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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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Quadruple in Development Sharia Economics in Indonesia Sulvia Triana Hapsari; Abdul Madjid; Nurini Aprilianda
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.2022.22.2.3257

Abstract

Quadruple helix is a quality of legal audit system in various aspects that provides effectiveness and efficiency in the application of law in society. Business (tijarah) is one of the main components in the Islamic economics. Therefore, Islam recommends its adherents to engage in this field professionally (itqan), so that they can benefit themselves, their families and Muslims in general. The formulation of the problem is what is the role of the quadruple helix in Islamic economics in Indonesia? The research method used is normative juridical. This type of legal research is carried out by examining secondary data in the field of law as library data using deductive thinking methods.   The approach used in addressing the problem is to use the statutory approach (statue approach). The conclusion is that with the quadruple helix the application of regulations related to Islamic economics can achieve legal goals in Indonesia.Keywords: sharia economics; quality of legal audit; effectiveness and efficiency.
Discretion of Covid 19 Prevention in the Perspective of State Administrative Law Mohamad Khamim; Moh Taufik
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.2022.22.1.3424

Abstract

Strategic steps in handling the Covid 19 pandemic have been made by the Regional government to accelerate the handling of Covid-19. This study aims to look at the position of discretion as an instrument of administrative law in the formation of public policy, and analyze the extent to which discretion is used by regional heads as an effort to make effective policies in preventing covid 19 in their regions as part of the bureaucratic agility paradigm. This research uses an empirical juridical approach, with the data analysis method being carried out by collecting data through the study of library materials or secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials, both in the form of documents and applicable laws and regulations relating to normative juridical analysis of the synchronization of the Government Administration Law. The policy of handling covid 19 carried out by several regions has succeeded in reducing the mortality rate through discretion, with a more flexible and flexible policy character in carrying out the role of responsive bureaucratic agility. The approach of State Administration law provides more legal certainty and avoids clashes of constitutional issues in realizing public welfare and justice.Keywords: Discretion, Covid 19 Prevention, State Administrative Law
Settlement of Disputed Inheritance Sale and Purchase Cases without going through PPAT in Klinting Village, Somagede District, Banyumas Regency Soediro, Soediro; Kinanti, Wahyu Puspita; Muhammad, Mahdi
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3319

Abstract

Buying and selling land has become a natural thing in Indonesia. The need for land is increasing daily along with the increase in the human population. In buying and selling land, one must pay attention to the ownership of the land, one of which is inheritance land. This study aims to determine the juridical review and legal consequences of the sale and purchase of disputed inheritance land without going through the Land Deed Maker Official (PPAT). The method used in this research is normative juridical employing library research and analyzing the applicable laws and regulations related to the legal issues under study. Before the sale and purchase transaction, the land was divided among each heir under the deed of distribution of inheritance must be ensured. Then to ensure legal certainty, the sale and purchase of the inherited land must be carried out before the PPAT. Buyers must also be careful in buying and selling inherited land by checking the juridical truth of the land data and checking directly to find out the history of land ownership from the party closest to the land's location.Keywords: Buy and Sell; Inherited Land; Land Deed Maker Official.
Filing a Lawsuit for Damages in Enforcing the Civil Aspects of Business Competition Sanusi Sanusi; Bha’iq Roza Rakhmatullah
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3428

Abstract

In the life of society, the law has a main objective, which is to regulate the life of society and the state in all its activities. Various community activities include social, political, and cultural activities. It is hoped that the activities carried out by the community, especially in trade, will not exceed the limits of the provisions implied in Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The purpose of this study is to analyze the business competition system in Indonesia against a business actor who is disadvantaged as a result of unfair business competition practices, whether he can file a claim for rights or a lawsuit in the form of payment of compensation through civil law enforcement procedures without first reporting in writing the occurrence of the practice to Commission for the Supervision of Business Competition (KPPU). This type of research uses library materials as secondary data and laws and regulations as a system of norms that must be obeyed and by usingan approach philosophical. Business actors who have been harmed based on Article 1365 of the Civil Code as the basis for the right to tort or Article 1239 of the Civil Code as the basis for the right to default can file a lawsuit directly to the District Court without first reporting in writing to the Business Competition Supervisory Commission (KPPU). KPPU as an institution responsible for implementing business competition law enforcement is a complementary state institution (state auxiliary organ) regardless of government influence. In practice, KPPU is an institutionas if judicial because the KPPU has the same authority as the judiciary, one of which is the authority to issue decisions and decisions.Keywords: Lawsuits, Compensation, Unfair Business Competition 
Existence of Protected Forest Function as Protection Area Nikmah Fitriah; Indriati Amarini
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.2021.21.2.3435

Abstract

The enactment of Law No. 41 Year 1999 emphasizes the position of protected forests as protected areas that must be maintained to provide protection for the surrounding area. Law No. 41/1999 stipulates that open-pit mining activities are prohibited in protected forest areas. However, the effectiveness of Law No. 41/1999 is questioned by the issuance of Law No. 19/2004 which still accommodates open-pit mining in protected forest areas with the argument that the law should not apply retroactively. This article uses normative legal research methods, namely normatively examining various related regulations governing the function of protected forests. The results show that the birth of Law No. 19/2004 which allows several mining entrepreneurs to carry out open-pit mining activities in protected forest areas has resulted in protected forest areas being no different from production forest areas. This can threaten the function of protected forest areas as areas that provide protection for surrounding areas from various natural disaster hazards.Keywords: Existence, Function of Protected Forest, Forestry Law
Problems of Electronic Mortgage Implementation for the Banking Activities Mukhidin Mukhidin; Achmad Irwan Hamzani
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.2022.22.1.3425

Abstract

Banking credit is a basic need for the community, especially business actors. In the development of Mortgage Rights in Indonesia, the Government provides services including electronically integrated Registration of Mortgage Rights based on the Regulation of the Head of the National Land Agency No. 9 of 2019 and ATR/BPN Ministerial Regulation No. 5 of 2020 concerning Electronic Mortgage Services and / or hereinafter referred to as "HT-el". The problems formulated in this study are first, what are the problems in the implementation of Electronic Mortgage Rights in the banking world? Second, how to solve the problems faced by users of Electronic Mortgage Rights services for the banking world. Problems / obstacles in the implementation of Electronic Mortgage services based on ATR/BPN Ministerial Regulation No. 5 of 2020, which has been implemented simultaneously nationally since July 8, 2020, are many and have become a challenge for Electronic Mortgage Users, especially Land Deed Officials and Creditors The resolution of problems and obstacles faced by Electronic Mortgage Users, especially Land Deed Officials and Creditors, refers to the Technical Guidelines made by the Ministry of ATR / KBPN, April 29, 2020 because basically these problems and obstacles are mostly related to the IT system and the Electronic HT Service server. Users (Land Deed Official and Creditors) must always confirm these IT problems to the Electronic HT service organizer, namely the local Land Office, so that Electronic Mortgage Users, in this case Land Deed Official and Creditors, must be skilled and adequate in using all the tools needed to complete the granting of Mortgage Rights until the Electronic Mortgage Rights Certificate is issued.Keywords: Problematics, Electronic Mortgage, Banking
Legal Politics of The Formation of Regional Regulations Based on Positive Law Juanda, Juanda; Juanda, Ogiandafiz
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3112

Abstract

The title of this research is the legal politics of the formation of regional regulations based on positive law. The formulation of problem is how the legal politics of the formation of regional regulations based on positive law in Indonesia? The methods of the research: 1. The type of research is normative. 2. The approach used is a legal approach and is complemented by a political approach. 3. The legal materials used are primary and secondary legal materials. 4. The method of analysis is a qualitative juridical analysis. The results of the research indicate that the legal politics of the formation of regional regulations is part or a sub-system of the legal politics of the formation of national legislation (national law). The legal politics of the formation of regional regulations is not only bound and guided by the basis of state philosophy, theory, Unitary form of state, principles, content material, statutory regulations, but can also contain material on the implementation of regional autonomy, co-administration tasks, further elaboration, provisions of higher laws and regulations. Furthermore, it may also contain local content material in accordance with the provisions of laws and regulations. In addition, the legal politics of the formation of regional regulations seeks to strengthen the unitary state and actualize regional regulations that are aspirational, responsive, accountable, efficient, effective and functional.Keywords: legal politics, formation, regional regulations
Collaborative Governance in Tackling Prostitution in Pemalang Regency Tobirin Tobirin; Abdul Aziz Nasihuddin; Kadar Pamuji
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3302

Abstract

This article is driven by the complexity of handling prostitution, from economic issues, conflicts of interest, poor communication coordination, to the absence of collaboration between stakeholders. This study aimed to analyze the implementation and obstacles of collaborative governance in dealing with prostitution in Pemalang Regency. A social-juridical research methodology through the  combination of doctrinal-normative legal research and social as well as social science approaches was selected for this study, while data collection were obtained through focus group discussions and secondary data. The study results showed that the implementation of collaborative governance in handling prostitution in Pemalang Regency has not been optimal, with ineffective communication identified between stakeholders. In addition, the barriers to the collaborative process include conflicts of interest in the handling of prostitution issues that give rise to differing perceptions among the health service providers, security forces, and religious leaders; ineffective institutional design; and the reliance to the deparment in charge of handling public order. The lack of shared commitment to address prostitution issue in a planned and measurable manner in adherence to local regulations remains a challenge to be resolved.Keywords: barriers, collaborative, handling, prostitution.
The Existence of Consumer Protection in the Perspective of Cyber Law in Indonesia Fajar Ari Sudewo; Dinar Mahardika
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.2022.22.2.3427

Abstract

The subject matter of this research is about how consumer protection is regulated in cyber law in Indonesia. Legal protection of consumers in buying and selling transactions through electronic media is regulated in Law Number 8 of 1999 concerning Consumer Protection, Law Number 7 of 2014 concerning Trade and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. The type of research used in this research is library research with a normative basis. While the approach used by the author is the statute approach so that the primary source of material is obtained from statutory literature, minutes or official records in making legislation, and judges' decisions. The research results show: First, the need to create a consumer protection system that contains elements of legal certainty. Second, legal protection for consumers in buying and selling transactions through electronic media consists of two concepts of legal protection, namely preventive legal protection and repressive legal protection.Keywords: Legal Protection, Consumers; Electronic buying and selling transactions
Impact of Industry Digitalization on Recruitment of Employment Opportunities Idayanti, Soesi; Siswanto, Siswanto
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.2022.22.2.3426

Abstract

Industrial digitization will change the character of future jobs. The digital era makes all things easier to carry out. All things that easier to carry out include something that relate to production process, service process, and others process. However, the digital era also has a negative or disruptive effect on the economy, especially in terms of employment, both opportunities and labor needs.This study aims to find out the current labor regulations related to industrial digitization, and to find out what impacts of industrial digitization on employment opportunities. The results of this study indicate that regulations regarding employment related to industrial digitization have been regulated in Law Number 13 of 2003 concerning Manpower and the Law on Job Creation.The digitization of industry and the way new digital technologies are reconfiguring the way goods and services are produced. Likewise with various job opportunities, because industrial digitalization has also changed many types of jobs.Keywords:Industrial Digitization, Industrial Revolution, Manpower. 

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