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INDONESIA
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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Pancasila: Looking For the Ideal Format of State Philosophy Embodiment Indah Cahyani; Gatoet Poernomo; Helmy Boemiya
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.2022.22.3.3108

Abstract

Looking for the ideal format of the philosophy of Pancasila embodiment is a scientific article aimed at solving legal problems related to the position of Pancasila in legal construction in Indonesia. It happens because of the unconsistency in the Indonesian legal system. The purpose of this study is to find the most appropriate embodiment of the Pancasila philosophy in the Indonesian legal system. It is an effort in order that the Indonesian legal system has “tools” to ensure or “force” the consistency within Indonesian legal system itself. This study uses a conceptual approach and a legal history approach. The researcher finds that the use of Pancasila philosophy in the construction of the Indonesian legal system is inconsistent. The results of the study conclude that Pancasila needs to be embodied, in order that the law in Indonesia can be more consistent with the goals of the philosophy of the state. The results of this paper recommend that Pancasila, as a philosophy, is the domain of the institution holding the people's sovereignty; that is the House of Representatives and is not an executive domain with the HIP Bill or with the executive-made BPIP institution.Keywords: State Philosophy; Pancasila; Embodiment.
The Effectiveness of the Revitalization of Correctional Services in the Development of Terrorist Prisoners Setya Wahyudi; Angkasa Angkasa; Dwi Hapsari Retnaningrum; Eriene Chindi Octaviandini
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.2022.22.3.3355

Abstract

Terrorist prisoners are characterized by the nature of radicalism that can endanger the existence of the Indonesian state. For this reason, while serving their prison sentences they are treated to a coaching program aimed at deradicalization. Concerning optimizing the development of prisoners, there are provisions of the Regulation of the Minister of Law and Human Rights Number 35 of 2018 concerning the Revitalization of Correctional Services. The revitalization of the implementation of the requirement is intended to improve the implementation of correctional duties and functions. This research is the first problem, how is the effectiveness of the revitalization of prisons in the development of terrorist prisoners, and the second is the factors that become obstacles in the effectiveness of the revitalization of coaching of terrorist prisoners. Research methods with a sociological juridical approach method, data in the form of primary data and secondary data taken from research locations at the Cipinang Jakarta Prison, Cirebon Prison, and Batu Malang Correctional Institution. Data analysis using qualitative analysis. The results of the study found that the revitalization of correctional services in the development of terrorist prisoners have not been effective because there has not been a complete creation of deradicalization. Obstacles to the effectiveness of the revitalization of coaching of terrorist prisoners are the legal structure factor and the legal cultural factor in terrorist prisoners. For ordinary prisoner coaches who are assigned the task of fostering terrorist prisoners (deradicalization), it is necessary to provide education and training on profiling and assessment of terrorist prisoners.Keywords:Deradicalization; Terrorist Prisoners; Revitalization 
Examining the Legal Impact of Presidential Threshold Implementation in the 2024 Presidential Election Sugiharto, Imawan; Pratama, Erwin Aditya
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.2022.22.2.3429

Abstract

Presidential threshold is the threshold of vote acquisition that must be obtained by political parties in an election to be able to nominate a presidential candidate. General elections for president and vice president are submitted by political parties or a combination of political parties that have at least 20% of the seats in the DPR or 25% of the national valid votes in legislative elections. The type of research used is library research. The approach used is a normative approach. The data collection technique is through literature study. And analyzed by qualitative data analysis method. The presidential threshold setting as determined by the Constitutional Court through decision Number 53/PUU-XV/2017 states Article 222 of Law Number 7 of 2017 concerning Elections which regulates the Presidential threshold requirements have an impact on political parties, due to restrictions on the constitutional rights of political parties that has a small number of seats in the DPR. Then the high threshold number will cause only political parties to nominate their president and vice president so that the implementation of the Presidential threshold is more likely to benefit the authorities and harm the people and negate the people's right to be able to choose alternative figures in the 2024 Presidential Election.Keywords: Presidential Threshold, Presidential Election, 2024 Presidential Election, President.
Crowdfunding Practices and the Comparison to Fundraising and the Dispute Resolution Martedjo, Wagiman; Izzulhaq, Muhammad Luthfi Reza
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.2022.22.3.3246

Abstract

The practice of ‘crowdfunding’ and ‘fundraising’ by the community sometimes leads to abuse. Judging from the parties, namely the ‘Fundraising Platform’ and ‘Promotion’ and’ Donors’. This article answers three things: first, what if the donor wants to know the use/distribution of the funds? second, what if there is a dispute and its resolution? and third, what actions Donors can take to obtain information from the Promotion? The normative juridical method is used with two flatform models to be compared and analyzed. Using the comparative method in several countries, the transparency and accountability of the information provided is also recorded. Finally, an investigation is carried out if there is a dispute between the Donor and the Beneficiary/Collector, and how the dispute is resolved. Conclusion: First, the implementation of crowdfunding varies, some are specifically regulated but in general they are regulated in a scattered manner. The latter applies in Indonesia. Second, the right of the donor to know information regarding the transparency of its distribution as long as it does not involve confidential information. Donors can request information not from online crowdfunding/online fundraising but from the Campaigner. Third, dispute resolution between the Donor and the Campaigner can be carried out in the realm of information disputes with two stages of dispute resolution, namely: the litigation stage through Mediation and Adjudication and the litigation stage, through the District Court or State Administrative Court.Keywords: Crowdfunding; Fundraising; Dispute; Non-Litigation; Litigation
The Principle of the State's Right to Control Land on the Establishment of a Land Bank in Indonesia's Perspective of Agrarian Reform Suyanto Suyanto; Umi Khulsum
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.2022.22.3.3294

Abstract

The establishment of a land bank related to problems in land acquisition today has resulted in a shift in the view of land as a commodity that is considered strategic. This triggered land liberalization, which resulted in land prices soaring due to the games of land speculators so that land compensation issues constrained the projects planned by the government in building infrastructure. The problem is the influence of the principle of the right to control the state in the formation of a land bank and how is the position of the land bank in the perspective of agrarian reform. The research method used is normative juridical in the form of legal behaviour by reviewing statutory regulations. Land rights are derived from the state's right to control, which can be given to the community individually or in the form of a legal entity or jointly. State rights in the land sector are rights granted to the state to regulate and organize the allocation, use, supply, and maintenance in the land sector; regulate the land bank whether it is by what the government intended or return to the old guidelines, namely domein verklaring. Therefore, as the legislator and implementer, the government is expected to revise the Basic Agrarian Law. The revision prevents the right to control land, which is feared to happen again, like in the Dutch colonial era. The Basic Agrarian Law is considered too outdated and does not follow current land problems. Keywords: The right to control the state; land bank; domein verklaring; land acquisition
Optimizing the Fulfillment of Women's Representative Rights at the Village Consultative Body (BPD) in Banyumas Regency as an Effort to Increase Women's Participation in Village Development (Gender Perspective) Rahmah, Alef Musyahadah; Alawiya, Nayla
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.2022.22.3.2967

Abstract

Women's participation in village development is still low and many are dominated by men. In fact, the support of women in Village development is the determining achievement of development done in the village. One of the women's support in village development through the representation of women in BPD membership, because BPD has a strategic role as an institution that directly faced with the community to better understand the needs of society. Departing from the fact, this article focuses on optimizing the fulfillment of women's representation in the membership of BPD, especially in Banyumas district. This research is a qualitative study with a juridical approach empirical. The field of regulation needs to be formed by Banyumas Perda of BPD which refers to Regulation of Internal Affairs Ministry number 110 year 2016 to give guarantee to women through quota 1 (one) woman in the replenishment of BPD membership. People also need to improve their legal awareness and community paradigm change about gender roles and gender relations.Keywords: BPD; optimization;  village development; women's representation
Forced Marriage in the Bride-Napping Case in Sumba-East Nusa Tenggara Linked with Positive Law in Indonesia Panjaitan, Junifer Dame; Safa’at, Rachmad; Endrawati, Lucky; Sulistio, Faizin
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.2022.22.3.3220

Abstract

This study was aimed at revealing the customary and legal issues that were applied in the practice of bride-napping in Sumba, East Nusa Tenggara (NTT). The practice of bride-napping does not give women the freedom to choose their life partner and is a violation of the law that could be punished according to article 328 of the Criminal Code (KUHP). This was field research where the researcher conducted direct interviews with the informants and elaborated the data with the related literature. The method used was normative legal research with a literature study approach. The focus of this study was on the ambiguity of the implementation of laws and regulations on the practice of bride-napping. Indonesia has issued Law of the Republic of Indonesia (UU RI) No.1 of 1974 concerning Marriage which regulates the rights and obligations of each person in marriage. Finally, the result of this study was the practice of bride-napping has deviated from its origins resulting in the violations of human rights.Keywords: forced marriage; bride-napping; Marriage Law
The Effectiveness of Marriage Construction and Construction Agency in Minimizing the Rate of Divorce in Pariaman City West Sumatera Sobhan, Sobhan; Kholidah, Kholidah; Ridho, Muhammad
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.2022.22.3.3216

Abstract

The increasing divorce rate in Pariaman City is a sign for the functioning of the agency tasked with providing counseling and training to maintain marriage and keep the household in harmony, this increase in divorce can be seen from 2010 to 2021 which is a significant increase. Answering these problems, descriptive qualitative research methods are used which give the results that there are many factors for divorce and efforts to improve the quality of the Pariaman City Advisory Board for Marriage Development and Preservation, such as internal and external aspects. And one of the important formats is formulating the Effectiveness of BP4 in Efforts to Minimize the Divorce Rate with its indicators Clarity of goals to be achieved, Clarity of strategy for achieving goals, Preparation of appropriate programs and a good plan, Availability of work facilities and infrastructure, Education supervision and control system.Keywords: Effectiveness; Advisory Board for the Development and Preservation of Marriage; Divorce Rate; Pariaman City.
Settlement of Double Certificate Cases in Bandung (Case Study of Judge’s Decision Number: 976k/Pdt/2015) Soediro, Soediro; Faridli, Efi Miftah; Dwiana, Dhea Anggit
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.2021.21.3.3431

Abstract

One of the objectives of the Basic Agrarian Law (UUPA) is to provide legal certainty for all people and enable the functioning of earth, air, and space, as well as natural wealth that aspired. However, the Basic Agrarian Law (UUPA) has not provided legal certainty over land, one of which is a plot of land with more than one certificate with the same object. The factors causing the occurrence of multiple certificates are caused by the community and the government from the National Land Agency, which does not have a valid database as referred to by Supreme Court Decision Number 976 K/PDT/2015. The formulation of the problem in this research is how efforts to prevent the occurrence of multiple certificates (overlapping) and what are the obstacles in preventing their occurrence double certificate (overlapping). This research aims to determine and analyze the prevention efforts and constraints in preventing the occurrence of double certificates (overlapping). The problems in this study were studied using a normative juridical method using a statutory approach and a conceptual approach—data collection techniques using studies bibliography and assistance and defense of legal facts. According to the research findings, efforts to prevent the occurrence of double certificates (overlapping), specifically by optimizing administration land use and creating land registration maps, so that if there are indications of the occurrence of double certificates, they can be canceled as soon as possible, as well as obstacles in preventing double certificates (Overlapping), specifically the lack of understanding and enthusiasm from the community in applying for their land in Complete Systematic Land Registration (Pendaftaran Tanah Sistematis Lengkap, PTSL), are shown.Keywords: Double certificate; legal certainty; overlapping.
Harmonious, Dynamic, and Equitable Industrial Relations Dispute Resolution in The Eyelash Industry in Purbalingga Wardani, Susilo; Dwiyanti, Retno; Supriyanto, Agustinus
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.2022.22.3.3385

Abstract

Purbalingga Regency is one of the centers of eyelash production in Indonesia. Thousands of people work in this sector. However, the Covid-19 pandemic has increased industrial relations disputes that arise because of differences in interests between employers and workers/laborers. This article aims to unravel industrial relations disputes in the eyelash industry and formulate a harmonious, dynamic, and equitable settlement model. This research is designed using empirical juridical method. Data analysis for centralized research is carried out by systematizing legal materials obtained and classified while field research is classified and tabulated based on answers to questions in the interview guidelines. The results show that the settlement of industrial relations disputes that are harmonious, dynamic, and fair in the false eyelash industry sector in Purbalingga Regency is resolved through bipartite institutions. If it fails, mediation is conducted. In resolving industrial relations disputes, it is necessary to get rid of the concept of balance of power or opposition.Keywords: Dispute Resolution, Industrial Relations, Harmony, and Justice.

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