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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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Conflict Resolution Discourse of Green Letter in Surabaya Nur Azizah Hidayat; Iman Zukhrufi Nur Azzam
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.2021.21.1.2869

Abstract

The Green Letter is one of the phenomenon of Land Law in the Surabaya City, because it creates a conflict of interest relating to rights, obligations and authorities, between the Green Letter holder and the Surabaya City Government. The conflict of interest results in injustice and legal uncertainity, for the parties of the conflict. This research aims to provide a conflict of interest resolution discourse on the existence of the Green Letter in the Surabaya City. This research is a doctrinal legal research with historical, statute, and conceptual approaches, as well as non-doctrinal legal research, with a socio-legal approach. In this study, it was found that the positive and negative impacts of Green Letter on the parties to the conflict, could be resolved by deliberation to reach consensus.Keywords: Conflict Resolution; Green Letter; Surabaya
THE IMPACT ON THE INHERITANCE OF NOMINEE ARRANGEMENT IN INDONESIA TO THE THIRD PARTY OF SHARE BUYERS Wibowo, Ari Tri; Prihartinah, Tri Lisiani
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.2021.21.1.2856

Abstract

Plenty of the nominee arrangement traditions in Indonesia become obstacles to the nominee arrangement’s trade chiefly when the inheritance of nominee arrangement is previled. This study examines the legal repercussion of nominee arrangement to the third parties of share buyers. This study used normative juridical approach. Then, the legal evidence were collected through literature reviews study and documents. The result has indicated that the existence of nominee arrangement inheritance can precipitate to law on share buying, exclusively the trade of share is carried out by the beneficiary without the awareness of the nominee or the nominee's inheritance. The third party who buys the shares will have a large legal impact. Keywords: Legal impact, inheritance, Nomine Arrangement
Guard And Security Team for Regional Development in Preventing Criminal Acts of Corruption Hibnu Nugroho
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.2021.21.2.2859

Abstract

To prevent the occurrence of criminal acts of corruption, the Attorney General's Office issued a Decree of the Attorney General of the Republic of Indonesia Number: KEP-152/A/JA/10/2015 dated October 1, 2015, followed by Instruction of the Attorney General of the Republic of Indonesia Number: INS-001/A/JA/10/2015 concerning the Establishment of the Government and Development Guard and Security Team (TP4) of the Republic of Indonesia Prosecutor's Office, to be followed up by all levels of the Attorney General's Office throughout Indonesia. At the regional level, the TP4D institution is expected to be able to prevent the emergence of potential corruption in projects in the regions by assisting from the inception of contracts. With assistance, the parties implementing contracts also feel the safety of being assisted by experts in the field of law, especially those related to corruption. This paper discussed the performance of the TP4D (Guard and Security Team for Government and Regional Development). This institution was dissolved after four years running and revoked based on Attorney General's Instruction Number 7 of 2019 concerning Implementation of Attorney General Decree Number 345 of 2019 concerning the Revocation of the TP4. The existence of the TP4D was actually perceived to provide many benefits by development implementers in the regions, especially its prevention of the emergence of maladministration and the potential for corruption. This article was part of the reseach of Professor Grant scheme of 2020.Keywords: prevention, corruption, escort, regional development
The Socio-Legal Study of Rights Fulfillment and Fostering Prisoner at Correctional Institutions in Covid 19 Pandemic Nur Rochaeti; Irma Cahyaningtyas
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.2021.21.2.2858

Abstract

As part of the integrated criminal justice system, Correctional Institutions play a role as law enforcement officers in addition to having a strategic role in the formation of Human Resources (HR) that are independent, responsible, quality, and dignified. The correctional system is a more humane and normative treatment system for inmates based on Pancasila and is characterized by rehabilitative, corrective, educative, and integrative or order regarding the direction and boundaries as well as ways of fostering prisoner based on Pancasila, which are carried out in an integrated manner between the coach as  a correctional officer , being fostered, and integrative or order regarding the direction and boundaries as well as the way of fostering the prisoners based on Pancasila which are carried out in an integrated manner between the coach, prisoners and integrative Public. The problem is how is the socio-legal study of fulfilling prisoner’s rights and fostering in correctional institutions during the COVID 19 pandemic. The research method used is socio-legal, to analyze the policy on Act Number 12 of 1995 of correctional and fulfillment of prisoner’s rights in coaching during the COVID 19 pandemic. The results of the study analysis that the policy in Act Number 12 of 1995 of correctional currently does not accommodate the fulfillment of prisoner’s rights in correctional facilities, prisoner’s guidance is carried out by providing useful skills after leaving correctional facilities for independence and personality, which cannot be fully utilized. Inmates optimally, after leaving penitentiary, infrastructure facilities, as well as health workers in correctional, are needed, especially when the COVID 19 pandemic. The release of prisoners is a dilemma in the condition of the COVID 19 pandemic.Keywords: arranged socio-legal; fostering prisoner; correctional institutions; COVID 19
Instilling Core Islamic Values in Industrial Relations in Malaysia Zakiyy, Norman
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.2021.21.1.2868

Abstract

Instilling religious values in maintaining good industrial relations is a much neglected area of study in industrial jurisprudence. Evidently, trade disputes are usually referred to the Industrial Court whereby resolution of disputes are usually based on the reference of relevant Industrial Court awards, civil court judgments, statutes and best practices for industrial harmony. However, little emphasis has been given to religion as an important tool for resolving conflicts among mankind. Thus, the objective of this study is to identify core Islamic values relevant in maintaining good industrial relations in Malaysia. The trans-disciplinary approach was chosen to correlate core Islamic values in meeting the two different sets of expectations; one of the employer and the other by the employee.  The methodology used is legal and content analysis of Industrial Court awards, case laws, relevant statutes and the Qur’an being the primary source of the Shariah. The main finding of the study indicates that core Islamic values such as purity of intentions, contentment, patience and consultation are essential components in enhancing the harmonious relationship between the employer and the employee; apart from gaining spiritual satisfaction. Hence, future studies on religion as an important component of industrial relations law alongside other well-established components, namely economics, sociology and politics.  Keywords- Islam; Industrial Relations law; Malaysia; Religious values
POLITICAL RIGHTS PROTECTION IN REGIONAL ELECTION: EVALUATION PERSPECTIVE OF REGIONAL EXPANSION IN INDONESIA Oly Viana Agustine; Anna Triningsih
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.2021.21.1.2866

Abstract

The reforms that took place in Indonesia brought the spirit of decentralization which was reflected in various formation, expansion, abolition and merger of regions. The high development of regional expansion is aimed at providing community welfare. In line with the formation of several newly created regions, various problems have emerged, especially in relation to the implementation of protecting the political rights of citizens in regions experiencing regional expansion. This research will discuss about how to protect the political rights of citizens in the evaluation of regional expansion in Indonesia. The results showed that in the expansion of regions, proportional considerations are needed in relation to public participation. The neglect of democratic principles in the implementation of public participation causes the violation of the political rights of citizens in regional expansion. Therefore, in regional expansion, public participation is needed as a form of democracy in protecting citizens' political rights.Keywords: Evaluation; Indonesia; Protection of Political Rights, Regional Expansion
A Legal Study of Electronic Deed On Purchase and Sale Land During The Covid 19 Pandemic Rina Yulianti; Mufarrijul Ikhwan
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.2021.21.1.2881

Abstract

--During pandemic time, land sale and purchase transaction activity is still likely conducted; therefore, to replace and to minimize face-to-face mobility among the parties, digital transaction policy should be provided through cyber notary. The objective of paper was to find out the legal framework for the certainty and validity of agreement made by notary in electronic procedure as robust evidence in land sale and purchase transaction during covid-19 pandemic time. This paper employed juridical normative research method with statute approach and conceptual approaches to study electronic deed likely made by notary during covid-19 pandemic time. Electronic land sale and purchase deed made during Covid-19 pandemic time is legitimate based on lex specialist derogate legi generally principle, the enactment of health quarantine regulation. Juridical construction to give law protection to cyber notary service, particularly land sale and purchase deed development in Indonesia, can be provided through policy issued by Ministry of Agrarian Affairs and Spatial Planning/National Land Agency through referring to the provisions about Notary (PPAT)’s authority in Notary Position Law, Governmental Administration Law, Archive Law, and Information and Electronic Transaction Law.   Keywords- Covid-19, electronic deed, sale and purchase, land
Reformulation of Sanctioning Mining Acts of Individual Legal Subjects as Efforts to Improve Ecological Stability in Indonesia Ismawati Septiningsih
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.2021.21.2.2855

Abstract

This research analyzes the urgency of the need for reformulation of individual legal subjects who commit mining crimes to encourage increased ecological stability in Indonesia. This research is normative legal research using secondary data sources through a prescriptive literature study. The results showed that the frequency of mining criminal acts committed by individual legal subjects has a high rate of cases; it also has implications for the ecological balance around the mining area. The reformulation of sanctions on particular legal matters focuses on changing the substance of articles in Law Number 4 of 2009 concerning Mineral and Coal Mining (Mining Law). In the research, it will be presented with recommendations for changes in the substance of the Mining Law article which regulates the sanction of individual legal subjects who commit mining crimes to create a deterrent effect to the perpetrators, so that in the future it is expected to encourage increased ecological stability in Indonesia through reducing the frequency of criminal cases mining.Keywords: Reformulation; Individual Legal Subjects; Mining Crimes; Mining Law; Ecology.
THE DEMOCRATIZATION OF THE ORGANIZATIONAL REGISTRATION OF INDIGENOUS BELIEFS FOR FULFILLING THE RIGHT OF CITIZENS Tuti Widyaningrum; Khalimi Khalimi
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.2021.21.1.2860

Abstract

In a democratic state, each person should ideally be equal before the law and government. ver, in Indonesia, this was not fully obtained by, Indigenous Beliefs or known as  Penghayat Kepercayaan terhadap Tuhan YME. The most significant obstacle for Indigenous Beliefs is to obtain the rights of organizational registration. Even though there is a Decree of the Constitutional Court No. 97/PUU-XIV/2016 that has equalized the position of religion and belief, there is still discrimination against Indigenous Beliefs. When they want to access their rights of citizens, they always encountered the requirements of organizational registration. This research seeks to investigate how to democratize organizational registration of Indigenous Beliefs followers in order to be able to create the equality and justice. This research employed a normative juridical method with a legal history approach to observe the extent of the historical context of the formation of legislation on Indigenous Beliefs followers’ organization.Keywords: Democracy; Indigenous Beliefs; Organization
General Principles of Good Governance in Administrative Court Decision Regarding Request for Review of Abuse of Authority Sudjati, Xaviera Qatrunnada Djana; Cahyandari, Dewi
Jurnal Dinamika Hukum Vol 21, No 3 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.3.3070

Abstract

The administrative court is given the authority to review the request for review of abuse of authority according to the legislation and general principles of good governance as the two touchstones. This review may serve as a testing benchmark to discuss the issue of the request over the abuse of authority as requested by government officials, recalling that abuse of authority has several criteria to proscribe and regulate in the general principles of good governance. The research problems involved the criteria and the bases for determining the type of abuse of authority in the request over the abuse of authority. This research employed a normative method, statutory, and historical approaches. The research results concluded that the Decision 2/P/PW/2017/PTUN.JBI holds the relevance to the current legislation, public interest, and the absence of state losses, while the Decision 09/P/PW/2018/PTUN.Sby only refers to the current legislation in terms of its relevance. Although the general principles of good governance refer to the administrative court as the touchstone, this touchstone is not optimally used in the request for review of abuse of authority.Keywords:  AUPB (general principles of good governance); Administrative Court; request for review of abuse of authority.

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