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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 16 Documents
 1   2 
Search results for , issue "Vol 16, No 1 (2016)" : 16 Documents clear
LOCAL GOVERNMENT ROLE IN THE SOLVING OF CATCHING FISH ILLEGALLY IN ACEH REGION Adwani Adwani; Mahfud Mahfud; Rosmawati Rosmawati
Jurnal Dinamika Hukum Vol 16, No 1 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.1.517

Abstract

This study aimed to describe the shape of local government actions in tackling illegal fishing in Aceh,  the handling of illegal fishing destructive fishery resources. The fundamental point is Law No. 45 Year 2009 concerning fisheries. This spesification of this research descriptive analysis, used both normative juridical approach and empirical. The results showed that the local government has made an effort preventive and repressive in the case of illegal fishing. To coordinate with relevant agencies and empower the role of traditional institutions of the sea to assist the role of government and law enforcement.Local governments should improve the coordination and supervision of the marine area, to monitor and evaluate the performance of local authorities in applying the law against this illegal fishing case.Keywords: Illegal, Local Government, and Fishing.
PROGRESSIVE LAW ENFORCEMENT TOWARDS HUMAN RIGHTS VIOLATION IN KOTA KUPANG` Joni Efraim Liunima
Jurnal Dinamika Hukum Vol 16, No 1 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.1.462

Abstract

Copyright is creator intellectual wealth so it needs to be protected by the State as a form of responsibility. Responding that problem comes into the world Law Number 28 Year 2014 concerning Copyrights and all violations in UUHC is formulated as delict complaint. Consequence of delict complaint is not all of copyright violations can be asked for the responsibility because law agencies are passive and limited by space and time. Answering that jurisdictional problem then researcher used empirical law research method. The result showed that civil servants investigator (PPNS) Kanwil Kemenkumham NTT and also Kupang Kota Police Resort have done progressive step such as appealing, warning, calling, making statement, stocktaking and confiscation whereas the obstacle factor of progressive law enforcement is knowledge, mindset and in the formula of UUHC there is no section which formulate what the step can be done if criminal matters happen so the suggestions given is law enforcement agencies need an explanation about progressive law enforcement and it is better if in UUHC need to be formulated a step which will be taken if criminal matters happen.keywords : Right, Progressive law, Law Enforcement
REGULATION AND SUPERVISION SHADOW BANKING INSTITUTIONS WHICH IS POTENTIALLY GIVES SYSTEMIC RISK AS AN EFFORT TO GIVE LAW PROTECTION TO CONSUMERS (Study in Banyumas Ex-Residency) Dr. Sulistyandari S.H., M.Hum
Jurnal Dinamika Hukum Vol 16, No 1 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.1.513

Abstract

Shadow banking practice there is a tendency to increase, then the regulator should be set. Some cases have led to financial stability system disorders and cause systemic risk. This study aims to reveal weaknesses in the regulation and implementation of shadow banking institutions that have the potential for systemic risk and the protection of customers  both normative and implementation in the Ex-residency of Banyumas. This study is a qualitative study with normative juridical approach and the study of law as the law in action, a social science studies that non-doctrinal and empirical. The results showed that the implementation of the supervision of shadow banking in the former residency of Banyumas potential harm to customers primarily in LJKNB shaped KSP / KJKS that provide services to non members, LJKNB who misuse their permissions business activities, LJKNB that has not been incorporated, but no potential systemic. Factors law, law enforcement, facilities, people and culture affect the implementation of surveillance in the area of Ex-residency of Banyumas.Keywords: regulation, supervision, shadow banking
THE POLICY OF GRANTING REMISSION TO CORRUPTION INMATES IN ORDER TO ERADICATE CORRUPTION IN INDONESIA M Ali Zaidan
Jurnal Dinamika Hukum Vol 16, No 1 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.1.518

Abstract

Corruption is an extraordinary crime, even though the laws have been revised and has a more progressive character has also established Anti-Corruption Commission the number of crimes of corruption still do not show any significant change. In the midst of public pessimism, the Ministry of Justice and Human Rights has initiated efforts to revise the Government Regulation Number 99 Year 2012. The tightening of remission meant that the convict is not easy to get their sentences reduced. Attempts to revise the provisions concerning remission, it should consider how far can reduce corruption and its impact on inmates and the public.Key words: extraordinary crime,corruption, remission.
RECONSTRUCTION THE AUTHORITY OF CONSTITUTIONAL COURT ON IMPEACHMENT PROCESS OF PRESIDENT AND/OR VICE PRESIDENT IN INDONESIAN CONSTITUTIONAL SYSTEM Hezron Sabar Rotua Tinambunan
Jurnal Dinamika Hukum Vol 16, No 1 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.1.519

Abstract

In the process of impeachment, Constitutional Court has the obligation to give its judgement to House of Representatives’s opinion regarding allegation of violation by the President and/or Vice President. Constitutional Court checks and judges House of Representatives’s opinion on whether or not the President and/or Vice President works fulfill Article 7A of Constitution of Republic Indonesia 1945 (UUD NRI 1945). The inspection done by Constitutional Court is the judicial process whose decision is in the form of justisil. The result of this impeachment process heavily depends on the judgement of People's Consultative Assembly in its plenary meeting which is also a politics forum, where President and/or Vice President could be dismissed or not. Constitutional Court’s judgement does not apply to People's Consultative Assembly, hence, the difference of Constitutional Court and People's Consultative Assembly’s judgement in plenary meeting that is very political by its nature is very likely to happen. Involvement of Constitutional Court in the procss of impeachment is, of course, different in each country. It depends on governance system in that particular country, it also relies on how much authority that is given by Constitution to Constitutional Court in the process of impeachment itself.Keyword: Authority, Constitutional Court, Impeachment.
COMMITMENT OF LOCAL GOVERNMENT IN PROVIDING LEGAL AID FOR THE POOR SOCIETY Saru Arifin
Jurnal Dinamika Hukum Vol 16, No 1 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.1.403

Abstract

The birth of the Legal Aid Act in the year of 2011 had strengthened the right of legal assistance for the poor in resolving legal issues that arrise. In the Act, Local Goverment is given the authority to provide legal assistance. This study uses socio-juridical method that aims to analyze the commitment of the local government of Badung regency, Bali, as one of the region with the highest revenue in Indonesia, in providing legal assistance. These results indicate that high local revenue of Badung regency, Bali are not positively correlated with the commitment to provide the legal assistance to the poor. This is indicated by the absence of a Local Regulation on legal aid and no funds were allocated to help the poor who need legal help. In addition, in the implementation of legal aid in Badung there are two main obstacles that the lack of regulation of legal aid and the constraints the letter to residents from outside the area. Keywords: Legal Aid, poor people, Justice, Legal Aid Institute
THE MODEL OF BIOPIRACY DISPUTE SETTLEMENT IN THE FRAMEWORK OF PROTECTING TRADITIONAL KNOWLEDGE Zakki Adlhiyati; H Harjono; Sri Wahyuningsih Yulianti; Moch Najib Imanullah
Jurnal Dinamika Hukum Vol 16, No 1 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.1.444

Abstract

Solving the problem of traditional knowledge biopiracy faced by Indonesia is the background of this article. Thereby the problem of this papers is to seek the best way to settle the dispute occurred in biopiracy case. Due to the economic value of traditional knowledge this national resources need to be protected. Due to this economic value, a lot of traditional knowledge stolen and patented by someone else, this biopiracy cases had been long faces by the developing countries i.e Indonesia with shisheido case and avian influenza (H5NI) case, India with turmeric case and basmati rice case. Judicial settlement of dispute, alternative dispute resolution, quasi-judicial is a way to solve the cases which can be chosen.Keywords: biopiracy, traditional knowledge, dispute
A FAST PROCEDURE AS AN ACCESS TO JUSTICE IN ORDER TO REALIZE A SIMPLE, FAST, AND LOW COST PRINCIPLE IN INDONESIA Afriana, Anita; Fakhirah, Efa Laela
Jurnal Dinamika Hukum Vol 16, No 1 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.1.489

Abstract

Civil disputes resolution in court has complicated procedures. For the parties with small value of claims, the settlement through the court with a convoluted procedure is not an appropriate choice because time spent in the court is not comparable to the value of the dispute. On the  other hand, the settlement by arbitration and alternative dispute resolution sometimes considered insufficient to provide legal certainty. The objective of this article is to analyze fast procedures that are used in the settlement of a lawsuit simply as a means of access to justice, and the prospects of fast procedures in the civil judicial system of Indonesia. The approach used is normative juridical. The results shows that the regulation of fast procedures in indonesia is an advancement as a means of access to justice but it still required socialization to the public about fast procedure and simple lawsuit.Keywords :  Access To Justice, Fast Procedures, Simple Lawsuit,  Private Dispute
THE ESSENCE OF REMUNERATION FEASIBILITY IN AN EFFORT FOR THE WELFARE OF THE WORKER Zulkarnain Ibrahim
Jurnal Dinamika Hukum Vol 16, No 1 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.1.520

Abstract

The Remuneration feasibility is one of workers’ fundamental principle, must be implemented in national development program on employment by setting policy of composing planning labor, employment information, and job training. Professional workers will increase the productivity and company profit. Positive impact to workers, will receive their right for reasonable wages, so that reached welfare for them and their family, and live honorably and dignified in society.Key words: law, workers,reasonable wages
THE READINESS OF FOREIGN WORKERS REGULATIONS IN THE ENGINEERING AND MEDICAL PRACTITIONERS SECTOR ENTERING THE ASEAN ECONOMIC COMMUNITY Agusmidah, Agusmidah; Siregar, Mahmul; Putra, Mohammad Eka
Jurnal Dinamika Hukum Vol 16, No 1 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.1.369

Abstract

Protection of the domestic labor market and prevention of skilled foreign workers entry through negative list are not in accordance with free market principle of the ASEAN Economic Community (AEC) to be implemented in ASEAN countries such as Indonesia in the second half of 2015. However, restrictions are still practiced by some Indonesian government institutions, such as Ministry of Health for doctors, dentists, and nurses, the Ministry of Public Works for surveyors, and the Ministry of Tourism for tourism profesionals. Through literature study and legal analysis, it was found that foreign workers restriction by professional associations according to certain competency standards aims to prevent domestic work from being monopolized by skilled foreign workers in the AEC 2015 era.Keywords: ASEAN Economic Community (AEC), Indonesian regulation, skilled foreign workers

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