cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Yusuf Saefudin
Contact Email
yusufalasha@gmail.com
Phone
-
Journal Mail Official
agus.raharjo007@gmail.com
Editorial Address
-
Location
Kab. banyumas,
Jawa tengah
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 18, No 1 (2018)" : 16 Documents clear
ETHICS OF STATE OFFICIALS Agus Raharjo
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.2085

Abstract

High expectation towards state officials’ behavior seems to be suppressed again. It is because of the following recent case of “papa minta saham (dad asks for shares)” that ends with the change of Minister of Energy and Mineral Resources. It is also interspersed by some behaviors of other state officials in legislative sphere such as corruption as well as decency. The newest case re-appears, even no kiddingly, an official such as head of Constitutional Court does it.........
JURIDICAL ANALYSIS ON CONSUMER PROTECTION IN SAFE AND HALAL FOOD DISTRIBUTION Fifik Wiryani; Mokhammad Najih; Abdul Haris
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.1586

Abstract

As a Muslim majority country, it goes without saying that Indonesia protects the rights of Muslim consumers on risk free and halal food distribution. This doctrinal juridical approach aims to analyze the regulation of the safe and halal food consumers’ rights and their application to judicial decisions. The regulation of halal food distribution has provided a legal protection for the food consumers. The weakness of the regulation lies on the general criminal sanction without any specific minimum provision. A review of the court's verdict shows that the application of criminal sanction of the safe and halal food consumers’ rights violations is still inconsistent. This is an implication of the general criminal sanction which gives free space to law enforcement to apply minimum penalty. This condition causes potentially violated regulation by food business actors. Keywords: consumer protection, food distribution, judge's decision.
NEW CHALLENGES IN ASEAN REGIONAL MARKET: INTERNATIONAL TRADE FRAMEWORK ON HALAL STANDARD Eva Johan
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.809

Abstract

The use of non-tariff protection increased during 1980s. One of Non-tariff measures which have been deployed by countries is safety and health standards/technical specifications. In many Muslim countries, Halal standard has essential part in protecting consumer rights. National labeling laws must seek a balance between labeling requirements and certification to minimize barriers to the free trade. The problem is every nation has own Halal Standard. This could result trade dispute among parties since import product cannot enter local market based on different Halal Standard. This situation remains as non-tariff barriers to free trade. By capturing the differences of Halal Standard in some ASEAN countries, the result shows some challenges rise for ASEAN to create one unified Halal Standard framework in order to gain strong ASEAN single market in the future.  Keywords: non-tariff barriers, halal, standard, international trade.
ROLE OF VILLAGE CONSULTATIVE BOARD (BPD) IN VILLAGE ADMINISTRATION OF JANGGOLAN VILLAGES (Study in Sub-District of Sumpiuh Banyumas Region) kadar Pamuji; Abdul Aziz Nasihuddin; Riris Ardhanariswari; Supriyanto Supriyanto
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.1676

Abstract

Janggolan village is a village with limited locally generated revenue. In Sumpiuh sub-district there are 14 villages, 3 of which are the village of Janggolan. Village Fund Provision Policy in Law Number 6 Year 2014 on Villages affect on the performance of village apparatus and the quality of village community participation, while the Village Consultative Board (BPD) is expected to be an institution capable of playing role in village development. The problem is how the role of BPD in the implementation of Village Governance in the Janggolan village. The research was conducted by applying qualitative method with action research strategy. The results show that the Village Funds assisted the physical village development and work scheme but did not change the people attitude. BPD makes use of rembug warga (deliberation), selapanan (a traditional ceremony to commemorate a 35-day-old baby), and village meetings to accommodate aspirations and control the village. Yet they do not solve the village problems. The role of BPD in Janggolan village more focused on the absorption of people's aspirations. The internal constraints are low quality of members of BPD while the external constraints that BPD has not effectively performed. Keywords : deliberation, governance, societal participation. 
ADMINISTRATIVE SANCTIONS OF LICENCE VIOLATION IN THE FIELD OF PROTECTION AND ENVIRONMENTAL MANAGEMENT ON DISTRICT/ CITY IN CENTRAL JAVA PROVINCE Endah Pujiastuti; Dewi Tuti Muryati
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.604

Abstract

The Government of Indonesia has established policy to provide protection and environmental management. for the effectiveness of law enforcement, the government has a policy to supervise and give administrative sanction if there is a violation of licensing on the protection and management of the environment. This legal research analyzes policy on administrative sanctions against abuses of licensing protection and environmental management by using statute approach and qualitative analysis. Based on research result, it shows that the policy refers to the Law Number 32 of 2009 on the Protection and Environmental Management. For the implementation of the policy,  it will be published in accordance with the needs of each region in the form of local regulations which includes the administrative sanctions in the field of environmental protection and management. Keywords: administrative sanctions, environment, local government.
CAUSAL FACTORS OF DISHARMONY ISSUES ON LICENSING COASTAL RECLAMATION IN SAMPANG AND BANGKALAN REGENCIES Rina Yulianti; Mufarrijul Ikhwan
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.1477

Abstract

 This research is to investigate the contributing factors on the disharmony of licensing coastal reclamation in Sampang and Bangkalan Regencies. Socio legal research approach was used through indepth interviews and observations. The study was conducted in areas with reclamation activities and subsequently considering the relevant documents to analyze as the secondary data. The findings of this research demonstrate factors leading to disharmony of licensing coastal reclamation: the regional government of Sampang and Bangkalan regencies has not synchronized the reclamation policies with the presidential regulation. Reclamation in Sampang and Bangkalan are not based on the Presidential Regulations Number 122 Year 2012 on the Licensing Coastal Reclamation. The license of reclamation in Sampang should have been issued by district or provincial government instead of by the head of village. Reclamation license in Bangkalan should have been issued by the Ministry of Maritime Affairs and Fisheries because it is located in the National Strategic Areas. The fact, it was granted by the local government. Harmonization consequently becomes an important part to construct an integrative law for realizing central and local authority’s conformity in introducing the policy to control of coastal spatial utilization. Keywords: coastal, disharmony, licensing, reclamation.
HARMONIZATION OF PROTECTION PRINCIPLES OF MIGRAN WORKERS’ RIGHT TO HEALTH IN THE EFFORT OF ASEAN UNIVERSAL HEALTH COVERAGE IMPLEMENTATION Muhammad Asphian Arwin; Aktieva Tri Tjitrawati
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.1656

Abstract

Millions of workers migrate within ASEAN countries each year. Malaysia, Singapore, Thailand and Brunei Darussalam as recipient countries while Indonesia, Philippines, Thailand, Cambodia, Laos and Vietnam as senders of migrant workers. Migrants, who work in both formal and informal sectors, play important roles to increase national income for both sender and recipient countries, unfortunately, they lack of welfare distribution including health insurance by both countries. This research is aimed to find an alternative solution to the problem by proposing the concept of UHC implementation in ASEAN. In the context of ASEAN law, all ASEAN people could enjoy rights of health insurance from ASEAN countries. This research is a normative research, using conceptual and statute approach. The result of the analysis is expected to generate concepts which can be underlying the arrangement of public health insurance in ASEAN countries, subsequently, to be used as material for drafting the ASEAN UHC. Keywords: protection principle, migrant workers, health care
LAW HARMONIZATION ON HEIR RESPONSIBILITY OF PERSONAL GUARANTOR IN BANKRUPT COMPANY Lenny Nadriana
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.1469

Abstract

The heirs who are taken as bankruptcy debtor is based on the court's decision Article 1826 BW, as a result, the inheritance and their personal property shall be carried out as public confiscation under Article 1 paragraph 1 of the Bankruptcy Law. This research employs normative juridical research method. Public confiscation includes all of debtor’s wealth that will be bankruptcy boedel. Whereas Article 209 the Bankruptcy and PKPU Law stipulates the separation of inheritance boedel and personal property of the heirs. This disharmony among Article 1826 BW, Article 1100 BW, Article 209 Law of Bankruptcy and PKPU (debt postponement petition) require harmony through revision. The revision through bankruptcy law and PKPU comprehends liability limitation of heir as bankruptcy debtor to pay the debts as well as the separation of heir personal property and the inheritance.Keywords: law harmonization, heirs, personal guarantee. 
JUSTICE DIALOGUE IN THE PROCESS OF CRIMINAL JUSTICE Teguh Ujang Bureni
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.894

Abstract

Criminal justice upholds law and justice based on material truth revealed in justice dialogue. Nowadays, the verdict of criminal justice does not reveal material truth. It is strongly presumed that there are some problems in justice dialogue. This normative juridical research with philosophical and conceptual approach describes the problems of justice dialogue in the process of criminal justice. Justice dialogue happened in the case of Blasphemy by Ahok and the case of Cocoa Stealing by Mina. The implementation of justice dialogue today is not in line with the principles of dialogue such as doubtful assumptions, freedom to have dialogue, imbalance chance of dialogue, sufficient attention, and best idea acceptance. Dialogue principles are violated in the case of blasphemy like sufficient attention and best idea acceptance. In the case of cacao stealing, the breaking of dialogue principles is doubtful assumptions, freedom to have dialogue, sufficient attention, and best idea acceptance. As a result, law and justice enforcement in criminal justice is not based on material truth. Keywords: Dialogue Principles, Justice Dialogue, Criminal Justice.
OFFICIAL RESPONSIBILITY AND PERSONAL RESPONSIBILITY IN THE CONTEXT OF STATE FINANCIAL LOSS Hariyanto, H
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.1861

Abstract

State financial Management which raises state's financial losses shows that there is a separation between official responsibilities and personal responsibility. The limits for determining the distinction of personal responsibility and official responsibilities when there is a state financial loss are the presence of mens rea (inner attitude and malicious intent) and maladministration. National Audit Board Report (LHP BPK) is used to determine the transition of official responsibilities into personal responsibilities in relation to the findings of unlawful acts, misuse of authority, opportunities or means available to them due to position. This is in line with the objective of settling the financial losses of the state from the legal aspects of state administration which emphasize the restoration of state financial losses, although the penalty can be cumulative with criminal, civil and administrative penalties. Keywords:   state finance, official responsibilities and personal responsibility, mens rea, maladminis-tration

Page 1 of 2 | Total Record : 16

 1   2 

Filter by Year

2018 2018


Reset
Filter By Issues
All Issue Vol 23, No 3 (2023) Vol 23, No 2 (2023) Vol 23, No 1 (2023) Vol 22, No 3 (2022) Vol 22, No 2 (2022) Vol 22, No 1 (2022) Vol 21, No 3 (2021) Vol 21, No 2 (2021) Vol 21, No 1 (2021) Vol 20, No 2 (2020) Vol 20, No 1 (2020) Vol 19, No 3 (2019) Vol 19, No 2 (2019) Vol 19, No 1 (2019) Vol 18, No 3 (2018) Vol 18, No 2 (2018) Vol 18, No 1 (2018) Vol 17, No 3 (2017) Vol 17, No 2 (2017) Vol 17, No 1 (2017) Vol 16, No 3 (2016) Vol 16, No 2 (2016) Vol 16, No 1 (2016) Vol 15, No 3 (2015) Vol 15, No 2 (2015) Vol 15, No 1 (2015) Vol 14, No 3 (2014) Vol 14, No 3 (2014) Vol 14, No 2 (2014) Vol 14, No 1 (2014) Vol 13, No 3 (2013) Vol 13, No 2 (2013) Vol 13, No 1 (2013) Vol 12, No 3 (2012) Vol 12, No 2 (2012) Vol 12, No 1 (2012) Vol 11, No 3 (2011) Vol 11, No 2 (2011) Vol 11, No 1 (2011) Vol 11 (2011) Vol 10, No 3 (2010) Vol 10, No 2 (2010) Vol 10, No 1 (2010) Vol 9, No 3 (2009) Vol 9, No 2 (2009) Vol 9, No 1 (2009) Vol 8, No 3 (2008) Vol 8, No 2 (2008) Vol 8, No 1 (2008) More Issue