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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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Indirect Evidence in Disclosing Cartel Violations Under Business Competition Law in Indonesia Sari, Liani; Katjong, Revie Kurnia; Nurlia Mamonto, Andi Anisa; Ramli, Asmarani; Bakung, Dolot Alhasni
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.2024.24.1.4053

Abstract

Cartels, or secret deals among competitors to set prices, limit production, or divide markets, pose a significant challenge to healthy competition and market integrity around the world, including in Indonesia. This study examines the use of indirect evidence, such as economic data and communication patterns, in uncovering such covert operations under the Indonesian Competition Law (Law No. 5 of 1999), using the normative juridical approach. The study uses statutory analysis to understand the legal framework, case analysis to explore the use of indirect evidence in law enforcement, and conceptual analysis to enhance theoretical understanding. This study analyzes the decisions of the KPPU and District Courts, KPPU regulations, and relevant legal frameworks to understand the applicability and challenges of using circumstantial evidence in legal proceedings. The results of the study make it clear that, despite its important role, the study identifies legal uncertainty and the need for corroborating evidence as the main obstacles to the effectiveness of indirect evidence. It reveals a significant gap in the acceptance and interpretation of indirect evidence between the KPPU and the judiciary, highlighting the need for clarity and consistency in the law. This review recommends the revision of Law No. 5 of 1999 and related procedural laws to include provisions for the acceptance and utilization of circumstantial evidence, improving the adjudication process of both the KPPU and the courts. This research contributes to Indonesia's understanding of competition law enforcement and promoting fair business practices.
Unveiling the Legal Impacts: The Unilateral Termination of the 1997 Russian-Ukrainian Friendship Treaty Gunawan, Yordan; Riyanto, Aisyah Ajeng Putri; Farman, Logi
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.2024.24.2.4200

Abstract

In 2022, Russian forces seized the capital of Ukraine, Kyiv, and reported more than 700 attacks on health facilities, personnel, and transport vehicles, resulting in the deaths of over 200 people. Despite encountering complex issues, Ukraine and Russia concluded the 1997 Russian-Ukrainian Friendship Treaty, which addressed matters of equality, sovereignty, and territorial integrity. However, Ukraine unilaterally terminated the Treaty in 2018. This research aims to analyze the legal implications arising from the unilateral termination of the Treaty, focusing on the realm of international law. The research employs a combination of normative legal research, analytical conceptual approaches, and case studies. The findings indicate that the termination of the Treaty adhered to Article 54(a) of the Vienna Convention on the Law of Treaties 1969. Nevertheless, the termination has resulted in legal uncertainty and has the potential to exacerbate pre-existing tensions, particularly regarding territorial integrity, which have intensified since 2014.
Criminal Sanction Reduction Policy: Mental and Intellectual Disabilities Review from the Purpose of Punishment Rugun Romaida Hutabarat
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.2024.24.1.4148

Abstract

In the realm of criminal law, it is acknowledged that criminal offenses may be perpetrated by a broad spectrum of individuals, including those with disabilities, spanning both mental and intellectual realms. The term “disability” includes individuals with physical or intellectual impairments who could not previously be sanctioned. However, Law No. 1 of 2023 has provided for the imposition of sanctions for people with mental or intellectual impairments. This study employs a normative research methodology, utilizing a statutory approach through the examination of various literature and journals focused on criminal law policy. Specifically, it addresses the implementation of incarceration for individuals with mental and intellectual disabilities. Through descriptive-analytical methods, this research highlights that Article 38 of the New Criminal Code expands the scope of criminal sanctions applicable to individuals with mental and intellectual disabilities. This provision appears to be at odds with Article 44 of the Criminal Code, which exempts persons with such disabilities from criminal liability, suggesting a contradiction where Article 38 permits the application of reduced penalties. The conclusion posits that while individuals with disabilities might be seen as not fully accountable under certain circumstances, leading to exemption from criminal penalties, a human rights perspective advocates for prioritizing social rehabilitation.
Name & Subject 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.2022.22.3.4089

Abstract

The Judge's Way of Ruling Raharjo, Agus
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.2022.22.1.4084

Abstract

The Criminal Law Policy on the General Election System in Indonesia Lubis, Mhd Teguh Syuhada; Saragih, Rayani; Hanifah, Ida; Koto, Ismail; Jacob, John Tumba
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.2023.23.3.3782

Abstract

General elections are a crucial pillar of democracy in Indonesia, allowing citizen participation in selecting leaders and shaping policies. Strong criminal law policies are necessary to preserve the integrity of elections, despite challenges in consistent law enforcement and clear definitions of election violations. The aim of this research is to assess the implementation and effectiveness of criminal law policies in preventing and addressing election violations in Indonesia and to identify their impact on the election process. The research findings indicate that the implementation of criminal law policies in preventing and addressing election violations is crucial. This is achieved through stringent election regulations, strict enforcement of criminal sanctions, careful monitoring and investigation, and swift handling of violations. The effectiveness of criminal law policies is also evident in deterring violations, ensuring transparency in funding, and active citizen participation in monitoring. Criminal law policies have a significant impact on the election process. Positive impacts include efforts to prevent election crimes, protect voting rights, and address election law violations through strict regulations. Prevention of election crimes such as spreading false information and the use of violence is tightly regulated to maintain election integrity. Protecting voters' rights is a focal point, with prohibitions against bribery and intimidation practices. However, the negative impact lies in the potential misuse of criminal law for political purposes, which can undermine the principles of presumption of innocence and human rights.
Ensuring Personal Data Protection in Telemedicine Services Destyarini, Normalita
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.2024.24.2.3869

Abstract

The development of technology utilization in terms of the business sector in various fields makes its own challenges in providing consumer protection. then it is necessary to know that the Personal Data Protection of telemedicine service users provides consumer protection accommodation. There are aspects of protection for consumers as service users of personal data. Control of personal data should be carried out by companies that use technology in their business activities, in this case the organizers of electronic systems as required by existing regulations. The protection of consumers has been accommodated in the Consumer Protection Law (1999). Problems with data leaks that occur in Indonesia are problems experienced by consumers as users of digital services. Protection of personal data is a basic right of citizens and therefore the role of the State as the competent authority in the management and regulation of personal data. To ensure accommodation of personal data protection in the business development of digital start-up companies, it is necessary to study the accommodation of personal data protection as a form of protection for consumers in the Consumer Protection Law ( 1999) by Digital Start-up Companies as service providers. Normative research method with conceptual and legal approach is used to explain the facts. The results of this study show that the Consumer Protection Law (1999) on Consumer Protection has not provided regulatory accommodation that provides data protection for consumers of telemedicine. Output from this research can be a guideline for consumer protection practices in digital start-ups as required by the Consumer Protection Law (1999) and recommendations for relevant stakeholders in digital start-up services.Keywords: Consumer Protection; Personal Data Protection; Start-Up.
Name & Subject Raharjo, Agus
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.2022.22.1.4085

Abstract

Fin-tech Regulations Development, Challenges, and Solutions : A Review Gupta, Chander Mohan; Kaur, Gagandeep; Yuliantiningsih, Aryuni
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.2024.24.1.4074

Abstract

Fintech is a term which is the most common and used in the financial sector these days around the globe. Its growth has made it clear that it is there to stay, and it is going to cause a major disruption on the globe level, when talked about in relation to financial markets. It is an old saying, “With great powers come great responsibilities” and the same is true in relation to fintech. With the kind of growth, it is doing it needs to be monitored and regulated on a major level. When we talk about the fast-moving areas where fintech has made an impact are e-invoice, e-payments, deposits, and financial transactions on personal, corporate and government level. When we calculate the scale at which fintech is growing we need to understand that it is just a matter of time that everything will be assessable with a click of a button and if in the wrong hands we can imagine the impact done. When we see the dark side of fintech where the companies have an assesses to the data and every personal information of customers, they can use/misuse the same at their liberty. If we study the cases from around the globe it is a simple practice of which works of a simple rule, “If it works here, it will work everywhere.” This paper also delves into tracing the cyber threats faced by the financial sector due to its reliance on technology and sensitive data.  The authors have analysed a number of laws, rules, and guidelines to regulate fintech in India that are designed to foster innovation, protect the interests of consumers, and preserve the country's financial stability.   Thus, in the said paper the authors have tried to study the journey of Fintech in relation to its regulatory legal journey, in relation to India.
Legal Loophole Related to Ensuring Civil Rights in the Use of Drones With Spying Purposes in Indonesia Firmansyah, Hery; Oemar, Erwin Natosmal; Putri, Nessya Monica Larasati; Harshita, Harshita
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.2024.24.1.3947

Abstract

Education, economy, and technology are three fields that cannot be separated from the constantly evolving changes. The use of drones as one of the tangible forms of rapid technological development in Indonesia has great potential to cause losses and adverse impacts on national sovereignty. Through this research, the authors will focus on dissecting the legal loophole related to the regulation of drone use that has yet to be comprehensive and has yet to be received attention from the Indonesian people. The guarantee of rights for civil society is an important issue that has yet to be eradicated, especially in terms of the use of drones for spying purposes in Indonesia. This research is a normative juridical research, processing techniques of statutory, conceptual, and comparative approaches. The results of this study state that Indonesia has yet to formulate comprehensive drone regulations, so it is urgent to make detailed rules regarding the classification of drones for recreation and non-recreation/business in order to protect the rights of the affected communities. The research is also compared to a real case in Florida to emphasize the fact that Indonesia is very far away in terms of regulations to protect the rights of its people in terms of the use of drones for spying purposes. This research’s final result and objective focuses on answering the legal vacuum related to guaranteeing civil society’s rights to use drones for spying purposes.

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