICENSE THROUGH SOUNDCLOUD Sartika Nanda Lestari; Arifin Pringgo Laksono
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.2124

Abstract

Public ownership in digital world enable anyone to access and use the available content including SoundCloud. SoundCloud provides music sharing services under an open content license by providing a platform for the content availability. This paper tries to investigate the use of open content licenses on SoundCloud and explain the legal protection of music royalties on open content licenses through SoundCloud. Employing normative juridical research methods, this paper makes use of secondary data (literature study). The results of the research show that the open content license is a license form that refers to a civil agreement that provide copyright protection in the digital world and provides royalty protection by determining how a work will be disseminated whether for commercial or non-commercial purposes. Keywords: copyrights, music royalties, open content license
TRANSFORMATION OF ADAT VILLAGE POST ENACTMENT OF LAW NO. 6 YEAR 2014 ON VILLAGE: A GOVERNANCE PERSPECTIVE (STUDY IN KARO REGENCY) Erna Herlinda; M Maria; Rosnidar Sembiring
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.1854

Abstract

The determination of an adat community become adat village results in implementing one function, governmental function. It is the adat village governance that will fulfill a village authority based on the rights of origin. This research aims to identify the development and transformation of the adat village governance in Karo Regency. This is an empirical law research with a qualitative analysis. Data is collected from both literature study and field study by carrying out an observation and comprehensive interviews. The result shows that management and implementation of adat village governance are done in accordance with rights of origin and adat law. Aside from a Village Head, a Turpuk (adat Head) is also recognized. According to agreed regulations, a Village Head must also be a Turpuk. It means the Turpuk must have a surname of Simanjorang or Munthe which is regarded as a descendant of the village (huta) founder. In carrying out its governance, the Village Head must involve the Turpuk. This regulation has been applied prior to the ratification of Article Number 6 Year 2014 on Villages till present. Keywords: adat village, governance, transformation
GENERATING A HIGH QUALITY AND INTEGRITY CAREER JUDGES RECRUITMENT POST-CONSTITUTIONAL COURT DECISION NUMBER 43/PUU-XIII/2015 Indriati Amarini
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.1960

Abstract

Recruitment of judges is an instrument to produce high quality and integrity judges. There are some different views related to the authorized institution to carry out career judges recruitment. It makes Indonesian Judges Association (Ikahi) proposes Judicial Review on the involvement of Judicial Commission to the Constitutional Court. The problem is how to implement the recruitment of ca-reer judges after the decision of Constitutional Court Number 43/ PUU-XIII/2015. This is a doctri-nal research. Based on the result of the research, the Constitutional Court Decision has fully man-dated the Supreme Court to recruit first-level judges. It requires an improvement in the career judges re-cruitment by the Supreme Court to be more objective, open, and transparent to obtain a high qual-ity and integrity judges. Keywords: career judges, recruitment, Constitutional Court Decision
A COMPARATIVE STUDY OF SPATIAL POLICY IN INDONESIA AND THE NETHERLANDS Haris Budiman; Anis Mashdurohatun; Eman Suparman
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.2154

Abstract

Spatial planning policy in Indonesia is not effectively implemented due to land conversions and other problems. This occurs since the spatial planning policy is sectoral especially since the enactment of regional autonomy. This research accordingly tries to explain how the management of spatial policy in Indonesia compared to the Netherlands. The method used was juridical normative. The results of the research showed that in its implementation of spatial policy in Indonesia, regional governments have the authority to make their own policy. Nevertheless, the spatial policy in the Netherlands is based on efforts to improve and secure accessible space with the first priority on users. Therefore, although the spatial policy is based on the community participation, the control remains on the Central Government’s hand. In conclusion, it takes comprehensive measures and social participation to formulate spatial policy. Keywords: comparative law, policy, spatial planning
HUMANITARIAN LAW PRINCIPLES ON THE USE OF DRONES IN INTERNAL ARMED CONFLICT: AN INDONESIAN NATIONAL LAW PERSPECTIVE Permanasari, Arlina
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.2116

Abstract

State practice shows the increase use of drones in internal armed conflict. The discussion is conducted to answer whether national law adopts humanitarian law principles on the use of drones in internal armed conflict. Qualitative analysis is conducted with primary and secondary legal materials. The Regulation of the Minister of Transportation No. 90/2015 on Unmanned Aircraft Operation Control in airspace served by Indonesia and Minister of Defense Regulation No. 26/2016 on the use of drones for defense and security affairs does not contain the distinction principle, proportionality principle and precautionary principle. It is interpreted that the clauses in both rules on licensing, airspace classification and its activities can be used as a first step in intelligence gathering which will be useful in applying the distinction principle at the time of internal armed conflict. It is necessary to formulate the rules in detail in Military Manual that adopt humanitarian law principles. Keywords: drone, humanitarian law principles, Indonesian legislation
The Position of Mamak Kepala Waris in High Ancestral Inheritance in Minangkabau Indigenous Community Ellyne Dwi Poespasari
Jurnal Dinamika Hukum Vol 19, No 1 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.1.2214

Abstract

There has been a paradigm shift on the legal stance, role and function of ‘mamak kepala waris’ in ‘harta pusaka tinggi’ –inheritance that has been handed down to generations– in the Minangkabau community. This article examines several legal issues regarding the role of ‘mamak kepala waris’ in ‘harta pusaka tinggi’ in the Minangkabau indigenous community. Firstly, how is the legal position of mamak kepala waris in the management of ‘harta pusaka tinggi’ in Minangkabau. Secondly, how is the current development of the role of ‘mamak kepala waris’ in ‘harta pusaka tinggi’ in the Minangkabau indigenous community. This research is an empirical juridical research with descriptive analysis. The primary data for this study were obtained through observation, interviews with respondents and legal experts, while the secondary data were taken from desk study on legal documents including jurisprudence and legal theories. The results of the study: first, the legal position of ‘mamak kepala waris’ is very important in managing, regulating, supervising and being responsible for the properties that have been inherited through generations (harta pusaka tinggi) for the benefit of nieces. The mamak kepala waris is the holder of the control and maintenance of harta pusaka tinggi of the community. Second: the development of the Minangkabau indigenous people is inseparable from the change in their society, because the Minangkabau people are dynamic and able to keep up with the current development both internally and externally.Keywords: mamak kepala waris, harta pusaka tinggi, matrilineal descent
Disparity of the Waiting Period of the Capital Punishment Execution for Narcotics and Murder Cases in the Perspective of Human Rights Djernih Sitanggang; Efa Laela Fakhriah
Jurnal Dinamika Hukum Vol 19, No 1 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.1.1266

Abstract

Disparity of the waiting period of the capital punishment execution for narcotics and murder cases occurs as the legal consequence of the policy of the Indonesian Public Prosecution Service for prioritizing the execution of death row inmates in narcotics cases. The problem is how the analysis is in the perspective of Human Rights for such disparity of the waiting period for the execution of the death row inmates as a result of the Prosecutor's policy to prioritize the execution of the death row inmates in narcotics cases. This study uses a juridical normative method with the legislation and case approaches. The study's result concludes that disparity of the waiting period for the execution of death row inmates in narcotics and murder cases represents no protection and respect for human rights. There should be an implementing regulation that governs the waiting period of the execution of death row inmates to avoid the disparity, so that execution of death row inmates will be carried out to represent the human rights protection.Keywords: Disparity, Waiting Period of Execution, Death Row Inmate, Human Rights
Controling the Abandoned Land in Tegal Regency S Sudjito; Mohammad Paurindra Ekasetya
Jurnal Dinamika Hukum Vol 19, No 1 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.1.2442

Abstract

This research aims to know and to analyze the cause of Abandoned land in Sumbarang village, Tegal regency, the effort which has been done by land office of Tegal regency and the obstacle which is faced by the Tegal Regency’s Land Office in controling the Abandoned land. The type of this research is an empirical law which placed in Sumbarang village, Tegal regency. The source of the data consist of primary and secondary data. It is analyzed by qualitative technique. The results of this research find that the factors of the Abandoned land in Sumbarang village are: (1) the wide of the land is not comparable with the worker (2) the right land is lended to Sugar Company (PG) Pangkah, so the farm is changing function. (3) plant hama attack. The efforts which is done by the land office of Tegal regency toward the Abandoned land are (1) directing the right holder to use their land. (2) monitoring towards the land right, (3) evaluating the land right (4) controling based on Government Regulation Number 11 of 2010 jo. Regulation of the Head of the National Land Agency Number 4 of 2010. The Tegal office land faces some obstacles, they are (1) the right holder lives is unknown, so, it causes difficulty in giving the warn. (2) the right holder is not cooperative. There is no coordination and coorperation betwen the right holder and land Office.Keywords: Controling, Abandoned Land, Tegal Regency
Citarum Authority Agency as the Commitment of the Government in the Conservation of Water Resources to Realize the System of Environmental-Based Water Management Suwari Akhmaddhian
Jurnal Dinamika Hukum Vol 19, No 1 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.1.2272

Abstract

Water resources management requires the support of all parties involved in the commitment to jointly maintain sustainable and beneficial water resources and requires a focused and comprehensive institution so that the benefits of water availability are felt by the community. The goal is to analyze the Institutional Management of the Citarum Watershed; and Effectiveness of Government Policy in Conservation of Water Resources to Realize the System of Environmental-Based Water Management. The results of the study are that government policies in Citarum must be equipped with more comprehensive regulations, especially strengthening the permits for housing development must pay attention to the concept of conservation of water resources; Government commitment is strengthened, namely 1 (one) policy in the management of the Citarum River, namely the Citarum Authority Agency that replaces the function and role of agencies that have been managing the Citarum River, then with 1 (one) water resource management.Keywords: government; citarum authority agency; conservation of water resources.

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