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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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Analysis of Causal Factors and Impact of Legal Uncertainty on Building Rights from Management Rights Permadi, Iwan
Jurnal Dinamika Hukum Vol 24, No 2 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.2.4783

Abstract

Legal uncertainty faced by holders of Building Rights (HGB) derived from Land Management Rights (HPL) in Indonesia is a pressing issue that creates difficulties in maintaining and changing the status of their rights, negatively impacting their welfare and the overall land system, which this study aims to examine and address.  This study uses normative legal research methods with legislative, conceptual, comparative, and case approaches. Data were collected through literature studies and analyzed qualitatively and descriptively by considering interdisciplinary aspects. Factors that cause legal uncertainty include lack of legal protection, regulatory uncertainty, ineffective legal implementation, and reliance on third parties. This impacts the difficulty of maintaining HGB, the limitation of changing rights status, and implications for people's welfare. The findings indicate the need for legal reform, increased transparency, and strengthening institutional capacity. The implications of the findings encourage the improvement of a more fair, efficient, and legal system for HGB holders. This research is important to identify the root cause of the problem and formulate recommendations for improving the soil system. Further research suggestions include comparative empirical, interdisciplinary, and action research to implement solutions.
Name & Subject Agus Raharjo
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.2022.22.2.4087

Abstract

Indonesian National Policy of Criminal Law in Enforcing Law Against Illegal Logging of Conservation Forest Timber Nurmala, Leni Dwi
Jurnal Dinamika Hukum Vol 24, No 2 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.2.3493

Abstract

Abstract Crime in the forestry sector in the form of illegal felling of trees creates problems that are quite complicated to overcome. Tree felling in Indonesia is one of the cases most frequently handled by the Environmental and Forestry Law Enforcement Service. Illegal logging leads to deforestation and a decrease in the size of state forests. This article aims to discuss law enforcement against illegal logging crimes and how national laws can reduce the occurrence of these crimes. This research uses a normative juridical approach, namely a study of statutory regulations as primary data supported by secondary data using a literature review. The findings of this research are that in law enforcement efforts to respond to these crimes, the Indonesian Government has implemented regulatory provisions that have been stated firmly in the Prevention and Combating of Forest Destruction Law (2013), which have comprehensively provided opportunities for regional governments through the distribution of central government authority, as well as the involvement of the community and legal agencies or corporation that has a permit to manage forest products in an effort to prevent and eradicate illegal logging crimes, imposing consequences on wrongdoers through incarceration, criminal fines, and administrative penalties. However, the legal policies in this law have not effectively reduced the occurrence of crime because other regulations still contain policies that open up opportunities for illegal logging. Therefore, synchronization between regulations and laws related to forestry issues is required. Keywords: criminal sanctions; Illegal logging; law enforcement.
Prospect for Settlement of Sharia Insurance Disputes Through The Indonesian National Sharia Arbitration Board Hartati, Sawitri Yuli; Windiani, Arovah; Mardani, Mardani
Jurnal Dinamika Hukum Vol 24, No 1 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.1.4207

Abstract

The contract between sharia insurance companies and policyholders is based on sharia principles, namely helping each other to protect each other. However, if disputes still occur,a resolution can be reached through mediation, sharia arbitration, and the courts. The problem in this research is how practices and obstacles resolve sharia insurance disputes through sharia arbitration institutions and how, ideally, arrangements in sharia insurance cases through sharia arbitration institutions can be resolved. The research methods used an analytical perspective, namely an investigation aiming to provide an overview or formulate a problem according to existing circumstances/facts. So it is necessary to revise the Arbitration and Alternative Dispute Resolution Law (1999), especially Article 61, Article 62, Article 63, Article 64, and Article 65, to regulate the scope, duties, and functions of sharia arbitration by considering the use of virtual arbitration processes in developing sharia arbitration as a special, authoritative, and independent arbitration forum.Keywords: Dispute Resolution; Sharia Arbitration; Sharia Insurance.
The Rule of Reason Approach in Discriminatory Practices: Airlines and Telecommunications Industry Sector Sharda Abrianti; Anna Maria Tri Anggraini; Ahmad Sabirin; Joice Chintya Mardohar; Séréna Ortigosa Fernandez
Jurnal Dinamika Hukum Vol 24, No 2 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.2.4046

Abstract

Discriminatory practices are standard in business competition and are not prohibited as long as they do not cause unfair competition. This paper will discuss three Business Competition Supervisory Commission (KPPU) decisions in 2020 related to alleged discriminatory practices committed by business actors. The subject matter in this paper is how the actions of business actors can fulfil the elements of violation and how the application of the rule of reason approach in Article 19 letter d of the Competition Law (1999) in the 2020 KPPU Decisions. This research is descriptive normative research. The data used in the book, articles, the new paper analyzed the Competition Law (1999), the Airlanes law (2009), the Electronic Information and Transactions Law (2008, amendments 2016 & 2024), and the Hajj and Umarah Law (2019), as well as interview an expert and KPPU. The interesting findings found that acts of discrimination cause obstacles in vertical business relations in different but interrelated relevant markets and often occur in the essential facilities sector. By using the rule of reason approach, KPPU found that discriminatory practices will be more effective if the business actor is in a dominant position or even occupies a monopoly position. Then, the three decisions in this discussion are equally suspected of violating Article 19 letter d on discriminatory practices. Then, related to the relevant market, the three cases have different markets, and also all three have vertical relationships with other business actors.
Legal Protections for Victims of Sexual Violence and the Rights of Victims Silmi, Rhaniya; Hendriana, Rani; Budiyono, Budiyono; Barkhuizen, Jaco; Harahap, Salman Paris
Jurnal Dinamika Hukum Vol 24, No 1 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.1.3884

Abstract

WHO has conducted surveys from 2000 to 2018, revealing that out of 161 countries, at least one in three women in the world has experienced physical and/or sexual violence. Additionally, The United Nations Entity for Gender Equality and the Empowerment of Women states that an estimated 35% of women worldwide have experienced physical and sexual violence. The issues addressed in this research are the specific regulations on sexual violence criminal acts in Law Number 12 of 2022 concerning the Sexual Violence Crime Law and the legal protection policy for victims of sexual violence. This research adopts a normative juridical approach, utilizing a literature review as well as secondary data analysis with a statute approach. The research findings indicate that the specific regulations in Sexual Violence Crime Law can be classified based on their definitions, types, evidence arrangements, victim rights, and criminal sanctions. The victim rights encompass the right to assistance, restitution, and compensation, the right to temporary protection, the right not to appear at trial, and the rights related to handling, protection, recovery, and rights for the family of victims of sexual violence criminal. The new regulations and provisions in Sexual Violence Crime Law have introduced many new innovations, particularly in legal protection policies that are oriented towards the rights of victims. However, some aspects still need to be considered to ensure the effective implementation of these regulations. It is necessary to promptly establish further implementing regulations regarding granting victims' rights.
Omnibus Law Nasihuddin, Abdul Aziz
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.2022.22.3.4088

Abstract

Sexual Harassment Through Language Strategies of Power in Higher Education Based on the Trichotomy of Relationships Approach Liza Agnesta Krisna; Rocky Marbun
Jurnal Dinamika Hukum Vol 24, No 2 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.2.4115

Abstract

Women are considered vulnerable under the UN Charter of Human Rights due to many factors, two of which are historical and systemic marginalization. Women, as a vulnerable group, increase their chances of becoming victims of sexual harassment, both physical and verbal abuse. This practice occurs across various settings, including Higher Education environments where such behaviors against students are prevalent. Legal science is no longer superior in reaching holistically when there is an inability to track language strategies based on the unconscious marginalization of binary opposition. This article aims to shed light on the ideological interests concealed behind a semantic model and the spread of semiotic symbols with sexual connotations. Using the legal research method with a Trichotomy of Relations approach, it uncovers the glorification of social status - as a lecturer, as capital in creating instrumental communication with sexual connotations. Regulations are needed to combat the misuse of communication for power and remove barriers hindering meaningful discourse. This policy should also enforce the use of clear and formal language to minimize interpretational ambiguities within the institution.Keywords: Criminal Law; Sexual Harassment; Trichotomy of Relation.
The Review of the Maslahah Mursalah Related to Early Marriage: Implementation and Orientation Suleman, Frangky; Arifuddin, Qadriani; Saifudin, Saifudin; Khasanah, Fitrohtul; Karimullah, Suud Sarim
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3783

Abstract

Child marriage is a controversial issue in many countries, including Indonesia, due to its negative impact on girls. Indonesian law regulates the minimum age for marriage, but there are still gaps in its implementation. This issue also relates to social, economic, and health impacts, such as reproductive health risks and limited access to education. This research aims to review the implementation of child marriage policies, policy orientations, and their impact on the understanding and implementation of maslahah mursalah values. This study uses normative legal research methods to examine the issue of child marriage based on the normative aspects present in applicable legislation. The results of the research indicate that the implementation of child marriage policies based on maslahah mursalah in Indonesia should be holistic, considering social, cultural, religious, and legal aspects. This policy should prioritize the common welfare and protection of children's rights, with an emphasis on education, legal protection, reproductive health, and reducing social stigma. The importance of collaboration between the government, NGOs, religious leaders, and the community in designing and implementing this policy is emphasized. Regular evaluations need to be conducted to ensure the effectiveness of the policy in achieving the goals of child protection and public welfare. Additionally, consideration should be given to the cultural and religious diversity in Indonesia while adhering to international commitments supporting the prohibition of child marriage.
Garnering Votes, Building an Image Raharjo, Agus
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.2022.22.2.4086

Abstract

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