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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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Making Contracts by the Board of Commissioners to Represent Limited Liability Companies in Commercial Transactions Mitchell Hans
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.2020.20.1.2828

Abstract

The supervisory board is eligible to represent a limited liability company, within and outside the court, including forming a contract in a commercial transaction, pursuant to its articles of incorporation and approval from its general meeting of shareholders if all directors are unavailable, involved in any conflict of interest, or suspended. According to the explanation, this article discusses the validity of the contract formed by the supervisory board dan its legal consequences. For addressing such issues, conceptual and statute approaches are adopted. After the analysis, the contract concluded by the supervisory board remains valid and binding if it fulfills requirements for the valid contract, laws, and the articles of incorporation. Therefore, the supervisory board is capable of acting on the company’s behalf under relevant rules. As a suggestion, the supervisory board is required to understand and exercise its authority in accordance with laws and related articles of incorporation. Keywords: supervisory board; contract; limited liability company
Political Policy Related to Alleviation of Underdeveloped Regions Through Tourism Investmen (A Study in Pacitan Regency) Kurniawan, Furqon; Sukarmi, Sukarmi; Hadiyantina, Shinta
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.2019.19.3.2683

Abstract

Indonesia has plentiful potential ecotourism in numerous areas which has not been explored yet by the Authorities such as the Ministry of Tourism. Each region has the authority to regulate its own territory by making policies based on the Law on Regional Government. The Regional Government of Pacitan Regency has established three Regional Regulations that are relevant to investment development efforts in the tourism sector. Each Regional Regulation certainly has a political goal to be achieved. This legal research was conducted to analyze the form of legal politics related to investment development in the tourism industry based on the policies of the Regional Government of Pacitan Regency that have been implemented. This type of legal research used empirical juridical analysis of qualitative data obtained through field studies and literature studies to find out the implementation of regional regulations related to tourism in Pacitan Regency. The conclusion of this research is that the Regional Government of Pacitan Regency opens the widest possible investment development efforts in the field of tourism through the establishment of Regional Regulation policies.Keywords: Investment; Political Policy; Tourism; Underdeveloped Region
Legal Status of The Social Security Administrator (BPJS) As A Public Legal Entity Diah Arimbi
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.2019.19.3.2700

Abstract

The Social Security Administrator (BPJS) as an independent public legal entity has its legal position and authority. Because of the regulation issued by the Ministry of Health, the independence of BPJS is interfered with. The relationship that has not been well organized and elegant between BPJS and the Ministry of Health has caused many program problems in the field. Therefore, we need to figure out where the position of BPJS is as a state institution with a public legal entity. The BPJS forms the basis of the Welfare State, through which the government carries out its role of providing basic citizens’ rights to life. Based on Article 28 H and 34 of the 1945 Constitution, the National Social Security System (SJSN) law was established. The Social Security Administrator for Health (BPJS Kesehatan), a legal entity established by the law to administer social security programs, was then formed. Based on those bases, the relationship between BPJS of Health and the Ministry of Health is functional so that the BPJS as a state institution responsible to the President has complete independence. Keywords: Social Security Administrator for Health; Public Legal Entity; Legal Position.
Premium Remedium Principal in Criminal Death Penalty of Drug Dealers Novita Sari
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.2019.19.3.2590

Abstract

The rise of drug abuse is inseparable from the existence of illicit drug trafficking carried out by drug dealers.In fact, the most severe punishment, in the form of death penalty, needs to be given to reduce the prevalenceof drug abuse in Indonesia. However, the death penalty for drug dealers in Indonesia is still very minimal, soit is necessary to apply the premium remedium principle that is used by judges in giving the death penaltysince drug trafficking is considered detrimental to the interests of the state. Through the Normative-EmpiricalLegal Research method and the legislation approach, a study was obtained on the importance of applying thedeath penalty for drug dealers in Indonesia. Even this action does not violate human rights because the safetyof the nation's youth is more important, but. However, in its application, this death penalty still raises thepros and cons in societyKeywords: Premium remedium; drug dealers; death penalty; human rights
Contempt of Court in Indonesia: The Meaning, Root of Problems and Its Alternative Solutions Yayan Sopyan
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.2020.20.1.2731

Abstract

The independent, transparent, and accountable judicial power is a conditio sine quanon for a democratic nation of law. Judicial power is executed through the judiciary to enforce the law and justice. Case trading, controversial decisions disrupting the sense of justice, are the causes of declining judiciary authority. This study uses a normative legal research method with the existing legislation approach as a positive legal norm. The cause of the contempt of court in Indonesia is due to internal and external factors. The internal factors are those including the powerless independence and impartiality of judges, declining authority, decision quality, and integrity.  The latter are the community’s attitudes such as selfish, permissive, unable to control themselves, and disrespectl to the judiciary. The solution is the importance of improving the contempt of court law, restoring all decent functions of the judiciary, and educating the community to have legal awareness.Keywords: contempt of court; legal awareness; judicial authority.
The Impact of The Development of Investment and Construction on The Land Reform Years in Indonesia Ari Tri Wibowo
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.2019.19.3.2597

Abstract

This study measures the effect of laws that eases liberal investment to land reform utilization in Indonesia regulated from Law Number 5 of 1960 or commonly referred to as the Basic Agrarian Law, the Government of the orde lama or colonial regulations, orde baru or new regulations, and many reforms issued policies that are certainly different from each regime. A literature review is used as the study approach. This study found that the presence of a law that facilitates investment has a major effect on the implementation of land reform, and the regulations that emerge tend to be liberal and only benefit certain parties. This is certainly contrary to the Indonesian legal basis law, namely the 1945 Constitution, especially Article 33 paragraph 3 and also Pancasila. Meanwhile, a successful land reform will increase economic growth in various countries that implement it because land reform helps increase people’s income.Keywords: Investment, Land reform, Economic Growth
Methodology and Scope of Social Fiqh (Thinking Study KH. M. Sahal Mahfudh) Muhammad Sulthon
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.2019.19.3.2580

Abstract

The purpose of this research is to answer the problem formulation, what is the nature of social fiqh? What is the methodology of social fiqh? This research is a legal research with doctrinal dimensions, interpreted logically and dogmatically. The nature of this research is qualitative with theological and sociologicalapproaches. Social fiqh basically includes three things; First, social fiqh shifts the perspective of fiqh which is pure science towards applied science. Second, shifting deontological understanding toward teleological. Third, emphasizing fiqh method in giving birth to legal provisions, from giving satisfactory answers to efforts to realize the objectives of fiqh. Social Fiqh clearly has a methodology that is a contextualization of fiqh texts, switching to mazhab qauli ke mazhab manhaji, verification of ushul dan furu’, fiqh as social ethics, philosophical-based application of thought. What distinguishes this study from previous research is that in this study it was found that the social fiqh of KH. M. Sahal Mahfudh was not only a fiqh product but also a fiqh methodology.Keywords: social fiqh; method; ijtihad; science, law 
The Problems of Collection of Income Tax on Personal Shoppers in Indonesia Hanin Alya Labibah; Diyan Ricky Warisle; Nor Faizin
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.2019.19.3.2706

Abstract

This research examines the collection of income tax on personal shopper which is reviewed from Law Number 36 the Year 2008 and the legal consequences for personal shopper who do not pay taxes due to the rise of a personal shopper who avoids paying taxes. The purpose of this study was carried out to get a clear understanding and knowledge about income tax collection on a personal shopper. The research method used is normative legal research. The results obtained from research are that the personal shopper is a taxpayer who is  obliged to pay taxes on profits from income for the benefits of its services . This research results in terms of legal consequences for the personal shoppers who do not pay taxes, are subject to sanctions both administrative sanctions and criminal sanctions. Administrative sanctions are assessed by taxpayers who pay their taxes after maturity. Criminal sanctions are imposed if the taxpayer commits a serious violation that causes a loss in state income and is carried out by the violator more than once.Keywords: Personal Shopper; Taxpayer; Income Tax.
Proving The Insanity Defense in The Enforcement of Criminal Law in Indonesia Priastami Anggun Puspita Dewi
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.2019.19.3.2739

Abstract

Criminal liability is a manifestation of the perpetrator for his or her crime. Article 44 (1) of the Indonesian Criminal Code (KUHP) explains that the insanity defense may release a perpetrator from conviction. For this research, the utilized research method was normative legal research, by which legal regulations are examined and the results neither reject nor accept a hypothesis, but give prescriptions for what should be proposed. The results of this research showed that first, insanity defense can release a criminal offender from conviction. This is because the perpetrator is unable to consciously understand that his or her actions are against the law, and that person cannot be held with criminal liability. Second, the construction of a verdict to declare whether or not a person qualifies for the insanity defense must be made in advance of his or her psychological condition, to decide if it is appropriate for the perpetrator to be convicted.Keywords: Proving; Insanity Defense; Enforcment of Crimina Law.
Implications Of Victim Precipitation On Imposing Criminal Sanctions For Perpetrator (Study In The City Of Purwokerto) Hendriana, Rani; Retnaningrum, Dwi Hapsari; Puspita Sari, Dessi Perdani Yuris; Nuryanti, Imas Puji
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.2020.20.1.2258

Abstract

The study of victim precipitation in Purwokerto is still lacking. Consequently, it is nearly impossible to get clear correlation between victim precipitation and the imposition of criminal senctions for perpetrators. The problems studied in this research are the implications of victim precipitation towards the imposition of criminal penalties for the perpetrators and factors that tend to impede the repercussions. This research used a qualitative research method, with juridical approach related to the imposition of a sentence for the perpetrator that is in the form of criminal punishment, which is lighter than prosecutor’s demand. However, not all judment of the judge include the victim precipitation aspect explicitly in considering the imposition of criminal sanctions. The legal substance aspect is the intervening factor, which is the specific minimum criminal threat that can override victim precipitation. Other contributing factors are the legal structure and the legal culture of the community.Keywords: perpetrators, implications, criminal sanctions, victim precipitation

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