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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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Functionalization of E-Court System in Eradicating Judicial Corruption at The Level of Administrative Management Muhamad Iqbal Iqbal; Susanto Susanto; Moh Sutoro
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2510

Abstract

This study aims to determine the effectiveness of the implementation of E-Court to eradicate the activities of judicial corruption. Corruption in the administration sector is closely related to the relationship between justice seekers and court administration staff. The problems raised in this study are how functionalization of E-Court in eradicating judicial corruption in administrative management of cases in the courts in JABODETABEK and how to reform the management of administrative court in the future. This study uses an empirical method approach with descriptive analytical research specifications. This is because this research seeks to illustrate the facts of the effectiveness of the e-court system in eradicating corruption in the court administrative management sector. This concept of public service must be well understood by the judiciary. The functionalization of e-court is considered not optimal since many justice seekers do not know the existence and usefulness of the system. It is expected that the e-court system will support the establishment of the principle of quick, simple and low cost justice in the administrative management of cases. Keywords: E-Court, Court Administrative System, Corruption
Efforts to Achieve Legal Justice in Social Conflict Resolution in Register 45 Mesuji Lampung I Ketut Seregig
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2586

Abstract

This research focuses on efforts to provide solutions in resolving social conflicts that occur between the community and the company PT Silva Inhutani at Register 45 in Mesuji Lampung, which has been running for 14 years (2005-2019), but within that period there has not been a comprehensive settlement. This article is one of the solutions in realizing legal justice so that social conflicts in the Register 45 Mesuji Lampung do not cause futile casualties. We also found that monopolistic practices were carried out by the company in implementing the partnership policy issued by the government and the practice of intimidation by the company using thugs to ban and evict land that was worked on by the community at the Register 45 Mesuji Lampung. Some of the most successful references in resolving social conflicts found by journal authors, they are Pham Huu Ty et al (2013), Rafael Reuveny et al (2007), Franks et al (2014), Ismael Rafols et al (2012), Buijs et al. (2012) 2013), Lambin et al (2001) and Pauline E. Piters (2004), whose research was carried out in countries; Vietnam, Latin America, England and Africa. The approach used in resolving social conflicts is the "legal justice" approach between the community and the company.Keywords: Solution, Social Conflict, Register Land, societies, company.
The Legality of Marriage According to Customary, Religion and State Laws: Impacts on Married Couples and Children in Manggarai Yohanes S Lon
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2429

Abstract

This study explores the complexity of marriage for people in Manggarai. Since they are citizens of the cultural community of Manggarai, Indonesian citizens, and members of a Catholic community, their marriage is required to follow the provisions of customary law, religious law, and state law. Using a library and ethnographic approaches, the study compares these laws on the legality of marriage and analyzes their differences and the impacts on the rights and obligations of married couples and children born to the couple. The study discovered that the differences in the provisions regarding the validity of a marriage between the three laws have provided space for the emergence of legal uncertainty and discriminatory treatment of customary marriages which are not legalized by religious law and state law as well as marriages that are divorced civilly but are still valid according to Catholic rules. Such a phenomenon is certainly a portrait of failure or incompetence in the attempt to unify marriage law in Indonesia through Law No. 1 of 1974 concerning Marriage. So it is urgent to have a more comprehensive new law that accommodates the wisdom of local customary law and provides protection for every citizen
Reconstruction of Castration Sanction Formulation in The Perspective of Indonesian Criminal Law Renewal Yaris Adhial Fajrin; ach faisol triwijaya
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2469

Abstract

The development of crimes should be balanced by the development of criminal law-oriented policies protecting society. The castration sanction policy as a government reaction on the rise of sexual violence against children has a negative side in its establishment. The research method used in this research was normative juridical research that examined the rules or norms in positive law to find the truth based on the legal scholarly logic of the normative side. The results of research obtained were, firstly, the existence of the castration sanction based on ius constitutum did not reflect the essence of punishment so that the offenders repented, and it only aimed to arrest the offender and focused on the dehumanization potential of the offenders. Since the reality of sex crime in Indonesia was seen as an alarming phenomenon, the existence of this castration sanction was not immediately abolished from the criminal law of Indonesia in the future. Secondly, the existence of the castration sanction is still needed as long as it is positioned as a specific action and alternative to aggravated sex offenders.Keywords: Castration, Crime, Criminal law renewal, Criminal law.
Criminal sanctions for insider trading: Comparison with Singapore Ainul Azizah
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2405

Abstract

Insider trading is one of the crimes in the capital market that causes a lot of material loss to the victim. Such a large loss has caused fears of investors to trade on the capital market in Indonesia. For this reason, the government is trying to prevent insider trading, the government has made a Capital Market Law, but this is not enough. For this reason, policies need to be made relating to criminal sanctions for perpretators insider trading in the future. The research method used is the normative legal research method. With a conceptual approach, comparison and Law. The legal issues that will be examined are the legal and philosophical foundations of criminal sanctions for perpetrators insider trading and criminal law policies relating to criminal sanctions for perpetrators insider trading in the future? The result is a legal basis for criminal sanctions for perpetrators insider trading is to provide a deterrent effect to the perpetrators so that it does not happen again and protect the public from insider trading. Policies relating to criminal sanctions for perpetrators insider trading are the use of schikking in resolving insider trading and by using non-litigation methods.Keyword : criminal sanctions; insider trading; comparison. 
The Implementation of Inheritance Based on The Tribe of Kaili Ledo and Islamic Inheritance Laws Luawo, Fipy Rizky Amalia; Amalia, Haswida
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2525

Abstract

Law is an inherent part of Indonesian society, which does not only national law but also customary law. One of the customary laws in Indonesia is the Kaili customary law. Kaili customary law is only applicable to specific communities. Whereas Islamic law applies broadly to all Muslims. One of them is in the field of inheritance law. From many disputes that occur in inheritance law, the distribution of heritage in inheritance law has always been a major problem that occurs in society, both in Kaili's customary inheritance and Islamic inheritance laws. It is interesting to find out more that each of the rules has different dispute resolution where Kaili‘s customary inheritance law trusts Totua nu ada as a person who has the capability to distribute the heritage. This study was conducted by the Conceptual and Comparative Approach. In conclusion, Kaili indigenous community, are familiar with customary institutions, and, in Islamic law, they have the Religious Courts to resolve their inheritance disputes. Keywords: Customary Inheritance law, Islamic Law, Division of inheritance
The Implementation of Regional Regulation of Kupang City Number 7 of 2000 Concerning Green Open Space in The Environmental Development of Kupang City Bartholomeus Mbe Se; Jimmy Pello; Saryono Johanes
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2535

Abstract

One of the important aspects in environmental development is the use of green open space that serves its objectives and functions. Therefore, the Kupang City Regulation Number 7 of 2000 as a legal guarantee in the use of green open space was issued. The legal issue being studied is whether the implementation the Kupang City regional regulation Number 7 of 2000 is in line with the purpose and function. The research is an empirical research. The results of the study found that implementation of Kupang City Regulation Number 7 of 2000  has not served its purpose and function. It was caused by various factors, as law enforcement officials factor and inadequate supporting facilities and infrastructure. Therefore, it was recommended that there should be seriousness in preparing both supporting facilities and infrastructure for the implementation of these local regulations. Keywords: The Implementation Of There Is A Regional Regulation; The Construction Of The Environment; Green Open Space
The Implementation of Regional Regulation of Kupang City Number 7 of 2000 Concerning Green Open Space in The Environmental Development of Kupang City Se, Bartholomeus Mbe; Pello, Jimmy; Johanes, Saryono
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2535

Abstract

One of the important aspects in environmental development is the use of green open space that serves its objectives and functions. Therefore, the Kupang City Regulation Number 7 of 2000 as a legal guarantee in the use of green open space was issued. The legal issue being studied is whether the implementation the Kupang City regional regulation Number 7 of 2000 is in line with the purpose and function. The research is an empirical research. The results of the study found that implementation of Kupang City Regulation Number 7 of 2000  has not served its purpose and function. It was caused by various factors, as law enforcement officials factor and inadequate supporting facilities and infrastructure. Therefore, it was recommended that there should be seriousness in preparing both supporting facilities and infrastructure for the implementation of these local regulations. Keywords: The Implementation Of There Is A Regional Regulation; The Construction Of The Environment; Green Open Space
The Legal Impacts of The Convention for The Conservation of Southern Bluefin Tuna on The Optimum Utilization and Sustainability of Highly Migratory Fish Sri Wartini
Jurnal Dinamika Hukum Vol 19, No 3 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.3.2596

Abstract

The sustainability of southern Bluefin tuna (SBT) is very important, since the SBT as one of the highly migratory fish which is very valuable. Because of that, the SBT are exploited tremendously  and it caused serious  decline of the population. Due to the reasons, the aim of the paper is to examine comprehensively the legal impacts of the Convention for The Conservation of Southern Bluefin Tuna (CCSBT) on the optimum utilization and sustainability of the SBT as one of  highly migratory fish, There are two problems questions that  are proposed, namely,  first, how is the role of the Commission of CCSBT in the optimum utilization and sustainable conservation of the SBT. Second, how is the legal impacts of the CCSBT to the conduct of the Member States to obey the obligations of the CCSBT in order to utilize and  to maintain the sustainability of  the SBT in sustainable manner. The result of the paper finds that there is positive legal impacts of the CCSBT to the Member States’ conduct in order to materialize the  optimum utilization and sustainability of the SBT, though, there are still some challenges.   Keywords: conservation, highly migratory fish, optimum utilization, southern tuna Bluefin, sustainable manner.Southern Bluefin Tuna (SBT), as one of the highly migratory fish, is very valuable due to the high demand inthe international market. Hence, the SBT is exploited tremendously and it caused a severe decline in thepopulation. To maintain the sustainability utilization of SBT, the role of the Commission on the CCSBT isimperative. The objective of the research is to examine conceptually the legal impacts of the Convention forthe Conservation of Southern Bluefin Tuna (CCSBT) on the optimum utilization and sustainability of the SBT.It is a normative juridical research by applying conceptual and statutory approaches. The results of theresearch indicates that: first, the role of the Commission of CCSBT in the optimum utilization and thesustainability of the SBT is very significant: second, there are positive legal impacts of the CCSBT to theconduct of the Member States to comply with provisions of the CCSBT; third, the legal impacts of CCSBT areable to oblige the Member States to perform their obligations, however, there are still some challenges tomaterialize the objective of the CCSBT.Keywords: conservation; highly migratory fish; optimum utilization; southern tuna bluefin; sustainability.
The Importance of Good Constitution for Resulting Good Governance and Clean Goverment Yoyon Mulyana Darusman; Bambang Wiyono; Guntarto Widodo
Jurnal Dinamika Hukum Vol 19, No 3 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.3.2673

Abstract

The existence of the Constitution in the State as the Social Contract to born of the State, this statement base onSocrates (Era the 3 rd before Messiah) as one of the other philosophy of Greek, so that in the practicing of born orestablish of the States in the world, beginning by compromise of the Constitution of the State.

Page 52 of 69 | Total Record : 690

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