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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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The Benefits Analysis of The Issuance Of Sukuk Savings In Road Infrastructure Development In Indonesia Guswanto Endra Gautama; Gemala Dewi
Jurnal Dinamika Hukum Vol 21, No 1 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.1.2873

Abstract

State Sharia Securities which in technical terms are commonly known as state sukuk, are state securities issued based on sharia principles. One form of state sukuk is a Sukuk Savings. Sukuk Savings is managed based on sharia principles, and has been declared sharia compliance by the National Sharia Council - Indonesian Ulema Council. The proceeds from the issuance will be used for investment activities in the form of purchasing rights to the benefits of State Property to and the procurement of projects to be leased to the Government. Rewards come from the profits from the investment activities. How to regulate the issuance of savings sukuk in the development of road infrastructure in Indonesia and how the potential benefits of its application for economic infrastructure development in Indonesia are the main issues to be analyzed in the paper this. This research uses normative legal research methods. Basically, sukuk is one of the breakthrough sources of funding funds made by the government in implementing its commitment to accelerate infrastructure development and as an alternative investment product with sharia principles for the community.Keyword: Financing; Infrastructure Development; Sukuk Savings
Rights of the Indigenous Peoples to Self-Government: A Comparative Analysis between New Zealand and Canada Hind Sebar; Rohaidah Nordin
Jurnal Dinamika Hukum Vol 21, No 1 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.1.2878

Abstract

Canada and New Zealand are the western liberal democracies settled by a predominantly English-speaking majority. Their legal and constitutional system depends on English common law. Both Canada and New Zealand have a high percentage of indigenous peoples irrespective of the 4% difference in Canada and 15% in New Zealand. Both states rank high in global comparisons of human development. There exist many differences in the rights of self-government of indigenous peoples in both Canada and New Zealand. These distinctions in the application of the self- government right in local and regional level greatly impacts how indigenous peoples put self- government into practice and brings forth significant questions about which version of these applications best serves the interests of indigenous peoples. This is a comparative study that expounds the differences between constitutions of both countries together with the distinctions in the rights of self-government of indigenous peoples. By using the legal combative method to compare constitutions of Canada and New Zealand and their policies regarding rights of self-government of indigenous peoples, this study concludes that with respect to clear constitutional and legislative recognition of the right of self -government Canada is more advanced. Additionally, this study points out significant institutional work differences between indigenous peoples’ self-government rights in both countries.  Keywords- Canada; Indigenous peoples; indigenous rights; Native; New Zealand; Self-government.
State Responsibility During Covid-19 Pandemic In The Perspective Of The Indonesian Constitutional Law Riris Ardhanariswari
Jurnal Dinamika Hukum Vol 21, No 1 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.1.2924

Abstract

Abstract--Coronavirus first emerged and spread to humans from Wuhan city, China at the end of December 2019 and spread to Indonesia and became a serious concern in Indonesia since March 2020 as it was stated as a nationaloutbreak. The Indonesian Constitution asserts that the purpose of formation of the State of Indonesia is to protect the whole people of Indonesia and the entire homeland of Indonesia, to promote general prosperity, to develop the nation’s intellectual life, and to contribute to the implementation of a world order based on freedom, lasting peace and social justice. The Covid-19 pandemic is not only occurring in Indonesia, but also in other countries, and each country certainly issues different policies. The state with its authority should respond to the condition in the community, which this research is based on. This research employed a normative legal method and used secondary data as its main data. Various policies are issued by the Indonesia Government from Government Regulation in Lieu of Law No. 1 of 2020 which has become Law No. 2 of 2020, Government Regulation No. 21 of 2020 on the Large Scale Social Restriction in Coronavirus Disease 2019 (COVID‑19) Response Acceleration to technical regulations issued by ministers to solve Covid-19 related issues. The policies are certainly the implementation of the state’s responsibility to the people.Keywords- State Responsibility, Constitutional Law
Ordinary State Administrative Dispute and Positive-Fictitious decisions Dispute in Administrative Court (PTUN), In Relation to Administrative Appeal Weda Kupita
Jurnal Dinamika Hukum Vol 21, No 1 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.1.2922

Abstract

The State Administration decisions,  is a written determination by a government official, if it is the object of a dispute in the Administrative Court, it is categorized as an "Ordinary State Administrative Dispute". PTUN is also authorized to adjudicate disputes caused by the existence of "Positive-Fictitious Decisions", which is interpreted as a silence of government officials not issuing the requested petition, then the petition is considered legally granted. The dispute is categorized as "Fictitious-Positive Decision Dispute". Before filing a lawsuit to the Administrative Court, it must first take an " Administrative Appeal ", it is determined if the authorized official does not respond (acts in silence) to Administrative Appeal, then "Administrative Appeal are deemed granted". Then there will be a juridical problem: "whether the dispute will be tried by PTUN as" Ordinary State Administrative Dispute "or as" Fictitious-Positive Decision Dispute? ". The approach method used is Normative Juridical, qualitative normative analysis method, and grammatical and systematic interpretation method. It is not yet clear whether the legal event will become an "Ordinary TUN Dispute" or a "Fictitious-Positive Decision Dispute", because it cannot be classified into the two types of disputes. Certainty is needed, because the procedural law are very different between the two types of disputes.Keyword: Ordinary Dispute, Positive-Fictitious Dispute, Administrative Appeal, Administrative Court.
The Dynamics in The Formation of Regional Products Of Law During Covid-19 Period in Central Java Province Lita Tyesta ALW; Adissya Mega Christia
Jurnal Dinamika Hukum Vol 21, No 1 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.1.2862

Abstract

The policies issued by the central government in handling the impacts of Covid-19 are done through various laws and regulation.  These policies will be followed by the regional government policies through regional products of law including the Central Java Province Regional Government. This study analyzes how the Central Java Province Regional Government responds to the policies of the central government regulations so that the Covid-19 problem can be resolved properly. This research is done by normative juridical method with a statutory approach based on secondary data. The results of this study show that  Central Java Province Regional Government quickly and precisely formed various types of regional products of law based on the implementation of central government policies namely The Decree Of The Governor, The Instruction Of The Governor, The Instrunction Of Regional Secretary and various Circular Letters. Therefore, they are not the same as the usual regional regulation. Keywords: Covid-19; dynamics; regional products of law
PUBLIC PARTICIPATION URGENCY AS A EFFORTS AND REQUIREMENTS FOR THE FORMATION OF GOOD LAW Anggono, Bayu Dwi; Firdaus, Fahmi Ramadhan
Jurnal Dinamika Hukum Vol 21, No 1 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.1.2872

Abstract

One of the requirements for a good law is participatory, this is needed in the hope that the law can be effectively implemented, because the aspirations of the needs of the public have been accommodated. However, it is not uncommon for the process of establishing laws in Indonesia to be considered to be less participatory. Although there is public participation, it is considered a formality and the people's aspirations are not substantially stated in the law. The problem discussed in this paper is, how a good law product should be and whether the urgency of public participation involvement in the formation of laws. The method of approach used in this paper is the conceptual approach, based on the concept of a democratic rule of law. In addition, this paper uses a comparative approach method, which compares and studies the involvement of public participation in the process of forming laws in several countries. This paper provides an overview of a good law product and the importance of public participation as an effort to form a good and effective law.Keywords: Laws and Regulations; Rule of Law; Public Participation
The Role of the Constitutional Court as a Stimulator of the Amendment of Traffic and Road Transport Act Wijayanti, Winda; Putri, Mery Christian; Sabila, Sharfina
Jurnal Dinamika Hukum Vol 21, No 1 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.1.2920

Abstract

There is a huge increase in the number of road traffic accidents by underage vehicle drivers. They should not be in the highway, therefore it becomes parent’s obligation to watch their activity. However, they often ride vehicles in a highway that may cause road accidents that takes victims. It seems to be an unjust condition for other citizens who have been obedient in using highways. Indonesia’s Constitutional Court has the judicial review authority and has examined the Act Number 22 Year 2009 concerning Traffic and Road Transport for 13 times, somehow there is only one article that is cancelled by the Court. This Act has been implemented for 11 years and never been revised. The Decision Number 15/PUU-XVIII/2020 denied the applicant’s in challenging the Act but the court is limited as the stimulator of regulation revision that becomes the authority of legislator. This article will analyze the Constitutional Court Decision as the consideration for legislator to provide justice for every road user and elaborate the Court Decision with the existing regulation regarding road traffics to bring benefits for legislation making in the future. The Constitutional Court must have become the stimulator for legislator since the authority is limited.Keywords- stimulator; the amendment of act; the role of the Constitutional Court; traffic and road transport act
Reviewing the Medical Record Confidentiality of Covid-19 Patient Hezron Sabar Rotua Tinambunan; Elisabeth Septin Puspoayu; Eliza Tiurmaida
Jurnal Dinamika Hukum Vol 21, No 1 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.1.2863

Abstract

The Government has done several efforts in order to handling the Covid-19 virus, such as through an appeal to maintain personal hygiene, keep a safe distance, and do not come in direct contact with others. The spread of this appeal was carried out on various platforms, ranging from advertisements on television nor social media. The coverage through the media includes which areas have been exposed by Covid-19, the number of people who have been considered infected, recovered, and the number of people who have died from the virus. Oftentimes, the news is followed by the dissemination of the peoples identity, on the grounds that the public should be more careful, whereas the patient’s identity is strictly protected based on the patient’s right to privacy or medical confidentiality. This writing uses a normative juridical research method. The issues raised were related to the privacy rights and medical confidentiality in the handling of Covid-19. Article 51 of Law No. 29/2004 concerning Medical Practice stated that a doctor is obliged to keep all the information about the patient, even after the patient died. This uphold the fact that a medical confidentiality are closely related to human rights.Keywords: Covid-19; Medical confidentiality; Patient
The Urgency and Mechanism for Halal Certification of MSME Products in E-Commerce Wirdyaningsih, Wirdyaningsih; Syahida, Aufi Qonitatus; Karimah, Iffah; Nabilah, Annisah Marwah
Jurnal Dinamika Hukum Vol 21, No 2 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.2.2865

Abstract

The current development of technology supports the use of e-commerce for fulfillment of public needs. Nowadays, more start-ups and digital companies in Indonesia, including Micro, Small and Medium Enterprises (MSME) are targeting sharia market through selling halal goods on e-commerce shop and provide sharia investment products for Muslims. However, the high usage of e-commerce in Indonesia, which has become a necessity for Muslim societies, is not comparable with halal certification on MSME products in e-commerce. Based on the problems, this paper examines the urgency and mechanism of halal certification in MSME products in e-commerce in Indonesia. This research uses juridical-normative research methods to address this issue. Based on the research result, researchers found that coordination with all parties is needed, ranging from the government to the industrial actors, so that all MSME products from e-commerce can easily carry out halal certification. The government needs to form a digital economic interconnection of sharia so that the sharia economy is also not left behind in terms of financial technology, Islamic financial institutions, online commerce, and social finance. Various parties including the Ministry of Trade, the National Sharia Council (DSN) MUI need to make regulations and fatwa in support of halal certification in e-commerce. Keywords: e-commerce; halal certification; Indonesian economy; MSME; products.
Tenancy Agreement: Can Tenant Declare that the Agreement is Void due to Movement Control Order? MUHAMMAD ASYRAF AZNI; Suria Fadhillah Md Pauzi
Jurnal Dinamika Hukum Vol 21, No 2 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.2.2870

Abstract

The government of Malaysia has declared Movement Control Order (MCO) for the whole Malaysia in order to flatten the curve of Covid-19 infection. Universities, such as UiTM, consequently has been ordered by the government to close its campuses and as such students who are renting a house are wondering whether they can terminate the tenancy agreement which they have entered into. The paper analyses the legal position of doctrine of frustration and force majeure in this context. The analysis is done based on the cases and/or legal provisions from various jurisdiction such Malaysia, Singapore, and the United Kingdom. This paper finds that force majeure clause is most likely cannot be used to terminate the agreement because this clause is usually not included in the terms of the agreement. Doctrine of frustration on the other hand might be use as a ground to terminate the agreement. However, the court will apply the doctrine of frustration in a very careful manner so as to respect the sanctity of the agreement. In conclusion, whether or not tenancy agreement can be terminated due to MCO, it will all depends on the terms of each tenancy agreement.Keywords: contract; Covid-19; force majeure; frustration; MCO

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