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<![CDATA[House of Restorative Justice as a Forum of Actualizing the Nation’s Culture in Solving Criminal Cases ]]>
<![CDATA[Kuntadi, Kuntadi]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2022.22.2.3242
<![CDATA[House of Restorative Justice is a follow-up to the existence of the Prosecutor’s Regulation of the Republic of Indonesia Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice. The establishment of this house aims to be a forum for meeting victims, perpetrators in resolving criminal cases that also involve traditional, community and religious leaders in exploring the values of local wisdom to perfect the application of positive law in the implementation of the termination of prosecution based on the Prosecutor’s Ragulation Number 15 of 2020. This research is a legal socio research that has the nature of descriptive and analytical research. The urgency of the establishment of the House of RJ is to explore the values of local wisdom contained in the community Restorative justice is in line with the legal values that live in Indonesian society (living law). The implementation of local wisdom values in resolving cases at the House of RJ. Currently, it is still only based on the settlement method, namely by using deliberation for consensus, but in this study, the prosecution in Toba Samosir and Kajang has accommodated local customary values and laws. Hence, in this case, the law and values of local wisdom can be used as a complement in the implementation of positive law enforcement.Keywords: House of Restorative Justice; Restorative Justice; criminal law; local wisdom; law enforcement.]]>
<![CDATA[Violence Culture by State and Peoples in Solving Indonesian Humanities Issues ]]>
<![CDATA[Raharjo, Agus]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2022.22.2.2991
<![CDATA[Violence become familiar to the Indonesian people, like a culture in solving every humanities and community issues. The state and community are become violence producer together. Even more reproducted for time by time, so that it sounds like Indonesia is violent country. This research is qualitative research with historical approach, case study, and empirical. Some cases that are usually become violence sources are agrarian conflict and ethnic conflict. In the historical view, the violence’s are friendly with our nation, both showed to the public or hidden conflict. Amoek, is our contribution through the science for explaining the condition where the violence as the manifestation from hidden character of Malayan that seems very friendly, polite, and full of smile. Violence at the local level can be solved through reconciliation between citizens or revitalization and re-actualization of local wisdom. However, against state violence against the people, what can be changed is the mindset of state administrators in managing conflict. This change will help a lot in reducing violence in Indonesia.Keywords: violence culture; amoek; local wisdom; structural violence; ]]>
<![CDATA[Legal Enforcement Model in The Eradication of Trawls Capture As an Efforts To Meet SDG's 14: Blue Economy Case Study in Bengkulu ]]>
<![CDATA[Tri Andika]]>;
<![CDATA[Deli Waryenti]]>;
<![CDATA[Patricia Ekowati Suryaningsih]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 1 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2022.22.1.3175
<![CDATA[One of the goals of Sustainable Development is to protect and preserve the oceans, and the natural resources within them, which are known as the Blue Economy concept. Along the way, sustainable development in the management of fishery resources in Indonesia faces problems. This problem arose from the inconsistency of the trawling prohibition policy which ended in the prohibiting of fishing vessels to use trawls in the Indonesian Fishing Territory based on the Regulation of the Minister of Maritime Affairs and Fisheries Number 18/PERMEN-KP/2021 articel 7. In Bengkulu City, the implementation of the ministerial regulation has been carried out with the transfer of fishing gear, but fishermen who use trawls still use trawls. Based on the results of previous research, it was found that in Bengkulu City to date there are 100 boats using trawling fishing gear with the potential for conflict between fishermen getting wider. The research method used in this study is an empirical juridical research method with the desired outcome is the right model in law enforcement against the use of trawls in Bengkulu City. The ideal model in regulating trawling fishing gear is policy consistency by prohibiting trawling in fishing areas that are harmful to their use both in marine ecosystems and economically, socially and culturally by fishermen in each region. Keywords: Models, Enforcement, Law, Trawls, SDGs 14.]]>
<![CDATA[Struggle of Legal Positivism Versus Progressive Thoughts in the Formal Tests of the Job Creation Act (Legal Development through Hermeneutics) ]]>
<![CDATA[Imam Asmarudin]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 1 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2022.22.1.3178
<![CDATA[Hermeneutics is a form of interpretation and interpretation of a text in legal philosophy, in practice it is also used in the considerations of constitutional judges to interpret and interpret a law, one of which is in the formal examination of the work copyright law which is the pros and cons because using the Omnibus Law method. This study aims to find out how the struggle between positivistic and progressive legal thinking and the reality of the art of hermeneutics as a means of legal development, the research method uses the legal research method through the statute approach, conceptual approach, and case approach, the data analysis is descriptive qualitative, the research results show The struggles of Legal Positivism and Progressive Thought in the decision actually met at one point, both of them acknowledged that Omnibus Law was a method of future legislation formation and interpretation through the art of Hermeneutics became a means of making a legal construction, which in the end could become a means of developing law forward.Keywords: hermeneutics; legal positivism; omnibus law; progressive]]>
<![CDATA[Law Enforcement in The Eradication of Narcotics Crimes Against Drug Addicts and Abusers ]]>
<![CDATA[Achmad Yuliandi Erria Putra]]>;
<![CDATA[Mirawaty Nurhamidin]]>;
<![CDATA[Dede Cairul]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 1 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2022.22.1.3244
<![CDATA[Law enforcement for narcotics addicts and abusers mostly applies prison sentences as in the Indonesian criminal justice system. It makes the prison to overcrowding. On the other hand, other law enforcement alternatives are deemed proven to be able to eradicate narcotics addicts and abusers and provide great benefits for all parties without applying penalties in the form of criminal sanctions. It is the application of a restorative justice approach in law enforcement for narcotics addicts and abusers. This research is focused on discussing the background of the problem: how to implement restorative justice in law enforcement for addicts and drug abusers. This study uses empirical normative research methods. The study's findings led law enforcement to adopt a restorative justice approach when dealing with narcotics addicts and abusers. It is accomplished by offering treatment in the form of medical or social rehabilitation. The spirit of restorative justice is essentially embodied in Article 54 of Narcotics Law Number 35 of 2009, which orders addicts and abusers to be treated medically or socially. However, it has not been implemented optimally and comprehensively. There is still a discrepancy in how law enforcement handles narcotics addicts and abusers. Restorative justice, including the provision of medical or social rehabilitation, should be implemented at all stages of law enforcement: investigation, prosecution, and even court appearances. However, until today, medical or social rehabilitation has only been provided by a judge's order following a court trial.Keywords: law enforcement; narcotics crime; restorative justice]]>
<![CDATA[The Implementation of Rehabilitation Assessment As Legal Protection For Narcotics Abusers in Indonesia ]]>
<![CDATA[Mikha Dewiyanti Putri]]>;
<![CDATA[Prih Utami]]>;
<![CDATA[Teddy Cipta Lesmana]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 1 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2022.22.1.3245
<![CDATA[Nowadays, illicit trafficking and narcotics abuse have been at a dangerous level and threatened various aspects of the life of the nation and state and have even penetrated most levels of society, from the upper classes to the lower classes. The government reacted by issuing Law No. 35 of 2009 on narcotics as an amendment to Law No. 22 of 1997 on narcotics. Based on Article 4 letter d of Law 35 of 2009 concerning state narcotics, the government also provides legal protection for victims of narcotics abuse and addicts through medical rehabilitation and social rehabilitation. From Article 4 letter d of Law 35 of 2009 on narcotics, the researchers analyzed the process of rehabilitation assessments for victims of narcotics abuse and addicts. The researchers also analyzed and discussed the extent to which the laws and regulations in Indonesia have provided legal protection for them. The authors used library research methods that were juridical-normative. The research aimed to: 1) explain the rehabilitation assessment process for victims of narcotics abuse, the meaning of rehabilitation assessment, and the legal basis for rehabilitation assessment in Indonesian regulations; 2) explain the implementation of rehabilitation assessment for victims of narcotics abuse, including rehabilitation assessment related to the cases that researchers discussed in this article. Thus, this research answered several legal issues regarding rehabilitation assessment that exists and occurs in both theoretical and legal practice.Keywords: victims of narcotics abuse, rehabilitation assessment, legal protection.]]>
<![CDATA[An Analysis of Constitutional Court Verdict Number 28/PUU-XI/2013 on Law Number 17 of 2012 About Cooperatives ]]>
<![CDATA[Marsitiningsih, Marsitiningsih]]>;
<![CDATA[Inayah, Wafa Nihayati]]>;
<![CDATA[Putra, Ade Muhammad Syamkirana]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2022.22.2.3391
<![CDATA[Article 33 paragraph (1) of the 1945 Constitution and its Explanation which refers to the notion of a typical corporate structure because of the definition of cooperatives in Law Number 17 of 2012 concerning Cooperatives, it turns out that the philosophy is not in accordance with the nature of the economic structure as a joint venture and the kinship-based principle contained in Article 33 paragraph (1) of the 1945 Constitution. Similarly, this understanding has apparently been elaborated in other articles in Law Number 17 of 2012 concerning Cooperatives, thus making the rights and obligations of members by making the supervisory authority too extensively and a capital scheme that prioritizes material and financial capital that overrides social capital which is precisely the fundamental characteristic of cooperatives as a distinct entity of economic actors based on the 1945 Constitution. On the other hand, cooperatives are the same and no different from limited liability companies. This has made cooperatives lose their constitutional soul as an entity of typical economic actors for a nation with a mutual cooperation philosophy.Keywords: Cooperatives, Constitutional Court Verdict, Economy]]>
<![CDATA[Law Enforcement in The Eradication of Criminal Acts in Children and Youth Generations ]]>
<![CDATA[Yuniar F Danil]]>;
<![CDATA[Agung Faris Sintusa]]>;
<![CDATA[Teguh Bayu Aji]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 1 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2022.22.1.3247
<![CDATA[Drug abuse is an extraordinary crime that destroys the order of family life,society and the school environment, even directly or indirectly threatening thecontinuity of development and the future of the nation and state. In Indonesia,narcotics have reached an alarming level and can threaten the security andsovereignty of the country. Many cases are caused by drug use cases. If viewedfrom the juridical aspect, the existence of narcotics is legal. Law Number 35 of2009 concerning Narcotics only prohibits the use of narcotics that are not inaccordance with the provisions of the law. The method used in this article uses library research with descriptive analysis specifications and uses a statutory approach and a case approach. While the materials used are primary legal materials, secondary legal materials and thesis legal materials with data collection techniques based on library research and technical data analysis using deductive methods.Keywords: Children, Youth Generations, Drug Abuse, Crime]]>
<![CDATA[Prevention of Cybercrime through the Development of Criminal Responsibility Principles for Internet Users ]]>
<![CDATA[Raharjo, Agus]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 21, No 3 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2021.21.3.3256
<![CDATA[There is no guarantee of security in cyberspace. Cybercrime is the use of computer technology for illegal activities. Cybercrime ignores territory, and can even become an automatic crime according to the nature of the machine. The crime prevention model, which has been more reactive and only suitable for the real world, is not an effective way to deal with cybercrime. This research is normative legal research, with the main data source in the form of secondary data. Hacking is an illegal activity that takes many victims and its handling is not complete. The difficulty that arises is the issue of jurisdiction because perpetrators and victims are often in different jurisdictions. Although legal instruments have adopted provisions on the principle of ubiquity, in practice it is not as easy as imagined. The Bangkok International Summit (2007) invites countries to promote cyber security by increasing and developing international global partnerships to prevent, detect, and cybercrime, but this has not been implemented properly. For this reason, it is necessary to develop the principle of criminal responsibility which can be an incentive in overcoming cybercrime.Keywords: cybercrime; hacking; ubiquity; criminal responsibility]]>
<![CDATA[The Effectiveness of Providing Legal Aid to the Poor in West Kalimantan Province During the Covid-19 Pandemic ]]>
<![CDATA[Yustika Irianita Fanty]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 22, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2022.22.2.3204
<![CDATA[The implementation of policies issued by the Government to overcome the Covid-19 Pandemic has an impact on the provision of Legal Aid services by Legal Aid Providers to Legal Aid Recipients in West Kalimantan, the effectiveness of providing legal aid to the community. This research is juridical-normative. Sources of legal materials consist of primary data and secondary data which include primary and secondary legal materials. The technique of data collection is by collecting primary data through interviews with resources and data from the Legal Aid Administration System of the National Law Development Agency, secondary data collection through literature and document study methods. The results of the research that focus on the provision of legal aid by Legal Aid Providers in West Kalimantan are the policies taken by the Government in tackling the Covid-19 Pandemic, whether in the form of limiting community crowds or hearings and online visits for correctional inmates, which have quite an impact on the provision of legal aid. However, it does not reduce the effectiveness of the implementation of the provision of legal aid to fulfill the right to access to law and justice for the community, especially the poor in West Kalimantan during the Covid-19 Pandemic.Keywords: legal aid recipient; obstacle in providing legal aid; providing legal aid]]>
