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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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Expectations and Reality of International Dispute Resolution Islami, Muhammad Nur
Jurnal Dinamika Hukum Vol 22, No 2 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.2.3222

Abstract

If we look at the provisions contained in the United Nations (especially in its preamble), it will appear that the purpose of the establishment of the United Nations is international peace and security because the United Nations was indeed formed with the background of World War I and II. In contrast, if we pay attention to the provisions of the International Humanitarian Law, the war cannot be prevented. Instead, efforts are made to humanize war. Based on the research, it turns out that the United Nations is not a neutral organization. The United Nations is a political organization run by superpowers, especially The Big Five (United States, Soviet Union, England, France and China). These five countries have veto rights and other advantages so that in international dispute resolution, it often affects the final decisions. Some decisions from ad Hoc Courts, for example, are influenced by these big countries, such as the case of Saddam Hussein. Likewise, the US policy towards cases between Israel and Palestine and terrorism is also evident. Accordingly, this normative research with a case study approach was conducted by taking samples from popular cases in international political issues. The combination of analysis from international provisions with the facts should push the analysis to be more objective.Keywords: International dispute resolution, United Nations
Pragmatic and Progressive Legal Practice: Ethnographic Case Study of Jatigede Reservoir Teddy Asmara
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.2022.22.1.3079

Abstract

This study reveals the legal method in the process of land compensation in the Jatigede reservoir, and focuses on: the existence and application of pragmatic law by rural farming communities; and the government's use of progressive law. By using a combination of case study and micro-ethnographic methods, the answers are obtained, first, the pragmatic legal character is relatively in line with speculative cognition and defensive principles; its adaptive application is to resist the law silently, and the aggressive one is to violate the law openly. Second, the government understands the manipulation of compensation as a reflection of the accumulated injustice and economic difficulties of the citizens, therefore the government makes regulations that prioritize the restoration of people's welfare rather than fulfilling the requirements of legal logic.Keywords: people's welfare; speculative cognition; compensation manipulation; defensive principle; ethnographic-case study
Settlement of Gross Human Rights Violations in the Perspective of Local Wisdom in Indonesia (Case Study of Tanjung Priok) Hendro Dewanto
Jurnal Dinamika Hukum Vol 22, No 2 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.2.3239

Abstract

This article aims to explain the obstacles in handling cases of gross human rights violations in Indonesia and the concept of resolving cases of serious human rights violations in the perspective of local wisdom. This article does not only lead to normative law that is more directed to research on the legal principles but also considers empirical facts as a reality in the settlement of gross human rights violations. Using the Case study of Tanjung Priok, the author focuses on the challenges to the settlement of gross human rights violations in the perspective of local wisdom. The results showed that the settlement of gross human rights violations through the legal process has encountered many challenges and deadlock, along with trauma to victims that result in a severe and long-lasting effect. Second, the settlement of gross human rights violations in the Tanjung Priok case can be carried out by the state, by apologizing to the victim as well as providing reparations, rehabilitation, and compensation as a state responsibility. For the recommendations, the author suggests the need for more detailed arrangements of solutions for victims whose case already has permanent legal force, such as in the Tanjung Priok case, and accommodating the values of local wisdom to improve the norms contained in the Law on Human Rights Court, especially those relating to the process of settling gross human rights violations through non-judicial channels.Keywords: Settlement of Gross Human Rights Violations; Tanjung Priok case; local wisdom
The Ambiguity of Norms in Article 66 (C) of Law No. 30/1999 on Arbitration And Alternative Dispute Resolution: Causes, Implications And Resolutions Muhamad Dzadit Taqwa; Tazkia Nafs Azzahra; Maria Jasmine Putri Subiyanto
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.2022.22.1.3146

Abstract

According to Article 66 Letter C of Law Number 30/1999, one of the requirements for an international arbitral award to be accepted and executed in Indonesia is that it does not violate public order.  There is an issue with the norms’ ambiguity; it concerns the definition and the application of the term "public order". As a result, international arbitration awards are more likely to be overturned based on quo conditions. This paper explores the causes and the implications of this ambiguous term. Following then, various potential resolutions to the problem were provided. but removing the article might not be a wise option. Although various publications have studied the recognition and execution of foreign arbitral awards, no comprehensive examination of Article 66 Letter C of Law Number 30/1999 could be identified.Keywords: international arbitral awards, norms’ ambiguity, public order, recognition.
Considering Gowok Cultural Traditions as Prostitution is a Logical Fallacy Achmad Fadilah
Jurnal Dinamika Hukum Vol 22, No 2 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.2.3238

Abstract

Gowok is a cultural tradition that ever existed in Banyumas. This tradition aims to provide understanding, education, and training for a boy who is about to become a teenager or is about to enter the stage of marriage, by a woman who will act as his partner, so that when the boy gets married he can provide physical and spiritual support for his wife. The lack of information about the Gowok cultural tradition makes the construction of the social reality of the community towards the tradition to be bad and negative. Some even think that the Gowok cultural tradition is hidden prostitution. This assumption needs to be straightened out again because it is not entirely true. There are several significant differences between the Gowok cultural tradition and prostitution. This study uses historical research methods with qualitative analysis which is based on literary literacy research and Sin Po newspaper documents in 1941. This study shows that the Gowok cultural tradition experiences misperceptions that continue to mean decadence and ultimately lead to a logical fallacy.Keyword: Gowok, Ronggeng Dukuh Paruk, local wisdom, prostitution, logical fallacy
Deregulation and Debureaucratization of Business Licensing Services Through The Online Single Submission (OSS) System in Local Governments Post Government Regulation Number 24 of 2018 Concerning Electronically Integrated Business Licensing Services Mohamad Fasyehhudin; Belardo Prasetya Mega Jaya; Yogi Muhammad Rahman
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.2022.22.1.3129

Abstract

Through deregulation and debureaucratization of licensing services, businesses use the Online Single Submission (OSS) system at OSS institutions, ministry, institutions, and local government, to realize increased and accelerated investment and business. This study aims to find out, analyze and answer the aspects of deregulation and debureaucratization in the context of efficiency and effectiveness of electronically integrated business licensing services using OSS in Regional Government. Important aspects of deregulation that must be considered are requirements, rights and obligations, standard operating procedures, period of validity, service time, and costs. Then, the important aspects of debureaucratization must be considered that related to institutions/departments in ministries, institutions, and local governments paying attention to the ease of service processes, human resources or service personnel who have special competencies in their fields, including effective coordination between ministries, institutions, and government at the regional level, among adequate service infrastructure, including optimizing the OSS system with advanced information technology, communication media, and convenient service areas.Keywords: deregulation, debureaucratization, public services/licensing services
Juridical Overview of the Mechanism for the Forest Area Release and Investment Facilities for Infrastructure Development in Nusantara Capital City Haira, Haibati; Faradz, Haedah; Sanyoto, Sanyoto
Jurnal Dinamika Hukum Vol 22, No 2 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.2.3191

Abstract

The relocation of the central government and the state capital to Nusantara Capital City is accompanied by infrastructure development in East Kalimantan, known as the world’s lungs because of its vast forest reserves, which have been designed as a national strategic priority project. This study examined and answered problems related to the identification of the use of forest areas for infrastructure development in Nusantara Capital and its forest realizing mechanism and the investment facility provided by the Indonesian government to boost the investment climate in Nusantara Capital. The research method used is a normative juridical approach. The main findings are the release mechanism for the convertible production forest carried out by Nusantara Capital City Authority for infrastructure development in Nusantara Capital City and the investment facility for its infrastructure development, including but not limited to granting fiscal and non-fiscal incentives.Keywords: forest area release; convertible production forest; state capital; infrastructure development; investment. 
Challenges and the Overcoming Strategies in Implementation of Attorney General's Guidelines Number 18 of 2021 Achmad Aris Mugiandono; Enggar Dian Ruhuri; Mutiara Girindra Pratiwi
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.2022.22.1.3236

Abstract

The application of non-prison sentences is very minimally carried out by Law Enforcement officers so that the number of prison/detention center residents exceeds capacity (overcrowding). The Prosecutor's Office of the Republic of Indonesia through the reorientation of law enforcement policies in the implementation of The Republic of Indonesia Law Number 35 of 2009 concerning Narcotics has issued Guideline Number 18 of 2021 concerning Settlement of Handling Criminal Cases of Narcotics Abuse through Rehabilitation with a Restorative Justice Approach as an Implementation of the Dominus Litis Principle of Prosecutors which is a reference for Public Prosecutors in handling Narcotics cases so that prioritizing Rehabilitation at the Prosecution Stage which is inseparable from restorative justice. The research uses normative research methods that use secondary data in the form of scientific journals, literature, and news websites about the problem, as well as analysis based on conditions that are likely to develop about this problem. Steps that can be taken to overcome challenges in implementing the Guidelines are the need to integrate the rules for resolving cases of narcotics crimes with a Restorative Justice approach between law enforcement officers, especially Police Investigators and the Prosecutor's Office, rules that are in line with the internal rules of each law enforcement agency.Keywords: prosecutor; narcotics; restorative justice; dominus litis, challenge.
The Effectiveness of Coaching Prisoners With The Therapeutic Community Method in The Cirebon Class IIA Narcotics Penitentiary Hamja Hamja; Lukman Nul Hakim; Murtiningsih Kartini
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.2022.22.1.2672

Abstract

Drug abuse is a significant problem, various rehabilitation efforts are carried out at the Cirebon Class IIA Narcotics Penitentiary, one of which is by using therapeutic communities to provide expectations of drug abuse inmates. The problems studied in this research are related to the rehabilitation of prisoners and their implications with the therapeutic community method at the Cirebon Class IIA Penitentiary. This research is empirical research that uses survey methods, observations, interviews, and literature studies. The data obtained are collected and analyzed qualitatively by analytical descriptive methods. The results showed that the therapeutic community can be implemented optimally but is still faced with the first problem therapeutic community has not been focused on the fundamentals of the resident's addiction and the second problem is that the resident is still faced with having to fight his mind with the effects of the relapse he feels.Keywords: Coaching, Therapeutic community, Relapse.
Insurance Policy Closure As The Implication of The Utmost Good Faith Principle in Life Insurance Claim Filing Sianipar, Jessica Petra N; Cahyono, Akhmad Budi
Jurnal Dinamika Hukum Vol 22, No 2 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.2.3206

Abstract

The risk transfer mechanism from the insured to the insurer in insurance happens when both parties have fulfilled what has been agreed in insurance agreement along with obligatory insurance principle like the utmost good faith principle and the regulation regarding the insurance procedure. In the South Jakarta District Court Decision number: 16/Pdt.G/2016/PN.Jkt.Sel, Panel of Judges excluded what has been agreed by both parties on the basis of fulfillment of utmost good faith principle by the plaintiff. The excluded matter was regarding the written notification obligation that has been agreed by both parties, but the plaintiff did not notify it in writing but orally instead. Law No. 40 of 2014 does not clearly regulate claim notification, thus causing difficulty in determining whether certain notification is the application of the utmost good faith principle or not. Some foreign legislations regulate that matter, so they can become a reference for Indonesian regulators in perfecting the existing regulation.Keywords: insurance; the principle of utmost good faith; insurance policy closure; insurance claim; life insurance

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