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 3 (2018)" : 16 Documents clear
THE POLITICS OF MINING LAW IN ENVIRONMENTAL LAW ENFORCEMENT SYSTEM IN REGIONAL AUTONOMY ERA afif syarif
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.1601

Abstract

The politics of mining law plays an important role in the management of mining business in the re-gion. In addition, local government have the authority in the environmental management to support the environmental laws enforced optimally in the area. The problem is, the politics of mining law affects the environmental law enforcement in the mineral and coal mining management. This condi-tion is an issue of the environmental law enforcement in the field of coal mining business in enfor-cing the regional autonomy. It seems that some of the central authorities are delegated to the re-gions by which the position of local chiefs becomes very powerful. Meanwhile, the application of le-gal norms in the environmental law enforcement is still ambiguous in terms that  the Minerba law does not clearly regulate the responsibility of administrative law and criminal law. This condition is caused by the change of centralized government system to be decentralized government system which then has implication on the environmental law enforcement in the field of coal mining in the region. Keywords: Mining; Environmental Law, Regional Autonomy.
DIVISION OF LAND SERVICES BASED ON LOCAL GOVERNMENT AUTHORITY Sri Winarsi; Sri Hajati; Oemar Moechthar
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.1892

Abstract

After the issuance of Law Number 23 Year 2014 jo. Law Number 9 Year 2015 on Regional Government, the affairs of local government in the field of land services, especially agriculture and plantations have shifted the authority of regulation which is different from the regulation in Law Number 32 Year 2004. The presence of the regional autonomy-based regulation had established the land agency in the provinces, districts/municipalities which were given authority to hold land affairs. Land affairs was originally the authority of the National Land Agency. These developments cause problems including overlapping authority. If the conflict is not well regulated, in legal perspective, it will emerge the problem of legal uncertainty while in management perspective, it causes inefficiency. Due to the shifting of this land affairs basis, it is necessary to harmonize the land affairs related to regional autonomy so that the authority overlapping is not done simultaneously between the central government and local government. The method used in this research is statute, conceptual and case approach. The research concluded to propose a model of improving land services in agriculture and plantation sectors between central and local government. Keywords: conflict of authority, land service, local government.
HEALING OR HURTING: DEVELOPMENT OF HIGHWAY PUBLIC TRANSPORTATION TECHNOLOGY Nurul Qamar; Aan Aswari
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.2144

Abstract

A collaboration of information technology with public transportation has brought an impact on the improvement of public service in terms of public transportation online due to the government incapability to provide good service. This study illustrates that there is an expectation to be built by the concept of law namely through a legal approach that serves as a cure from the perceived failure resulting from the lack of law in accommodating the needs of society for providing maximum service on public transport. Meanwhile, the emergence of regulations that provide the legality of an action in fact exacerbates the wound. This paper is not intended to reject the collaboration of technology. However, it may fail to cope with human needs but not in conjunction with new technology. In conclusion, the law should easily materialize its goal of public transportation innovation and becomes a healer from previous product failures. Keywords: technology, transportation, online, street 
LEGAL MALFUNCTIONS AND EFFORTS IN RECONSTRUCTING THE LEGAL SYSTEM SERVICE: A STATE ADMINISTRATIVE LAW PERSPECTIVE Agustina, Enny
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.2117

Abstract

Implementation of the state and its administration duties in a state of law recognizes written law in the constitution or the regulation as stated in the constitutional law. The constitutional law requires another law to implement technical issues, which is the state administrative law. This is a library re-search which aims to find out the malfunction of State Administrative Law as well as the attempt to reconstruct a solution for service law. To improve the given conditions, it requires reconstructing the legal system including legal structure, substance, and culture to change in the field of public service by restoring and providing service and to serve literally. Keywords: state administrative law, malfunctions.
IMPLICATIONS of ARTICLE 16 SECTION (3) OF 28 YEAR 2014 ON COPYRIGHT AS A FIDUSIA GUARANTEE OBJECT Budi Hermono
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.2352

Abstract

Article 16 section (3) of the Copyright Law which stated that copyright can be used as an object of fiduciary is revolutionary in Indonesian law. Copyright is an intangible movable object which has level of difficulty to assess its value. The value of objects is an important thing when it used as objects of fiduciary. The value is equivalent to that of the creditor (fiduciary recipient) will provide a sense of security for the creditor for returning their loan. The application of Article 16 section (3) of the Copyright Law has not been accompanied by an implementing regulation for financing institutions as fiduciary recipients, especially in the standard of assessment of the value of copyright proposed as an object of fiduciary. Financial Services Authority (OJK) needs to formulate regulations that provide copyright standardization used as objects of fiduciary to provide legal certainty for the creditor. Keywords: copyrights, fiduciary, object of fiduciary
A HIDDEN COST OF INDONESIA SINGLE RISK MANAGEMENT: SCRUTINY VIS A VIS SERVICES Ika Riswanti Putranti
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.2123

Abstract

Trade facilitation services faces two major challenges which serves as a scrutiny and service. Erosion of scrutiny functions will pose a threat to national security, for instance food safety, goods forgery, fraud, and other form of transnational crimes. While the erosion of service function will impede the flow of goods which lead to economic injury. This paper will analyze to what extent Indonesia Single Risk Management is able to reduce the hidden cost in scrutiny vis a vis service. This is a normative study and employing statute approach, conceptual approach, and comparative approach. The data analysis used descriptive qualitative method. This study finds that harmonization of the determination of risk values and risk indicators in each Ministry/Agency can be used to minimize or manage hidden cost within trade facilitation. Keywords: trade facilitation, risk management, service, scrutiny, hidden cost, customs.
REVITALIZATION OF ADAT LAW AS AN INSTRUMENT OF SOCIAL ENGINEERING IN CENTRAL SUMBA Umbu Rauta; Ari Siswanto
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.2177

Abstract

 This study focuses on the use of adat law as an instrument to influence the community’s behaviors in Central Sumba, particularly those concerning the performance of traditional ceremonies. Since the social cost required to perform the ceremonies could be very high and has been regarded as one of the impetus that drives poverty in the society, there was a demand to change the practice which is regarded as a reflection of wasteful lifestyle. The main issue discussed in this study is whether adat law could be used as a tool of social engineering to change the unwanted wasteful lifestyle. This study revealed that since adat norms are still strongly held in the community, adat law could be used as an instrument to change behaviors. Social engineering measures were taken by utilizing adat law to change the prodigal behavior in the form of the declaration of the Three Moral Move-ments. Keywords: adat law, Central Sumba, social engineering, traditional rites
APPLICATION OF DIVERSION PENAL MEDIATION ON SEXUAL VIOLENCE CASES TO REALIZE CHILD PROTECTION FOR VICTIMS OF SEXUAL VIOLENCE Setya Wahyudi; A Angkasa
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.1704

Abstract

Diversion is the granting of the authority of law enforcers to transfer the settlement of Child cases from the criminal justice process to the criminal justice process, with the aim of achieving peace between the victim and the child who commits a crime. This research is to find out about: how to apply diversion to cases of sexual violence against children, and whether diversion penal mediation can be applied to cases of sexual violence to realize the protection of children victims of sexual violence. Based on research in Central Java, barriers to the application of diversion system are from legislative factors, structural factors as well as community legal cultural factors. Along with the application of reasoning mediation diversion, these obstacles can be avoided. The application of the diversion penal mediation as a means to protect children of perpetrators and children of victims of child sexual violence. In the future there needs to be a willingness and courage for child law enforcers, to apply the diversion penal mediation to cases of child sexual violence Keyword: diversion, penal mediation, sexual violence
CONTESTATION OF THE EFFICIENCY AND EFFECTIVENESS PRINCIPLES ON THE LOCAL REGULATIONS TOWARD THE COMMUNITY PROTECTION Muammar Arafat Yusmad
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.1851

Abstract

The sustainable national law development is expected to guarantee people’s need on the legislation which protects the community. Local Regulation (Perda) has a strategic position as an instrument of the regional autonomy implementation in terms of national development decentralization. The Re-gional regulation formulation must observe the principles of good legislation including the principle of efficiency and effectiveness. The research focuses on the form of contestation between the principles of efficiency and effectiveness on a Regional regulation for community protection. The problems are analyzed by applying the theory of law enactment. From the analysis, it shows that the legal arguments include: The occurrence of contestation between the principles of efficiency and effectiveness on the Perda enactment is caused by the absence of community protection as stated in Regional regulation; The principles contestation in Perda results in conflict between legal norms and legislation. Keywords:  efficiency and effectiveness, contestation, protection
THE DISPUTE SETTLEMENT OF GOVERNMENTAL CONSTRUCTION WITH FOREIGN BUSINESS ENTITIES IN A CONTRACT OF CONSTRUCTION INFRASTUCTURE SUPPLY Peni Jati Setyowati; Y Sogar Simamora
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.2264

Abstract

Infrastructure is important and substantial in economic development in Indonesia. The limitations of state revenue to build new infrastructure oblige the government to utilize and fabricate the combination of funding sources in giving public service corporate to foreign entities. This paper dis-cusses the dispute over the Completion of the Construction Contract between the Government and Foreign Parties. The research method used is normative legal research and through a conceptual approach, legislation. The complex implementation of the construction infrastructure supply contract has to be minimized to avoid claiming construction which leads to construction dispute. The issue of Regulation of Indonesia Number 2 Year 2017 on Construction Service has arranged the regulation of construction dispute settlement. According to Article 47, one of the dispute settlements of construction is Dispute Board. There is a legal vacuum in the implementation of its construction service regulation proven by the absence of advanced regulation on the form and procedure of Dispute Board.  Keywords: dispute settlement, construction contract, dispute board

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