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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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Positioning The Civil Servant in Public Position As Public Service Implementer Based on The Level of Profesionalism Measurement Utama, Cholidah; Febrian, Febrian; Ridwan, Ridwan; Rumesten, Iza
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.2022.22.3.3137

Abstract

The Civil Servants who will occupy positions must be placed with clearer positions and roles. A Civil Servant in placing a position can do his job efficiently and effectively if he knows his position is in accordance with his competence, but there are still several things that cause a Civil Servant to be unprofessional, namely the incompatibility (fitness) between the abilities possessed and the needs of the particular task. in the placement of positions, which has an impact on the low quality of public services. This research formulates the problems: 1). What are the indicators of the principle of professionalism for Civil Servants as implementers of Public Services? ; How does the system place Civil Servants in positions as executor of professional public services? This research is a type of normative legal research, namely legal research by conducting research using library research. The approach used in this research is the Statute Approach, Analytical Approach, Interpretive Approach, Comparative Approach, Legal Philosophical Approach, Legal History Approach, Case Approach Approach), and Legal Political Approach. The technique of processing research materials is carried out by taking an inventory and systematization of the existing laws and regulations. After doing library research, then processing the legal materials that have been obtained by systematizing the written legal materials. Legal materials that have been collected and processed are then analyzed using qualitative and quantitative analysis methods, and using interpretive methods. Conclusions in normative legal research emphasize deductive techniques. Conclusions are drawn in a deductive way. Drawing conclusions starting with deductive techniques through the application of legal theories and concepts in analyzing legal materials. 1). The measurement standards that must be met in determining the level of professionalism of Civil Servants as implementing public services consist of several indicators, namely qualification dimension indicators, competency dimension indicators, performance dimension indicators, and discipline dimension indicators. 2). The system places Civil Servants in public positions as executor of public services. There are three important points that must be in the placement system, First, the system or method of determining identity and determining completely the tasks and requirements in certain positions based on job analysis. Second, position placement based on merit system (skills/skills). Third, conduct education and training (training) to improve the performance of civil servants in public positions.Keywords: Civil Servants, Merit System, Public Service, Professionalism. 
Political Law Interpretation on President’s Refusal to Sign an Approved Bill with the House of Representatives Fernando Hasiholan Manalu; Retno Saraswati; Devi Yulida
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.3267

Abstract

Signing by the President is one of the stages in the formation of a law. The constitutional facts show that the President has several times not signed draft a bill that has been mutually agreed upon.  The author is interested in discussing: The practice of the President not signing draft laws that have been approved with the House of Representatives. Second; political law interpretation on the President's actions not sign for draft law that is agreed with the House of Representatives.  This paper uses a normative juridical approach with a statutory and conceptual approach and is then analyzed deductively. The results obtained are that several laws were passed without the President's approval, which are then analyzed from grammatical, historical, comparative, structural and theological interpretations. On this issue, the authors suggest that there be an agreement in the persona of the President, as well as the President's clear reasons for refusing to sign the bill.Keywords: Bills; House of Representatives; Presidents; Signing by the President
Hospital Dispute Settlement Through the Provincial Hospital Supervisory Board in Indonesian Health Law (A Study in Yogyakarta Province) Alawiya, Nayla; Utami, Nurani Ajeng Tri; Afwa, Ulil
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.2351

Abstract

Hospitals as health service institutions with legal entities are places that are prone to disputes. Article 60 Law no. 44 of 2009 assigned the Provincial Hospital Supervisory Board to receive complaints and make efforts to resolve disputes employing mediation. An analysis of the forms of hospital disputes and their settlement model through the Provincial Hospital Supervisory Board is very important to be done to avoid misinterpretation and provide legal certainty about who is the authorized party to handle them. The research method used was normative juridical and empirical juridical. The results of this study are to obtain an analysis of the forms of complaints that can be submitted to the Provincial Hospital Supervisory Board including disputes over hospitals as health service facilities where medical personnel and health workers provide health services that are detrimental to patients; disputes between the hospital as a health service facility and the patient as the recipient of health services related to the implementation of the obligations of both parties; disputes between the hospital as a legal entity and the hospital workforce related to internal management; the disputes between hospital as a legal entity and the third parties related to non-medical cooperation; the disputes between hospital as a legal entity and the environment. The hospital dispute resolution model implemented by the Provincial Hospital Supervisory Board of Yogyakarta includes the hospital dispute resolution model by the Provincial Hospital Supervisory Board in collaboration with hospitals, the Hospital Supervisory Board, Provincial Health Office, Provincial Legal Representatives (Ombudsman), YLKI, and PERSI.Keywords: Provincial Hospital Supervisory Board, Disputes Form, Dispute Settlement Model.
Marine Pollution by State-Owned Companies in Offshore Areas Reviewed Based on the 1982 UNCLOS (Case Study: Oil Spill by PT Pertamina in Offshore Area of North Karawang) Danial Danial; Belardo Prasetya Mega Jaya; Febi Sasti Rahayu
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.3326

Abstract

On July 12 2019, there was a pipe leak and a gas bubble oil spill belonging to PT Pertamina. PT Pertamina's pipeline leak in Karawang waters which has an impact from the oil spill threatens the ecosystem and the people around Karawang waters. Marine pollution cannot be seen only as a problem that occurs in the sea, because the oceans and land are an ecosystem unit that cannot be separated and are affected by one another. As a result of this incident, a problem arose regarding PT Pertamina's legal liability due to a pipe leak that caused marine pollution in Karawang waters. This research uses the normative juridical method. The purpose of this research is to find out the regulation of marine pollution actions carried out by PT Pertamina in the offshore area and to analyze the form of accountability. The results of the study can be concluded, firstly, that the regulation of marine pollution actions based on UNCLOS 1982 is contained in Articles 192, 194, 195, 196 and Law Number 32 of 2009 concerning Environmental Protection and Management. Secondly, in the form of liability for marine environmental pollution as a result of PT Pertamina's oil spill, there are three legal responsibilities (administrative liability, civil liability, and criminal liability).Keywords: Marine Pollution, Oil Spills, Accountability, UNCLOS 1982.
The Authority of Local Governments in Establishing Public Burial Land in the Spatial Planning of Urban Areas Purwokerto Amardyasta Galih Pratama; Sri Wahyu Handayani; Sri Hartini; Siti Kunarti
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.2021.21.2.3438

Abstract

The handover of the authority of the central government to the local government as a form of decentralization in the unitary state in the field of spatial planning, especially green open space in the form of burial land in the Banyumas Regency area, can be said to have not been effective in utilization and management like other forms of green open space. This is because it is not in accordance with the application of spatial planning as a form of green open space because there are discrepancies in its application to regional regulations that are not in line with higher regulations. This research uses a statutory and conceptual approach method with normative juridical research specifications. Using secondary data sources are then analyzed using deductive methods. Based on the results of the study, it can be concluded that there are deviations in legal norms in the content material for the management of burial land in Article 5 paragraph (3) of Banyumas Regency Regional Regulation Number 2 of 2014 concerning Burial Place Management which is contrary to Chapter II of the Provision of Green Open Space in Urban Areas in Green Open Spaces certain functions in Cemeteries listed in the Regulation of the Minister of Public Works Number 5 of 2008 concerning Guidelines for Provision and  Utilization of Green Open Space in Urban Areas.Keywords: Decentralization, Green Open Space, Burial Land
Citizen Guarantees in Determining National Leaders Through Elections and Democratic Integrity Dewi Iriani; Muhammad Fauzan; Sri Hastuti Puspitasari; Arief Budiono
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.3231

Abstract

Indonesia held presidential, regional head, and legislative elections (elections) in 2019. Many Indonesians are apathetic towards elections. The problems in this research are: How can citizens guarantee their right to determine regional leaders through elections and what obstacles do citizens face in choosing democratic leaders who have integrity? This is normative legal research conducted by tracing the regulations related to the problem under study. Citizen guarantees in determining regional leaders through elections are regulated in Law no. 39 of 1999 concerning Human Rights, Article 23 paragraph (1); Article 43 paragraph (1); Article 1, paragraph 3); Articles 28D, E, and J of the 1945 Constitution; and Law no. 7 of 2017 concerning Elections.Keywords: Democracy, Guaranteed Elections, Regional Leaders, Citizens.
The Failure in the Coincidence of Indigenism and Nationalism in the Recognition of Indigenous Villages Purwadi, Hari; Suryono, Arief; Muslimah, Siti
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.2420

Abstract

This article aims to analyse the challenges of legal functionality as an instrument for transforming indigenous villages from ‘traditional’ to ‘modern.’ This is a post-new-order historical impetus for the coincidence of indigenous and nationalism as a sign of the resurgence of indigenous peoples. In the context of the legal function for social change, the Village Law creates a large gap between traditional and modern villages. This paper is based on the research with the paradigm of law in context and can be categorized as socio-legal research, which perceives law from an interdisciplinary perspective. The results indicate that under the umbrella of the Village Law, the existing legal frameworks fail to achieve the regulatory objectives. Indigenous people's diverse and complex structure throughout Indonesia appears to be less considered. Thus, the laws do not sufficiently stimulate change through the modern indigenous village model.Keywords: indigenous village; legal function; indigenism; indigenous people; nationalism.
Application of Restorative Justice in Health Crime Retnaningrum, Dwi Hapsari; Wahyudi, Setya; Budiyono, Budiyono; Nugroho, Norcha Satria Adi
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.3207

Abstract

Health sectors covers wide range of criminal acts, including medical malpractice, circulation of illegal drug, pharmacy and prescription drug fraud, and hospital unprofessionalism. The Number of victims due to crimes in health sector is far more than what it appears to be. An example of crimes within the health sectors is medical malpractice. Malpractice is a bad practice. Restorative justice as new approach offers a solution to criminal cases that focus more on the recovery rather than vengeance. Therefore, the issue that need to be discuss is whether health crimes equate to medical malpractice and how should the application of restorative justice be applied to criminal acts in health sectors. One of the main reasons to implement restorative justice is because the victim as the party who is most harmed and suffers, is in fact generally being abandoned in criminal justice system. The care and protection given to the victim felt not yet adequate especially if the aim is to restore the victim’s suffering. This study shows that health crimes does not equate to medical malpractice because as the name suggested medical malpractice entail a profession. However, criminal acts can be committed by anyone. The application of restorative justice should be applied to cases in health sectors that involve negligence and not cases based on intent. The application of restorative justice can be beneficial to perpetrators, victims, and society. Keywords: restorative justice, malpractice, health crime 
Urgency of Law Enforcement in the Field of Conservation of Living Natural Resources and Ecosystems Purnawati, Andi; Irmawaty, Irmawaty; Haling, Syamsul; Ikbal, Moh
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.2021.21.3.3510

Abstract

Environmental law as a branch of legal science today plays an important role. Why not, human life and survival naturally and naturally will be largely determined by the upholding of laws in the field of the environment. One of the impacts of human selfishness and greed for the environment is the depletion of living natural resources and their ecosystems without regard to environmental balance and ecological principles. The method used in this study is a normative research type using primary, secondary, and tertiary legal sources. The nature of explanatory research with a dogmatic and theoretical approach. Analysis of legal issues material uses deductive-inductive analysis techniques on legal issues that are the target of analysis through legal reasoning and argumentation. Researchers found that to support the implementation and enforcement of laws in the field of conservation of living natural resources and their ecosystems, cross-sectoral coordinative mechanisms in an integrated and stimulating manner are more activated. The frequency between related sectoral agencies is increased to reduce law violations in the field of conservation of living natural resources and their ecosystems.Keywords: Law Enforcement, Natural Resources, Conservation
Comparative Presidential's Role, Systems and Constitutional Practice Between Indonesia and South Korea Cahyawati, Dwi Putri; Chandranegara, Ibnu Sina; Burhanuddin, Nizam; Yani, Ahmad
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.3521

Abstract

Indonesia and South Korea are two countries that both use a presidential system. This indicates that the two countries have something in common, especially regarding presidential institutions. But if we dive deeper, there are also differences between the two countries. But if you dive deeper, there are also differences between the two countries. This research has two research questions. What is the similarity between the presidential system in Indonesia and South Korea, and what are the differences between them. The results of the study found that although both use the presidential system of government, such a thing does not guarantee the equality of the position of the presidential institution in each country. In constitutional practice, there are variants of similarities and differences.

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