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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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MENGGUGAT RELASI FILSAFAT POSITIVISME DENGAN AJARAN HUKUM DOKTRINAL FXAdji Samekto
Jurnal Dinamika Hukum Vol 12, No 1 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.1.108

Abstract

In the teaching of law, there is often "mistaken", that puts legal positivism (jurisprudence)  is identical with the philosophy of positivism. Legal positivism be identified as an instance of positivism philosophy intact. The study of legal positivism, in fact very closely related to the philosophy and teachings of the law from time to time. The effects of natural law in the scholastic era, then the era of rationalism and the influence of positivism in the philosophy of natural science is very attached to the legal positivism until today. Therefore not only the philosophy of positivism affecting the development of legal positivism. Based on that then the legal positivism in fact has a characteristic which is different from the social sciences. If the social sciences were developed based on the philosophy of positivism, the doctrinal teaching of the law is not entirely been developed based on the philosophy of positivism. Not all the logical positivist philosophy can be applied in the doctrinal law. Keywords : positivism, legal positivism, doctrinal
REFLEKSI ILMU HUKUM DALAM ANALISIS PENEGAKAN HUKUM PEMBERANTASAN KORUPSI DI INDONESIA Ino Susanti
Jurnal Dinamika Hukum Vol 14, No 1 (2014)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2014.14.1.282

Abstract

Several analyses on corruption and its eradication approach have been proposed by various research studies, especially from social and humanity field of study. Commonly, the main notion of these analyses concerns with the overlooking measure on corruption eradication by the law enforcement. These notions bring about a serious challenge for the conception of jurisprudence; what is the more compatible conception, and how do they match it with the law enforcement matters? A reflexive comprehension regarding materials such as the essence corruption definition, structure of juris-prudence, and finally, continuously debate over legal theories, may give a justice based approach for the corruption eradication. Key words: analysis of corruption, jurisprudence, law enforcement  
GAGASAN REFORMASI BIROKRASI DALAM RANCANGAN UNDANG UNDANG (RUU) TENTANG ADMINISTRASI PEMERINTAHAN Indiahono, Dwiyanto
Jurnal Dinamika Hukum Vol 11, No 1 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.1.89

Abstract

Draft of Public Administration Law in the reality is arranging how public administration done by government and citizen. This draft is legal fundament to put down public functionary rights and obligations, governmental institution (as public organization) and public as citizen more equal. Bureaucracy reform have to be viewed as complex domain, and also require the complex effort to support it. RUU AP has to esteem as part of bureaucracy reform effort in Indonesia. And to hope happened high acceleration in bureaucracy reform, hence RUU AP has to be supported with effort of developing commitment of public functionaries, developing system public service, improving the quality of human resource, improving exploiting of technology in bureaucracy (e-gov) and create best culture of bureaucracy. Key words: bureaucracy reform, public administration law, and culture of bureaucracy. 
TANTANGAN EKONOMI SYARIAH DALAM MENGHADAPI MASA DEPAN INDONESIA DI ERA GLOBALISASI Anis Mashdurohatun
Jurnal Dinamika Hukum Vol 11 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.Edsus.264

Abstract

In essence, globalization is the best means for Muslims to introduce the culture and the teachings of Islam to all corners of the world. Islamic economic challenges including the State that in fact many Muslim population tends to use the capitalist system; In economics and politics in view of the Islamic State is not strong so it is difficult to prove that the Islamic Economic System is superior to the capitalist and socialist, and Among the experts was still disagreement on the definition Islamic Economic System. Islamic Economy Facing Future In Indonesia in the Era of Globalization needs to consider several factors, namely Mastery Technologies, Sharia-based SME Development, Keeping the Sharia Economic Excellence, namely Islamic economic system, and also the prohibition of usury.Keywords:  islamic economic, globalization, capitalism
ASAS PRADUGA TIDAK BERSALAH: PENERAPAN DAN PENGATURANNYA DALAM HUKUM ACARA PERDATA Butarbutar, E. Nurhaini
Jurnal Dinamika Hukum Vol 11, No 3 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.3.175

Abstract

The principle of  presumption of innocence, was a general  principle of procedural law, because that was contained in the Act of Power by Judiciary. As that the general principle of procedural laws, that was principle has been effective to all process matter in the court. But also, the principle of  presumption of innocence, only well known in the criminal process matter because that was back arrenged in KUHAP and was not arranged in HIR/Rbg as a regulation of civil procedural in the court. Nevertheless, the principle of presumption of innocence was applied in civil process matter by mean of the implementation of principle that contained in HIR/Rbg, i.e principle of actor sequitor forum rei, principle of equality before the law and principle of actori in cumbit probation. Key words : The principle of presumption of innocence, a general principle of procedural law, its implementation, civil process matter
DOKTRIN ULTRA VIRES DAN KONSEKUENSI PENERAPANNYA TERHADAP BADAN HUKUM PRIVAT Ibrahim, Johnny
Jurnal Dinamika Hukum Vol 11, No 2 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.2.184

Abstract

An acts is ultra vires when corporation is without authority to perform it under any circumstance or for any purpose beyond the scope of the powers of corporation, as defined by its charter or by law  of incorporation. Some countries restrict the application of the doctrine of ultra vires but do not abolish it. Indonesia adopt doctrine of ultra vires in some of its law such as Law No. 40 of 2007 concerning Limited Liability Company and Law No. 25 of 2003 concerning Anti Money Laundering. The provisions of ultra vires doctrine has impact to other legal person than Limited Liability Company. Key words: ultra vires, extra vires, intra vires
ASPIRASI REFORMASI HUKUM DAN PENEGAKAN HUKUM PROGRESIF MELALUI MEDIA HAKIM PERDAMAIAN DESA Tedi Sudrajat
Jurnal Dinamika Hukum Vol 10, No 3 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.3.99

Abstract

Strategies of law enforcement are functioned to reduce the social conflicts that represent the aspiration of legal reform at local level, which the output is to support the government of Indonesia in establishing the accommodative legal system. In Indonesian social life, the values ought to be explored through the village as the lowest governmental organizations and the closest area with the society. These functions can create the village as a strategic area to create the justice at local level, and therefore the role of village judge required the village as a place that can accommodate the interests of the society. Keywords: law enforcement, law reform, village judge 
DAERAH KEPULAUAN SEBAGAI SATUAN PEMERINTAHAN DAERAH YANG BERSIFAT KHUSUS Stefanus, Kotan Y
Jurnal Dinamika Hukum Vol 11, No 1 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.1.80

Abstract

Some regions (local government) geograpically lie in islands area which get unjustice treatment compared with other regions. The problem is because of the service to public is broad and heavy in some islands, but do not get particular treatment from central government Search for and investigation about the  law  basis about archipelago area expresses that one of the principles of regional government undertaking according to the basic constitution of 1945 is that giving space to advance particular regions and specifically (including to as regions in islands). However, such principle has not been implicated broadly and clearly in the rule Law Number 32 years 2004.  Key words:        archipelago area, local government, particular regions, Legitimacy.
MENGGAGAS AMANDEMEN UUD 1945 DARI PEMILUKADA Melfa, Wendy
Jurnal Dinamika Hukum Vol 13, No 1 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.1.165

Abstract

The Head of Region Election is a means of democracy for the autonomy region in the efforts to implement the local autonomy through the process of decentralization in the political field to manage and take care the government’s matters in the efforts to improve the people’s welfare which is based on the Section 18 Article (4) Basic Constitution 1945 of Republic Indonesia as its constitutional foundation. At the operational level of constitutional base can cause multiple interpretations about the democracy model that can be carried out. Therefore, that decision needs to be taken an amendment so that it results the clarity and firmness of the Head of Region Election stated firmly and elected directly by people. Furthermore, there’s still “debatable” opinion to classify whether head of general election is included in the regional government regime or the public election regime, so that it needs an amendment towards Chapter VIIB about General Election Section 22E Article (2) Basic Constitution 1945 of Republic Indonesia, that’s why to classify the Head of Region into the General Election management together with House of Representative (DPR), Board of Regional Representative (DPD) President and Vice President and also Regional House of Representative (DPRD). This case will clarify that Head of Region Election is categorized or classified in the General Election regime.Key words: local autonomy, head of region election, amendment 
PERLINDUNGAN HUKUM TERHADAP PEKERJA ANAK DI SEKTOR INFORMAL (Studi Kasus Di Kota Kediri) Netty Endrawati
Jurnal Dinamika Hukum Vol 12, No 2 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.2.47

Abstract

Normatively children forbidden to work. To guarantee the protection of working children has been out various laws, which exist principles prohibit children to work, and when forced to work, then the normative such children should obtain legal protection enough guarantee, and the effort was one of them is done through provisions of Article 69 paragraph (2) Law No. 13 of 2003 concerning Manpower. The implementation of legal safeguards against children working in the practice of having many barriers, including economic factors that would be a driver of why kids should be working, cultural factors, factors community participation, and lack of coordination and cooperation, government  aparatur limitations personnel assigned to conduct surveillance, and other factors directly or indirectly, so until now the phenomenon of children working in the informal sector is almost always can be found all over Indonesia, both in big cities and in rural areas. Key words: working children, legal protection, the interests of the child

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