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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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Harmonizing the Settlement of Authority Dispute Between Government Institutions in Indonesian Tax Law Agus Suharsono
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.2019.19.1.1263

Abstract

Governmental institution obligatorily delivers taxing information to Tax Directorate General constituting an administrative law domain, but the imposition of taxing criminal sanction is considered as less appropriate. Settlement of authority dispute between government institutions in Indonesian tax law was not harmonious as it was not based on Governmental Administrative Law. It could be seen that Governmental Administrative Law has not been included into Academic Draft of Tax General Provision and Procedure Law as the material of substantive evaluation so that the settlement of authority dispute has not considered yet the provision of Article 16 or article 21 of Governmental Administrative Law, but taxing criminal law was imposed directly. This study recommended the Governmental Administrative Law to be included into Academic Draft of Tax General Provision and Procedure Law as the material of substantive evaluation to enable the settlement of authority dispute between governmental institutions based on administrative law.  Keywords: Authority Dispute, Taxing Criminal Law, State Administrative Law.
Legal Politics Aspect of Regulation, Efforts of Safeguard, Supervision, and Control Over the Comercial Explosives in Indonesia Fajar Pratama
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.2019.19.1.2268

Abstract

The consequence of Indonesia as a state of law in accordance with Article 1 Paragraph (3) of the Constitution 1945 is that it creates legal politics which continues to develop in accordance with the dynamics of political life in the Indonesia state. Legal politics that has occurred in Indonesia was when the reform movement emerged demanding the separation of the Indonesian National Police and the TNI which had long been integrated into the Indonesian Armed Forces. Based on this incident, it has an impact on the regulation of Commercial Explosives in Indonesia according to the Decree of the President of the Republic of Indonesia Number 125 of 1999 about Explosives, with licensing arrangements generally still being issued by the Ministry of Defense of the Republic of Indonesia. However, the technical licensing arrangements for Commercial Explosives in Indonesia have been issued by the Police of the Republic of Indonesia.Keywords: legal politics, reform, commercial explosives, regulation
Legal Implication of Black Campaigns on The Social Media in The General Election Process Nyndya Fatmawati Octarina; Hardianto Djanggih
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.2019.19.1.2115

Abstract

This study aims to examine the problems of black campaign on social media in the process of Regional Leader elections. The method used was a normative legal research with a qualitative approach to analyze the phenomena among the objects of the study with a conceptual and a case approach. The result indicates that the legal implication of the black campaign on the conduct of Regional Leader elections is that black campaign is not an option in politics. In addition to comprising detrimental things and violating the norm, black campaign also leads to poor political education for the society and can harm both the objects that are imposed and the black campaigners as this matter can be subject to criminal sanctions as stipulated in the Law of Election and Electronic Information and Transactions. For further research, there is a need for serious handling through criminal law and other facilities so that the implementation of elections to the regions as the actualization of democracy in Indonesia results in more valuable quality so as to create trustworthy Regional LeadersKeywords: Regional Head Election; Black Campaign; Social Media.
Indonesian Worker Protection from Labour Exploitation in Singapore Mety Rahmawati
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.2019.19.1.2507

Abstract

Since 2017, Indonesian labour in Singapore has been getting a salary of SGD 550 excluding the compensation for overtime work. It has attracted Indonesian citizens to work in Singapore. However, they experience exploitation from their employers and, based on the survey, they work over time, receive low salaries and a little time off even some of them experience physical or verbal abuse. The regulations issued by Indonesia have not been able to protect the rights of its migrant workers in Singapore. This is due to the weakness of legal enforcement. To get the protection, the victims require long and strenuous efforts. This is very aggravating for Indonesian labour, considering they are in a state of fear. Indonesian government should learn from the experience of the Philippines, in which the sender of the labour is the government of the Philippines which has been recognized by ILO.Keywords: Protection, Indonesian labour
Intervention of Intellectual Property Rights on Household Industry Productivity Yulianty Jacob, Yossie Maria; Tungga, Ishak Alfred; Peku Wali, Umbu Lily
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.2019.19.1.2478

Abstract

All seaweed farmer groups can naturally train their members. Even local governments have provided services for increasing the productivity of home industry of seaweed farmers as regional superior products, but there has been no IPR intervention action on superior products in order to provide protection and encourage the type of seaweed processing business to obtain IPR. Research uses this normative and empirical legal research. This means that legal material data is used in reviewing and tracing various rules regarding IPR in the productivity of Industrial Seaweed RT in Rote Ndao Regency. Research shows that branded processed seaweed food products are fostered and developed by local governments, but IPR intervention is not carried out by regional governments to protect and encourage each type of product to develop regional superior products. The legal impact on unbranded seaweed food products in Rote Ndao District is that the community does not yet feel secure by not having IPR from the types of products available.Keywords: IPR Intervention, Industrial Productivity RT, Seaweed
Promoting Traditional Cultural Expressions via YouTube Laina Rafianti; Ahmad M. Ramli; Rika Ratna Permata
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.2019.19.1.2419

Abstract

YouTube is a potential media to promote Indonesian traditional cultural expressions in Indonesia. Even though the promotion of traditional cultural expressions is growing fast, the communal intellectual property law is still a big question mark. The purposes of this paper are, first, to identify how YouTube impact on utilizing Indonesian culture, to analyze how to gain economic benefit from broadcasting through YouTube, and to note how to balance rights and obligations between traditional cultural expressions stakeholders. From a methodological standpoint, this paper used both a normative and ethnography-legal research approach. This paper result is, first, YouTube gives influence directly and indirectly to the promotion of traditional cultural expressions; and second, custodian and performers of traditional cultural expressions potentially receive the economic benefit from broadcasting through YouTube. Ultimately, petahelix approach is required in obtaining a balance right and obligation between traditional cultural stakeholders.Keywords: YouTube, Traditional Cultural Expressions, Intellectual Property, Copyright
Implementation of Rehabilitation System of Prisoner for the Prisoner Resocialization in the Correctional Institution Class II A Palopo H Hamsir; Z Zainuddin; A Abdain
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.2019.19.1.2056

Abstract

Implementation of rehabilitation for prisoners in an effort to return prisoners to a good society is very important to do, not only material or spiritual, but both must be balanced. The problem in this study was how to implement a prisoner rehabilitation system so that inmates were aware of mistakes, improved themselves and did not repeat criminal acts in correctional institution Class IIA Palopo. This type of research is empirical legal research that is descriptive qualitative. The implementation of rehabilitation in the correctional system affects the prisoners who undergo their criminal periods while in prison. Guidance of prisoners in Prison Class IIA Palopo is carried out through personality development which includes (religious formation, legal awareness development), and self-development including prisoner skills training and assimilation processes. The research recommendation is that penitentiary Officers intensify the formation of personality and independence of prisoners with the aim of no longer committing crimes and can socialize themselves inmates in the community. In addition, it is necessary to collaborate with the Ministry of Religion to intensify the religious rehabilitation of prisoners in the context of socialization in the community.Keywords: Penitentiary, Prisoners, and Rehabilitation.
Prohibition of Intera Religion Marriage in Indonesia Sonny Dewi Judiasih; Nazmina Asrimayasha Nugraha; Luh Putu Sudini
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.2019.19.1.2462

Abstract

As a country with Pancasila as the philosophy, the first pillar is believing in God the One, therefore marriage is closely related to the issue of religion. Law number 1 in 1974 on Marriage stated that a marriage should be done by two people with the same religion and beliefs. Inter-religion marriage between Indonesian citizens in foreign states violate the regulations found in article 2 paragraph (1) and article 56 paragraph (1) of Law number 1 in 1974 on Marriage. The problems analyzed in this paper are: first, the legal status of inter-religion marriage in law system of Indonesia; and second, inter-religion marriage performed by Indonesian citizens in foreign countries. The research of this paper shown that Indonesia prohibits inter-religion marriage since it violates the principle of “the belief in the one and only God,” which expects marriage to be performed only by a couple who share the same religious belief.Keywords: Indonesia, Inter-religion Marriage, Legitimate Marriage, Marriage Law, Religion
The Legacy of Democratic Burden Raharjo, Agus
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.2019.19.1.2536

Abstract

Simultaneous general elections held on April 17th 2019 will enter a new phase, it is anopen campaign. The actual excesses that have occurred long before the open campaign began.Attacking each other between candidates - both presidential and deputy candidates, as well asprospective legislative members has revealed its action through electronic media. Campaignersfrom each party have also issued movement to defend their hero and program, as well aspersonal vices and their image.
Juridical Implications of The Sustainable Finance Principles Implementation in the Banking Sector on the Obligations of Sustainable Reporting Abubakar, Lastuti; Handayani, Tri
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.2019.19.1.2189

Abstract

OJK has issued regulation No.51/POJK.03/2017 on The Application of Sustainable Finance for Financial Services Institution, Issuer and Public Companies, requires all financial services institutions, including banks to applied sustainable financial principles. While some of the principles of sustainable finance are already part of banking regulation such the obligation to implement risk management and governance, they have not specifically accommodated the demand to integrate economic, social and environmental aspect as a pillar of sustainable banking. This study is used normative juridical approaches and analytical descriptive research specifications, legal issues are how to implement sustainable financial principles in the banking sector and urgency of the bank’s sustainable report as an effort to identify bank compliance with sustainable financial principles. Banks are required to make and publish sustainable financial statements as a form of bank accountability to all stakeholders to comply with governance principles, in particular transparency obligations. This sustainable reporting is a form of report conducted by a company in order to disclose or communicate to all stakeholders on good environmental, social and governance performance in an accountable manner. 

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