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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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PENGINTEGRASIAN URGENSI DAN EKSISTENSI TANGGUNG JAWAB MUTLAK PRODUK BARANG CACAT TERSEMBUNYI PELAKU USAHA DALAM UNDANG-UNDANG PERLINDUNGAN KONSUMEN DI ERA GLOBALISASI Holijah Holijah
Jurnal Dinamika Hukum Vol 14, No 1 (2014)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2014.14.1.286

Abstract

The position of businessmen who have a bargaining power and bargaining position, compared to consumers’, need advocacy and protection for consumers’ right in this globalization era. This also includes an appropriate dispute resolution to achieve a Pancasila Prosperity Legal State. However, the existence of Law No. 8 Year 1999 as an umbrella act to guarantee legal assurance in fulfilling the consumer’s rights has not been effectively implemented. In the mean time, a legal protection on the prevention from hidden defect products is considerably required. This fulfilment is really needed as an alternative way to make businessmen responsible for hidden defect products. Further-more, it also needs some ideas to anticipate the urgency and the implementation in a positive norm which is not stated in Consumers’ Protection Act and is only implicitly stated on some articles on Consumers’ Protection Act. This condition hampers the realization of the consumer’s right in accordance with product liability.   Key words: globalization era, consumers’ protection, product liability
PENGAWASAN HAKIM KONSTITUSI DALAM SISTEM PENGAWASAN HAKIM MENURUT UNDANG-UNDANG DASAR NEGARA RI 1945 Titik TriwulanTutik
Jurnal Dinamika Hukum Vol 12, No 2 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.2.51

Abstract

This research is normative legal research. The objective of this research is firstly to clarify whether the essence of constitutional court’s judges is not included in the term of judge in the 1945 constitution and Law number 24 2003 on judicial commission. Secondly, to know how model designs of controlling judges of constitutional court are after the issuance of Constitutional court’s decision Number 005/PUU-IV/2006. The conclusion of research are the judges of constitutional court are regular judges bound to all judge regulations in Indonesia, because Indonesian constitution does not recognize different typologies of judges, the note of PAH I BP MPR that formulated amendment of the 1945 constitution the discussion surrounding the typologies of judges never took place; and the legal scholars, generally tend to generalize judges to include judges of constitutional courts. The control of constitutional court necessary to adopt integrated control system, that is internal control is done by Constitutional Court and external supervision mechanism conducted by external independent department, it is Judicial Commission.Based on those findings, in implementing an integrated supervision mechanism of Constitutional Court’s Judges an amendment to the 1945 Constitution is recommended and revising the Law number 22 of 2004 on Judicial Commission and law number 24 of 2003 on Constitutional Court is urgently needed. Key words:    control on justice of Constitutional Court, the system of judge control, an integrated supervision mechanism
CONTEMPT OF COURT (KAJIAN TENTANG IDE DASAR DAN IMPLEMENTASINYA DALAM HUKUM PIDANA) Johny, Ruby Hadiarti
Jurnal Dinamika Hukum Vol 9, No 2 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.2.221

Abstract

Contempt of Court historically comes from Common Law in England where as it represents the king as the God Representative in the world to punish whoever against its commands and prohibitions.  The term of Contempt means indignity so contempt of court means an action insulting the board of court.  The researcher is interested in the Contempt of Court research in Indonesia since there are a lot cases which could be qualified as Contempt of Court but the regulation has not been clear enough. The data needed are secondary data and supported by the primary data got from interviews with the experts of criminal law.  The result of the research shows that the basic idea of the contempt of court  managed  in the criminal code is closely related with and afford to promote the high authority and privilege. Contempt of Court in Indonesia is implemented in the articles which spread out of the Criminal Code especially offences related with “rechtspleging” and draft of law of criminal code which has been directed on its chapter itself namely Chapter VI about crime act on holding the judicature from the article 325 up to 335 of draft of law of the Criminal Code.  The conducts which could be classified as the contempt of court is now days essential in Indonesia to keep the authority and privilege of justice institution to take action againts the actors of contempt of court  to apply the articles of Criminal Code. Kata kunci : melawan hukum, sistem hukum
PERJANJIAN INTERNASIONAL OLEH DAERAH SEBAGAI KEWENANGAN OTONOMI DAERAH Noer Indriyati
Jurnal Dinamika Hukum Vol 10, No 1 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.1.136

Abstract

Law number 32 year 2004 on Regional Government suggests need to do adjustment authority implementation Foreign Relations and Cooperation. Along with the entry into force of the regional autonomy act, the policy of foreign relations and diplomacy by the Central Government, among others, also aimed at empowering and promoting regional potentials. The freedom to conduct foreign relations and cooperation, did not rule on the future more increased in line with the will of Autonomous District and the City to obtain added value for the Autonomous Region concerned. The mechanism of cooperation carried out in consultation with and coordination of the Ministry.Keywords: treaty, sister’s city and sister’s province
PEMBENTUKAN MODEL PERLINDUNGAN ANAK BURUH MIGRAN DI KABUPATEN BANYUMAS Riris Ardhanariswari; Waluyo Handoko; Sofa Marwah
Jurnal Dinamika Hukum Vol 12, No 1 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.1.14

Abstract

This paper discusses about the model of protection children of migrant workers that most appropriate and can be used as a reference for the model of child protection that more comprehensive. The approach used in this study is a qualitative action research approach. The selected research location include two villages that representing the rural and semi-urban areas of two districts which they are the basis of migrant workers, such as Kedondong Village District of Sokaraja (semi-urban) and Dawuhan Kulon Village District of Kedungbanteng (rural). Data were selected by using purposive sampling method. Base on research, Model of child protection of migrant workers can be done by more empowering form of social workers in the district by establishing a new institution, the Board for Child Protection of Migrant Workers (BCPMW) at sub-district and district levels. Membership BCPMW at district level consisting of components Dinsosnakertrans, prospective migrant workers migrant workers, recruitment agency, social worker and observer problems of migrant workers. In carrying out its functions and duties, BCPMW have partnered with Dinsosnakertrans and BapermasPPKB. Keywords: children of migrant workers, child protection model of migrant workers 
KEARIFAN TRADISIONAL DALAM PENGELOLAAN SUMBER DAYA PERIKANAN DI ACEH PADA ERA OTONOMI KHUSUS Sulaiman, Sulaiman
Jurnal Dinamika Hukum Vol 11, No 2 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.2.188

Abstract

Reformation in Indonesia give implication for Aceh, which is the authority in the form of implementation of fisheries management based on traditional wisdom. Those statement above are trying to answer the question of this traditional wisdom in the era of special autonomy. The important finding is critical condition of fisheries resources which is caused by a disregard pattern of traditional management wisdom. It is recommended that policy makers doing holistic approach to fisheries management.  Keywords: Fishing, Traditional Wisdom, Aceh 
SAHNYA PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DITINJAU DARI HUKUM PERJANJIAN Trusto Subekti
Jurnal Dinamika Hukum Vol 10, No 3 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.3.103

Abstract

Legal certainty is an indicator for a legal into good legal category, the fact about  the validity of marriage has led a multi interpretation among the experts and the society, especially among Muslims. This is shown in the society members statement that "the secret marriage" as a valid marriage according to religious even it is not listed. " Arranged marriage in a society is intended to solve problems within the scope of family law and marriage, not to create new problems in society. the problem is how the legitimacy of the marriage law seen from the viewpoint of the agreement, with expectations  to obtain certainty about the right interpretation of the validity of marriage, so the confusion about the validity of a marriage can be resolved. Seen from the viewpoint of the legal agreements, Marriage included in family laws agreements and according to the provisions this agreements are categorized as a formal agreements, it means that the agreement was born and legally binding if the requirements and procedures (formality) of marriage according Act No. 1 Year 1974 jo. No PP. 9 Year 1975 fulfilled. Afterwards, from the binding aspect, the function of marriage records juridically is a requirement in order to obtain recognition and protection from the state and binding the third party: (others). According to the regulatory aspects the procedure and the registration of marriages reflect a legal certainty, as the result the existence of marriage proved by  a marriage certificate.As a further consequence, in the law viewpoint a marriage is invalid if the marriage did not comply the procedure and registration of marriage.Keyword: Validity of marriages, Law Agreement
KEKUATAN HUKUM PENETAPAN SEMENTARA PENGADILAN (INJUNCTION) SEBAGAI BENTUK PERLINDUNGAN TERHADAP PEMILIK MEREK DARI ADANYA PELANGGARAN MEREK Inge Dwisvimiar
Jurnal Dinamika Hukum Vol 14, No 1 (2014)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2014.14.1.277

Abstract

This paper tries to investigate and describe the injunction granted protection in the effort of protecting the trademark owners to avoid greater and wider losses. This is a normative empirical legal research which takes place in Jakarta and Tangerang Regency. The data comprise primary and secondary data by applying qualitative analysis approach done by interactive data collection. The results shows that the concept of injunction has already existed in the PERMA No. 5 Year 2012 on the injunction. Nevertheless, the legal force on injunction is not effectively implemented since PERMA No. 5 Year 2012 is only one and a half year stipulated.The forms of policies that may be made in reforming law are by providing a distinct formulation of injunction elements as well as providing definite boundaries for the Supreme Court in making decision of the court or, if it is possible, it is suggested to establish a kind of procedural law on injunction in the court to accommodate other types of trademark infringements. Key words: injunction, legal strength, trademark infringements
IMPLIKASI KEBIJAKAN “PENDAERAHAN” PENGELOLAAN PBB SETELAH BERLAKUNYA UU NO. 28 TAHUN 2009 TENTANG PAJAK DAERAH DAN RETRIBUSI DAERAH Pamuji, Kadar
Jurnal Dinamika Hukum Vol 11, No 1 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.1.84

Abstract

Local tax policies according to local tax laws and new levies which gives breadth to the local taxation authority is done by expanding the tax base. Giving to the local taxation authority have been duly carried out to confirm the alignments to the process of democratization. The problem is "how is the legal implications of the Land and Building Tax management of rural and urban sector after the enactment of Law no. 28 of 2009 on regional taxes and Retribution" To know the legal implications, the study begins first by performing comparative Land and Building Tax  arrangement according to the Law. 12 of 1985 by Act no. 28 of 2009 on regional taxes and Retribution. The results of the study concluded that the policy of the Land and Building Tax management of rural and urban sectors is authorized for the district/city, which has implications on the necessity for coordination, transfer of assets, preparation of executive human resources, technology, device setup, institutional arrangements, legal instruments (regulations and declaring) as well as other supporting facilities and infrastructure. Key words: Legal Implication, Policy, Land and Building Tax Management 
PROBLEMATIKA KEPALA DAERAH SECARA LANGSUNG (DALAM PERSPEKTIF SOSIOLOGIS) H Djauhari
Jurnal Dinamika Hukum Vol 11 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.Edsus.259

Abstract

Regional Head in a direct election indicates not yielded Regional Head of an ideal, in this case is suspected that some Regional Head who stumble legal cases of corruption. Such things can happen because of the democratic process in elections beginning with the starting pull of interest between the prospective head region with political parties on the one hand, and between candidates for the head area with his constituents on the other side. The implications of these conditions cause the cost of direct elections is quite expensive. With the number of political parties is quite large and there is no consciousness of the voters make choices based on conscience cannot be avoided in the elections always bring money politics (politics of money) / political horse-trading, and will bring leaders think moral hazard. These conditions are still just always happens in local elections democratic party directly. Such a case will be examined from a sociological aspect to bring up three issues, namely: the proliferation of political parties, money politics (money politics) / political horse-trading and the nature of moral hazard. Keywords: direct election problems, sociological perspectives

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