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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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Legal Framework of Community-Based Water Resource Management to Achieve SDGs and “No One Left Behind” Rosita Candrakirana; Affan Akbareldi; Adinda Rizky Fajri; Devica Rully Masrur
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.2024.24.1.3892

Abstract

This study aims to examine community-based water resources management implemented in Umbul Ponggok Village, Klaten Regency, Central Java, Indonesia, based on the Water Resources Law (2019) and was subsequently modified by the Job Creation Law (2023), which prioritizes the well-being of the local community and in order to achieve sustainable development goals (SDGs), especially the principle of No.-One Left Behind. Community involvement in water resources management is very important. Therefore, communities no longer only act as consumers but also as those who determine their own needs for water resources. One area that has implemented this approach is the community in Ponggok Village, Klaten Regency. Therefore, this study addressed the compliance of the community-based water resource management in Ponggok Village, Klaten Regency, with the existing regulations. The study also determined whether the community complies with the principles of Sustainable Development Goals (SDGs) through a juridical-empirical method. Data was collected through documentation and interviews, and qualitatively analyzed. The result showed that the practices of water resource management in Ponggok Village aligned with existing regulations. However, a notable gap existed in adhering to reporting regulations, attributed to a lack of awareness among the village apparatus. Then, the water resource management in Ponggok Village has fully aligned with the current regulations and the SDGs' principles.
Online Sale of Pirated Books from a Legal and Moral Perspective Kartika Wati, Ratna; Usman, Zuraini Jamil; Soediro, Soediro
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.2024.24.1.3776

Abstract

The increase in online book sales without permission and copyright violations in Indonesia poses a major threat to written works. This problem requires normative legal and moral studies to find solutions that complement previous research. This article aims to analyze and describe the legal regulations for buying and selling pirated books online and explain that the act of pirating books for sale is a moral crime. Normative legal research was used, which produced prescriptive conclusions. The data in this article consists of the Copyright Law, Information and Electronic Transactions Law, and other technical regulations. These regulations are equipped with various supporting references that discuss copyright issues, moral rights, and integrative legal theory, which describes a comprehensive legal system for responding to regulatory violations. This article reveals that national legal policies are not sufficient to guarantee protection for authors and publishers against book piracy and even make it difficult to report this crime to the police so that the use of the criminal justice system becomes ineffective. Indonesian society's perception of book piracy must be improved from previously being a common practice to a moral crime that is financially detrimental, and to the good name of authors and publishers. This article suggests several changes to the regulatory structure. First, we determine the authenticity verification scheme for books sold in bookstores and on marketplace platforms. Second, eliminating the concept of Klach Delict in criminal provisions so that reporting the crime of book piracy can be done by anyone, especially publishers and the public, who observe copyright.
Politics and Green Financial Crime: Envisioning a Sustainable Democratic Future in Indonesia Putra, Yagie Sagita; Pujiyono, Pujiyono; Rochaeti, Nur; Fernando, Zico Junius
Jurnal Dinamika Hukum Vol 24, No 3 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.4569

Abstract

This research investigates the link between environmental crimes and political corruption in Indonesia, focusing on findings by the Indonesian Financial Transaction Reports and Analysis Center (PPATK). PPATK reported that approximately 1 trillion Rupiah, derived from green financial crimes such as illegal logging and environmental exploitation, has been funneled into political campaigns ahead of the 2024 elections. These illicit financial flows threaten electoral integrity, environmental sustainability, and democratic governance. Utilizing a normative legal research method with legislative, conceptual, comparative, and futuristic approaches, this study identifies gaps in existing political funding regulations and oversight mechanisms. The findings reveal that the lack of transparency and accountability in campaign financing allows environmental criminals to influence policymaking, thereby weakening green policies and governance. To address this issue, the study proposes actionable solutions: strengthening independent oversight institutions, enforcing strict political financing transparency, adopting a risk-based approach to financial regulations, increasing public participation, and enhancing international cooperation. Collective action from civil society, policymakers, and global partners is imperative to safeguard Indonesia’s democratic values and environmental heritage.Keywords: Environmental Crimes; Green Financial Crime; Indonesia; Politics.
Breaking The Cycle: Reforming Indonesia’s Justice System to Prioritize Victim-Centered Solutions Amriyanto, Amriyanto; Alting, Husen; Bakhtiar, Handar Subhandi; Putra, Grahadi Purna
Jurnal Dinamika Hukum Vol 24, No 3 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.5129

Abstract

This study examines the role and position of crime victims within Indonesia's criminal justice system, highlighting their marginalization and the limitations of the current framework. Victims are often relegated to the role of evidence providers, sidelining their rights and needs while exposing them to risks such as retaliatory actions and psychological trauma. The system's emphasis on punitive measures for offenders fails to adequately address the suffering of victims, perpetuating their exclusion from meaningful participation in justice processes. The research employs a normative legal method, drawing on statutory and conceptual approaches alongside legislative analyses and secondary data, to explore restorative justice as a viable solution. Restorative justice offers a balanced, inclusive model that involves victims, offenders, and their families in collaborative decision-making. This approach not only addresses victims’ needs and aspirations but also reflects Indonesia’s cultural values of kinship and social harmony. It emphasizes fairness by holding offenders accountable in a manner proportionate to their capacity, while promoting victim rehabilitation and community reconciliation. Findings demonstrate the potential of restorative justice to mitigate systemic challenges, enhance victim involvement, and create outcomes aligned with societal values. The novelty lies in advocating for restorative justice as a culturally congruent and legally viable alternative to the prevailing adversarial system. By prioritizing victim-centered justice, this approach fosters a more humane and effective criminal justice process, ensuring that justice serves all stakeholders equitably.Keywords: Criminal Justice System; Restorative Justice; Victims.
Towards National Food Security: The Necessity of Public Participation in Agricultural Land Conversion Soediro, Soediro; Muhammad, Mahdi; Alfath, Kem Nori
Jurnal Dinamika Hukum Vol 24, No 3 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.4497

Abstract

National Food Security in Indonesia faces threats from agricultural land conversion, especially with a projected 324.05 million population by 2045 and only 5.2 million ha of paddy fields left. Policy and community involvement are essential to curb land conversion and sustain food production. While regulations exist, their implementation remains suboptimal due to community support for land conversion to housing. This study delves into public participation's role in agricultural land conversion for food security. It employs two approaches: a statutory approach to understand regulations and a case approach to study their practical application. Data sources encompass laws, regulations, literature, and documents on Indonesian agriculture and food security. Factors driving land conversion include economic challenges like low incentives and high production costs, societal perceptions deeming farming less prestigious, a rising population, increased land values near cities, and irrigation water shortages.  To combat land conversion, the strategy advocates for active stakeholder involvement, emphasizing community participation in planning, execution, monitoring, and evaluation. This approach, backed by legal analysis, aims to effectively thwart land conversion and preserve agricultural lands. Keywords: land conversion; national food security; agriculture.
The Age Limit for Presidential and Vice-Presidential Candidates in Constitutional Court: An Implication of Ethical Sanctions for Judges Fauzan, Muhammad; Iriani, Dewi; Budiono, Arief; Rannie, Mahesa; Marvinda, Elsa Sintya
Jurnal Dinamika Hukum Vol 24, No 3 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.4116

Abstract

Almas filed a lawsuit to change the minimum age of presidential and vice presidential candidates from 40 years to 35 years. Almas believed that if it is not changed, it will be contrary to the Republic of Indonesia’s 1945 Constitution. This decision is controversial but has opened a rare opportunity for talented young people to ascend and hold presidential and vice-presidential positions via election, even when they are less than 40 years old. The Republic of Indonesia’s Constitutional Court judges partially accepted Almas' lawsuit, in which the age limit remains at least 40. However, it can be deviated if a person has had experience becoming a regional head (governor/regent/mayor). This research aims to analyze: (1) how Constitutional Court judges interpret the minimum age limit for presidential and vice-presidential candidates in the Indonesian constitutional system; and (2) how the Constitutional Court judges’ final authority, which is Decision No.90/PUU-XXI/2023 on the Minimum Age Limit for Presidential Candidates and Vice-Presidential Candidates is a controversial decision. Method: This study used a jurisprudence approach, which studied the judicial decision in court primary data. It was supported by secondary data, which were obtained through a literature review. It focused on the data of Decision No. 90/PUU-XXI/2023, the Indonesian Constitution, and the Election Law (2017). Findings: In this study, it was found that the Decision of the Constitutional Court No. 90/PUU-XXI/2023 on the Minimum Age Limit for Presidential and Vice-Presidential Candidates is controversial, considering how the judge decided it. Then, several judges were sentenced for the act of ethics violation by the Constitutional Court’s Honorary Assembly. Conclusion: The decision of the Constitutional Court is binding and final, even though it is controversial. Several judges were sentenced for committing a violation of ethics by the Constitutional Court’s Honorary Assembly. Even so, this decision also opened up an opportunity for talented but young people under 40 to become presidential or vice-presidential candidates in the election.Keywords: Reconstruction, Age Limit, Presidential Candidates, Vice-Presidential Candidates
Social Reintegration Model For Juvenile Prisoners: An Indonesian Perspective Rinaldi, Kasmanto
Jurnal Dinamika Hukum Vol 24, No 3 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.3875

Abstract

Juvenile recidivism poses significant challenges for society, as young offenders often cycle through crime due to negative environmental influences and lack of support. This study aims to explore effective rehabilitation strategies for juvenile recidivists in Pekanbaru, Indonesia. Data were collected through interviews with juvenile inmates, prison guards, and analyses of inmate files, guidance regulations, and annual reports. The findings indicate that a comprehensive coaching model, which includes rehabilitation, educational initiatives, social support, and legal education, significantly aids in the social reintegration of juvenile offenders. The study highlights the importance of tailored rehabilitation approaches that address the unique needs of juveniles compared to adult offenders. To enhance reintegration efforts, the author recommends implementing community-based support programs and increasing collaboration between juvenile justice systems and local organizations to provide ongoing assistance and mentorship for former inmates.Keywords: Juvenile recidivism, recidivism, recidivist, recidivist coaching, social reintegration.
The Rome Statute Impact: Challenge of Upholding Human Rights in Indonesia’s Human Rights Court Rohman, Arif; Syafruddin, Syafruddin; Chalermsin, Panupong
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.2024.24.2.4228

Abstract

This article examines the effect of enforcing gross human rights violations and the implications of Indonesia as a state that did not ratify the Rome Statute. This study is done by studying the legal basis of human rights courts in Indonesia. A doctrinal approach is used. The main legal materials used are the Human Right Court Law (2000) and human rights court decisions. The research findings indicate that the process of enforcing gross human rights violations requires integration between National Human Rights Commission as an investigator and the Attorney General's Office as an investigator. The substance of enforcing gross human rights violations is a formality because Indonesia, as a sovereign state, has the right to determine the model of enforcing gross human rights. However, in fact, there are still many gross human rights violations that cannot be resolved due to differences in perceptions of sufficient preliminary evidence. For this reason, reformulation of the Human Right Court Law (2000) is needed.
Cancellation of Article 55 of The Public Accountant Law by The Constitutional Court Decision Fikri, Herman
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.2023.23.3.3746

Abstract

The Public Accountant profession could be punished without a Constitutional Court Decision. Because it can be punished, the Public Accountant Professional Association filed a lawsuit with the Constitutional Court with rational reasons that form the basis of the petition. The research conducted is normative legal research. The results of the study state that Public Accountants are in a subordinate and minor position due to the lack of protection for the exercise of their profession, given the high legal threat. Even if it is true that the intent of the formulation of Article 55 Letter a of the Public Accountants Law is to protect the public interest from the possibility of falsification or fraud perpetrated by an Accountant, the public's interests have been adequately protected by the provisions of the Criminal Code (delict of counterfeiting or fraud), so, therefore, the provisions of Article 55 letter a The law is an exaggerated and even fantastic provision. Thus, Article 55 letter a of the law creates uncertainty in the law and contradicts the principle of lex certa, which is the basic principle in criminal law of the inclusion of criminal sanctions as determined by Articles 55 and Article 56 of the law in the perspective of humanistic criminal law is imprecise and irrational. So, it is essential to regulate the accounting profession, which should be the basic idea of strengthening the profession, which is used as a standard or orientation point of view, reduced by the criminalization in Article 55 letter b, which creates fear in the world of accountants.
Regional Government Policy in the Implementation of Child-Friendly City: An Analysis of Way Kanan District Prasetyawati, Suryati Endang; Fauzan, Muhammad; Amalia, Syarafina Dyah
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.2024.24.1.4283

Abstract

The child-friendly city concept implementation in Way Kanan City is intended to fulfill the needs of children's rights there. This paper aims to contribute to policymakers’ implementation of child-friendly cities, especially in developing countries, by analyzing how child-friendly cities are implemented and the challenges faced. This article was created using socio-legal research methods. The results of this study show that the implementation is carried out by the Office of Women's Empowerment and Child Protection through several stages, namely, KLA development planning in the form of preparing Regional Action Plans, then implementing KLA development in the form of KLA programs’ implementation by involving all resources and implementing child-friendly school programs as well as monitoring and evaluating KLA development regularly. Implementation constraints come from internal factors. Challenges include limited human resources and an inability to understand women's empowerment and child protection issues, which affect socialization. Public facilities also need improvement to meet child-friendly standards. Meanwhile, technical coordination issues and misunderstandings about the KLA program's purpose arise due to external factors. Societal attitudes towards violence as education hinder program implementation. The suggestion for this research is to improve coordination between stakeholders or increase cooperation with partners to overcome problems regarding the lack of human resources, increase the budget and optimize the implementation of child-friendly city efforts.

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