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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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Multidiciplinary Review on The Effects of Backdoor Listing Action Against Standby Purchaser (Acquisitor Company) Adityadarma Bagus Priasmoro Suryono Putro; Budi Santoso; Rachmi Sulistyarini
Jurnal Dinamika Hukum Vol 20, No 1 (2020)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2020.20.1.2801

Abstract

Backdoor Listing is a "Corporate Action" taken often by companies in Indonesia today. Backdoor Listing is an act in which a closed limited liability company acquires an open limited liability company in order to conduct a right issue without going through the Initial Public Offering (IPO) process. In this paper, the writers attempt to discuss the legal consequences of Backdoor Listing action against Standby Purchasers. The research method was normative juridical using statutory approach and concept approach. In the discussion section, first the writers described the IPO and its inhibition in terms of legal and economic point of view. The review then led to the use of Backdoor Listing as an alternative to capital expansion in addition to the IPO path. The writers inventoried the requirements that must be met before backdoor listing as a conditional legal action.Keywords: initial public offering; backdoor listing; backdoor listing requirement; standby purchaser.
Local Government Policy in The Procurement of Rental Official Vehicle (ROV) in Keerom District, Papua Icuk Rangga Bawono; Adhitia Pradana
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.2019.19.3.2703

Abstract

The implementation of regional government requires supporting facilities and infrastructure for the smooth implementation. One of them is adequate transportation facilities. Therefore, the local government provides official vehicles for commitment and responsibility in giving attention and concern to duties of the state civil apparatus implementation. This study aims to formulate urgency of leasing operational service vehicles in the Keerom District Government. This study uses normative legal research as research method. The legal material obtained will describe and relate in such a way that it is presented in a more systematic writing to answer problems that have been formulated. Result shows the procurement of official vehicles was chosen through the rental process to minimize expenditure in the context of budget economy, effectiveness, and efficiency. Rental official vehicles in the Keerom Regency Government function as a support for regional government in achieving targets as its responsibility to provide welfare for community. Keywords: local government; operational service vehicles; rental 
Women Impoverishment Through the Transfer of Ulayat Land Rights Wahyuni Retnowulandari
Jurnal Dinamika Hukum Vol 20, No 1 (2020)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2020.20.1.2965

Abstract

Indonesia has ratified the Convention on the Elimination of All forms of Discrimination Against Women in 1984. However, the fact remains that women are still often subordinated, including customary land rights such as cases in Lombok, Minangkabau, Riau, and others that prioritize investment that would bring economic benefits adat authorities in which do not involve women. Moreover, the dispute over the ulayat land’s function impacts families’ poverty, including women. Therefore, scientific work with a normative approach using secondary data had sought to compile some of the results of previous empirical research that had raised the case of the transfer of customary land rights. It recommends ways to overcome them by reforming specific regulations regarding the procedure of transferring customary land rights to state rights and equitable ownership rights, and with a gender perspective.Keywords: women’s rights; customary land; gender perspective 
The Power of Mediator Suggestions in Mediating the Settlement of Pancasila Industrial Relations Disputes Outside the Court Siti Kunarti
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.2019.19.3.1881

Abstract

One of the settlements of disputes outside the court, mediation is understood as a settlement that is non-judgmental, fast, inexpensive, and provides access to the disputing parties to obtain justice or a satisfactory settlement by means of a win-win solution. The role of an industrial relations mediator is urgently needed to achieve harmonious industrial relations. The mediator becomes a point of contact who plays an active role in settlements outside the court. The strength of the mediator's suggestion in mediation is something that greatly determines the continuity of the settlement process because it can be a dispute resolution up to the Industrial Relations Court (PHI) if the negotiation and the mediator's written recommendation are not accepted by one or both parties. In a formal claim to the Industrial Relations court, a written recommendation is part of the minutes of industrial relations dispute settlement. A written recommendation only has power if a collective agreement is made and is registered with the PHI to get the power to be implemented. Deliberation to reach a consensus through mediation settlement with a written suggestion as one of the settlement methods in Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement has not been optimally implemented as long as it is not registered with PHI to have permanent legal force.Keywords: Mediation; Pancasila; Industrial Relations Disputes.
Legal Compliance On The Road As The Effort To Overcome Jakarta’s Traffic Congestion Elfrida Ratnawati Gultom
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.2019.19.3.2601

Abstract

Traffic discipline is an important attitude. Road drivers need to be accustomed to it if they want to reach their destination safely. Drivers need to be disciplined regarding regulation. Jakarta is a densely populated city with the problem of traffic congestion due to its road users who do not comply with regulations. Why are the people of Jakarta not discipline in traffic? What is the solution to make them obey traffic rules? These are main problems discussed in this paper. The research used the normative method, analyzed descriptively, used primary data which was supported by secondary data, and processed qualitatively. Jakarta people are not disciplined in traffic because there is no awareness about the importance of traffic order. As solutions, theremust be a strict law enforcement on the road, and officers must keep providing information to the public on the importance of traffic order. There must be sanction as a deterrent effect for those who are not disciplined in traffic.Keywords: legal compliance; law enforcement; traffic order.
Annotations to Article 50 Letter (I) Law Number 5 of 1999 on The Prohibition of Monopolistic Practices and Unfair Business Competition Nadya Rizki Emeralda; Sukarmi Sukarmi; Reka Dewantara
Jurnal Dinamika Hukum Vol 20, No 1 (2020)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2020.20.1.2807

Abstract

The discourse regarding the exception of cooperatives as an institution that is not an object in Article 50 letter i in Law Number 5 of 1999 on the prohibition of monopolistic practices and unfair business competition has been going on for a long time. The annotation of this article is seen from the incompleteness of the explanatory norm in article 50 letter i, as well as the facts on the KPPU's decisions rejecting cases that use this article as a shield. This research used normative research methods to analyze the existence and usefulness of article 50 letter i of Law No. 5 of 1999. The results of this research were in the form of juridical incompleteness and the irrelevance of this article with the sociological conditions existing in society today. Based on the economic analysis of the law, this article did not fulfill the element of effectiveness because it would only increase the submitted cases. The recommendation of this study is that there are no more exceptions to cooperatives because they are no longer in accordance with the exception reasons by the legislators at that timeKeywords: Cooperative, Unfair Business Competition, KPPU Verdict
Reconstruction of Over-the-Counter Transaction Settings Based on Legal Certainty I Wayan Surya Hamijaya J
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.2019.19.3.2718

Abstract

OTC (Over-the-Counter) Transaction has become one of the alternative choices that greatly benefits to the parties. Problems then arise when the law has been formed by the competent authority, but it creates legal uncertainty due to the regulations that regulate the same things but different contents. The OTC Transactions are regulated in Financial Services Authority Regulation Number 22 / POJK.04 / 2019 on Securities Transactions. It is stated that the OTC are included in securities transactions, of which transactions can be done both in the primary and secondary markets. However, the Regulation Number 8 of 1995 does not regulate the OTC transactions. This can lead to the legal uncertainty towards the OTC transaction agents since there are more than one regulation governing the same problem. In addition, a reconstruction is needed for legal protection and dispute resolution related to the OTC transactions.Keywords: OTC transactions, regulatory reconstruction, legal certainty. 
Local Assistance as Legal Capital Sustainability of The Environment in Bangka Belitung Archipelago Province Hasmonel Hasmonel; Derita Prapti Rahayu; Faisal Faisal
Jurnal Dinamika Hukum Vol 20, No 1 (2020)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2020.20.1.2730

Abstract

Consideration of the importance of environmental preservation based on local wisdom is an embodiment of the law that lives in the community. The law works and is embedded in a socio-cultural matrix to answer the problem of inventory of local wisdom in the Bangka Belitung Islands Province. Research carried out with a non-doctrinal approach (socio-legal research) is an approach in legal research in which law is conceptualized as an empirical phenomenon observed in the realm of experience. Local wisdom in the Bangka Belitung Islands Province includes those in Bangka Regency (ampak tin), West Bangka Regency (customary sanctions of the jungle bulin), and Belitung Regency (macara taun) as explained above, as a representation of environmental preservation in the Bangka Belitung Islands Province. Keywords: Lokal Wisdom, Environmental Conservation, Bangka Belitung Islands Province.
Optimizing The Role of The Consumer Dispute Resolution Agency (BPSK) Through The Reformulation of Government Regulation No. 80 Of 2019 Concerning Trade Through Electronic Systems in The Order of Making Legal Sure Sahat Maruli Tua Situmeang
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.2019.19.3.2824

Abstract

The e-commerce transaction dispute resolution mechanism in PP PSME is considered inefficient and does not provide legal certainty for consumers and for business actors considering the existence of several similar regulations that have existed before. This study aims to determine that the implementation of PP. 80 of 2019 has added an alternative mechanism for e-commerce transaction dispute resolution which is actually considered convoluted, inefficient and does not provide legal certainty. Through the normative juridical research method, which is the aPProach to the problem by seeing, analyzing and interpreting theoretical matters concerning legal principles in the form of conceptions, statutory regulations, views, legal doctrines and related legal systems. In this study, the authors have the opinion that in an effort to realize legal certainty, legal simplification, legal unity and the realization of a fast, simple and low cost dispute resolution, it is necessary to make efforts to establish legal norms through reformulation of PP. 80 of 2019 concerning Trade Through Electronic Systems. Keywords: Electronic commerce; Legal certainty; Legal formation through legal reformulation.
A Remunicipalization Idea on Water Management in DKI Jakarta Province Setiadi, Wicipto; Pratiwiningrum, Aprilia Zul
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.2019.19.3.2657

Abstract

Since 1997, water privatization has existed but there is no significant progress on water management in Jakarta. Many households don’t have access to clean water due to the leakage and outdated pipes as well as the non-legal contract between PT. Aetra Air Jakarta and PT. Palyja. The contract was not in accordance with Article 33 (3) of the 1945 Constitution of the Republic of Indonesia and not in a fair tender. The research problems focus on: what actions are taken by theJakarta Government to take over the water management in Jakarta and Can theremunicipalization policy be used as a model in Jakarta? This research uses thenormative legal method. In order to address the issue, the Jakarta Governmentapplies the remunicipalization on water management. The government hasassigned the task force to find the ideal solution. The task force comes up with 3alternatives: status quo, contract termination, processed to the civil court.Keywords: Remunicipalization; DKI Jakarta Province; Water Privatization.

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