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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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Determination of The Authority To Adjudicate Child Adoption For Muslims in Indonesia Bintoro, Rahadi Wasi; Maryono, Antonius Sidik; Sanyoto, Sanyoto; Kupita, Weda; Prasetyo, Muhammad Bagus Tri
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.2021.21.3.3150

Abstract

This article seeks to raise legal issues regarding child adoption, because adoption of children in the customary law system and Islamic law in Indonesia brings different legal consequences in family law. The focus of this study is to discuss the implications of the adoption of children in district courts and religious courts and the determination of the competence of the court in the adoption of children. This study uses normative research with a conceptual approach and legislation with the main data in the form of laws and regulations and the law of adoption. Based on the analysis, The Religious Judiciary uses the concept and legal basis of Islamic Law, while the General Judiciary uses the concept and legal basis in the form of Customary Law. Customary Law, adopted children have the same position, including in bequeathing, with the biological child, while in Islamic law does not know the concept of adopted children, but nevertheless for the benefit of the Compilation of Islamic Law gives the opportunity to the community to perform the adoption of the child.Keywords: adoption, customary law, Islamic law 
Gender Equality in Politics (Study on The Indonesian Constitutional Court's Decisions on Judicial Review Related to Women's Political Participation) Riris Ardhanariswari; Tenang Haryanto; Supriyanto Supriyanto
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.2021.21.3.2844

Abstract

Such conception of human rights is in line with international human rights law, in particular with adopting a comprehensive women's rights instrument, namely the Convention on the Elimination of All Forms Discrimination Against Women, hereinafter referred to as the CEDAW Convention, which was ratified by the State of Indonesia with Law No. 7 of 1984 on Ratification of the CEDAW Convention. Women, especially in Indonesia are still left behind both in public life and politics. This raises the issue of gender equality, which means a condition of "inequality" experienced by women. The current trend in society is that women tend to participate in the national level such as general elections or participation in the DPR or MPR. Currently, there is yet any law that comprehensively regulates the protection of women's rights. Indonesia still rely on legal instruments regarding gender equality with various conventions such as the CEDAW Convention, the ICESCR Convention, and the ICCPR Convention. Women face discrimination, not only in the domestic sector but also in the public sector. Therefore, it is important to learn and develop the multifunctional dynamic character of women. This development has appeared in various Constitutional Court's decisions on judicial review of laws.Keywords: genderequality;judicial reviews;general election
Extradition Arrangements in Efforts to Eradicate Corruption Crimes in Indonesia Sulaiman Rasyid; Joko Setiyono
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.2021.21.2.3154

Abstract

Corruption is a serious threat to the stability and security of the state and the international community and has weakened institutions, democratic values and justice. This article discusses extradition arrangements in Indonesian law and discusses efforts to eradicate corruption through extradition agreements. In conducting this research, this research uses a literature study research method. The results of this study are extradition can be carried out based on an agreement and if there is no agreement between the two countries, then extradition can be carried out on the basis of good relations between countries. If there is no previous extradition treaty between the requesting country and the requested country, the requesting country can request arrest through INTERPOL. In terms of returning assets resulting from corruption, there is a Mutual Legal Assistance in Criminal Matters (MLA) mechanism that can be applied this is because corruption is considered a serious crime and this crime is transnational in nature so it requires cooperation between countries to eradicate it.Keywords: extradition; corruption; serious crimes; law enforcement
Legal Aspects of Medical Action Without Informed Consent in ER Jember Lung Hospital in 2020 Wahjuni, Edi Wahjuni; Sari, Nuzulia Kumala
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.2021.21.3.2671

Abstract

Before working on a medical action, the doctor must provide information and get approval from a competent patient or next of kin, in the form of informed consent documents. The formulations of these research problems are a) How is the implementation of informed consent for emergency patients at Jember Lung Hospital Emergency Room (ER)? and b) What are the legal aspects of working on a medical action without informed consent in handling the emergency patients? The research  method that  is used  is juridically normative with the method of legal approach. The data sources are from primary and secondary legal sources, and interview results. The research site is at Emergency Room of Jember Lung Hospital. During January to March 2020 there were 956 emergency patients who received medical action at the Emergency Room of Jember Lung Hospital. Four of the 956 emergency patients were taken without informed consent.Keywords: emergency, informed consent and medical treatment
The Right to be Forgotten as Protection for Children Victims of Non-Consensual Pornography Crime Renald Markus Sinaga; Manunggal Kusuma Wardaya
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.2021.21.2.2845

Abstract

Revenge porn refers to the distribution of sexually explicit images without the consent of the pictured individual, in most cases, this happens when someone decides to end the relationship with their partner, the partner who refused their decision then threatens to spread their sexually explicit images on the internet. So far, the existing legal system only accommodates aspects of criminal prosecution for non-consensual pornography offenders. However, if we conduct further observation, the protection that is most needed by the victims is how to reduce the negative impact of this which can harm their future. The right to forget is a right that gives a person the right to delete their data from search engines and other directories under certain circumstances. In a general context, this right is still problematic to adopt because it can threaten the rights for freedom of speech. However, in the context above, this right may be important to be applied for the protection of someone against mistakes made under the age of age. Convention on the Rights of the Child articles 16 & 40 (2) (b) (vii) as explained by the children's rights committee in General comment no. 10 (2007) on Children's rights in juvenile justice in the “Full respect of privacy” section guarantees the rights of child perpetrators of criminal offenses to be kept secret, even in the Beijing rules article 21.1 & 21.2 regulate to avoid stigmatization and/or prejudice or to increase penalties then the record of child offenders is not may be used in subsequent cases when the child is an adult.Keywords: child porn; human rights; nonconsensual pornography; porn revenge; right to be forgotten
The Indonesia Government's Strategy in Arrest and Confiscation of Criminal Corruption (Corruptor) Assets Abroad Mohas, Muhyi Mohas; Mega Jaya, Belardo Prasetya; Fasyehhudin, Mohamad; Mega Jaya, Arizon
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.2021.21.3.2882

Abstract

Eradication efforts of corrupting in Indonesia have been carried out, but until now there are still many corruption cases that have not been resolved in various ways by the perpetrators or corruptors. Corruptors often drain the funds from the results of corrupting, even the corruptors then go or run abroad. This raises problems in the process of law enforcement and recovery of financial and economic losses in the country, namely the mechanism for returning assets resulting from criminal acts of corrupting abroad. Therefore, the objectives of this study are to (1) Explain how is Indonesia Government's strategy in arrest and confiscation of criminal corruption (corruptor) assets abroad. (2) Explain how is international treaties concerning the seizure of assets resulting from criminal acts of corrupting are abroad. The research method used in this research is qualitative with a juridical legal approach normative. The results showed that the cooperation between countries is the best strategy that can be done by the Indonesia government in overcoming problems of sovereignty. Some examples of these forms of international cooperation are extradition treaties (extradition), Mutual legal assistance in criminal matters (MLA). The mechanism for the return of assets in MLA consists of four stages of the asset return process (Article 46 Chapter IV, UNCAC).Keywords:  international cooperation; eradication of corruption; confiscation of assets; extradition; mutual legal assistance in criminal matters.
Land Reform: Government Effort in Prospering Rural Communities Sukarman, Hendra; Purwadi, Kana; Muttoharoh, Intan
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.2021.21.1.2982

Abstract

This study discusses the concept of Land reform which has evolved in line with the function of land as a production factor, a source of wealth, a status symbol, and a source of social or political influence. Finally returned the commitment to run the Land reform program to the state officials to make it happen. The Land reform Agenda cannot proceed without the participation of the State. The research method used is descriptive-analytical and uses a normative juridical approach. Data collection techniques use library research and field studies. However, it cannot deny that land reform in Indonesia is none other than the objective of the Agrarian Act number 5 of 1960 itself as the basis for the existence of people's welfare, it always been a reference for land law in our country, including efforts to reform in the land sector. Land reform in Indonesia has entered 3 (three) periods: Old Order, New Order, and Reform. Proves that the land reform program is mandatory, so it is necessary to carry out a comprehensive evaluation in various regions regarding this land reform program. Keywords: land reform, evaluation, development, welfare
A Juridical Study on The Role of Waste Bank in Domestic Waste Management in Banyumas Regency Kadar Pamuji; Abdul Aziz Nasihuddin; Sukirman Sukirman; Krisnhoe Kartika Wahyoeningsih; Siti Muflichah; Noor Asyik; Aditya Riza Darmawan
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.2021.21.3.3126

Abstract

Community based waste management (PSBM) is a waste management approach based on community’s needs and demand and is planned, carried out (if possible), controlled and evaluated jointly by the community. An increase in population is always followed with increasing volume of waste, which requires change in the waste management especially from the old paradigm (collect – transport – dispose of) to the new paradigm of 3R concept (reduce, reuse, recycle). The 3R waste management pattern is implemented through waste bank empowerment by involving all elements of the community. Law Number 18 Year 2008 on Waste Management and Regulation of the Minister of Environment Number 13 Year 2021 on the Guidelines on Reduce, Reuse and Recycle Implementation through Waste Bank has opened the opportunity for public participation in waste management. All this times the Government of Banyumas Regency has applied waste management technical policies several times, but there is no express legal policy about the existence of Waste Bank. The Government of Banyumas Regency currently still prioritizes big scale waste management through a hangar system. The potential of Waste Bank as one waste conscious group and as an alternative whose role can be optimized especially in community-based waste reduction management has not got attention.Keywords: Role, Waste Bank, Domestic Waste.
Legal Certainty: Fulfillment of Human Rights Regarding Health Within Omnibus Law Through Hospital Acreditation Kana Purwadi; Hendra Sukarman; Dhaneswara Awindra Wijaya
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.2021.21.2.3192

Abstract

The second and fourth amendment of 1945 Constitution has placed right to health as a human right. The state is obliged to fulfill health services that consists of promotive, preventive, curative and rehabilitative health services. The state is also obliged to provide a proper health service facility. The term “proper” presuppose to fulfil a particular standard. Since 8th June of 2020 to the inception of the Omnibus Law the hospital accreditation standard is based on the Health Ministry Regulation No. 12 of 2020. The inception of the Omnibus Law on 2nd November of 2020 is impacting the Law No. 44 of 2009 regarding hospital specifically associated with hospital accreditation. This research analyzes the legal certainty of human’s right to health fulfilment within Omnibus Law through the hospital accreditation settings and the urgency under the establishment of Pancasila law. The used research methodology to analyze are normative juridical by examining norms in the legislation system, conducted by researching legal materials and legal documents.Keywords: Legal certainty, omnimbus law, health law, hospital accreditation
Dialectics of the Urgency of Reforming The Law of State Administrative Justice as a Synthesis M Ikbar Andi Endang; Moh Fadli; Istislam Istislam; Dewi Cahyandari
Jurnal Dinamika Hukum Vol 22, No 1 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.1.3194

Abstract

Dialectically, previously the handling and settlement of state administrative disputes used Law Number 5 of 1986 concerning the Administrative Court Law which was twice revised with Law Number 9 of 2004 and Law Number 51 of 2009 as the legal instrument of the procedure ( thesis). However, currently, the procedural law used in resolving state administrative and government administrative disputes also uses the Supreme Court Regulation instrument. This is because the Administrative Court Law Law cannot accommodate the development of material administrative law requirements and administrative law enforcement provided by sectoral laws. Apart from that, in practice, there have been changes and shifts in most of the content of procedural law (material and formal) in the Administrative Court Law. This shift was influenced by the enactment of Law Number 30 of 2014 concerning Government Administration and sectoral laws which later became the basis for the formation of a Supreme Court Regulation. The two regulations later became guidelines for proceedings in the Administrative Court Law which had a paradoxical relationship. In one aspect, there is an interrelation between the law on Administrative Court Laws, the law on government administration, and the regulations of the Supreme Court, but in other aspects, it creates an antinomy of norms. Therefore, it is important in legal reform to encourage systematic thinking to synchronize and harmonize the material and formal content of the material and formal procedural laws that are unified as a synthesis.Keywords: dialectics, harmonization of law, shifting, state administration judicial procedural law

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