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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.
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Articles 13 Documents
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Search results for , issue "Vol 23, No 1 (2023)" : 13 Documents clear
Political Law Interpretation on President’s Refusal to Sign an Approved Bill with the House of Representatives Fernando Hasiholan Manalu; Retno Saraswati; Devi Yulida
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.3267

Abstract

Signing by the President is one of the stages in the formation of a law. The constitutional facts show that the President has several times not signed draft a bill that has been mutually agreed upon.  The author is interested in discussing: The practice of the President not signing draft laws that have been approved with the House of Representatives. Second; political law interpretation on the President's actions not sign for draft law that is agreed with the House of Representatives.  This paper uses a normative juridical approach with a statutory and conceptual approach and is then analyzed deductively. The results obtained are that several laws were passed without the President's approval, which are then analyzed from grammatical, historical, comparative, structural and theological interpretations. On this issue, the authors suggest that there be an agreement in the persona of the President, as well as the President's clear reasons for refusing to sign the bill.Keywords: Bills; House of Representatives; Presidents; Signing by the President
Hospital Dispute Settlement Through the Provincial Hospital Supervisory Board in Indonesian Health Law (A Study in Yogyakarta Province) Nayla Alawiya; Nurani Ajeng Tri Utami; Ulil Afwa
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.2351

Abstract

Hospitals as health service institutions with legal entities are places that are prone to disputes. Article 60 Law no. 44 of 2009 assigned the Provincial Hospital Supervisory Board to receive complaints and make efforts to resolve disputes employing mediation. An analysis of the forms of hospital disputes and their settlement model through the Provincial Hospital Supervisory Board is very important to be done to avoid misinterpretation and provide legal certainty about who is the authorized party to handle them. The research method used was normative juridical and empirical juridical. The results of this study are to obtain an analysis of the forms of complaints that can be submitted to the Provincial Hospital Supervisory Board including disputes over hospitals as health service facilities where medical personnel and health workers provide health services that are detrimental to patients; disputes between the hospital as a health service facility and the patient as the recipient of health services related to the implementation of the obligations of both parties; disputes between the hospital as a legal entity and the hospital workforce related to internal management; the disputes between hospital as a legal entity and the third parties related to non-medical cooperation; the disputes between hospital as a legal entity and the environment. The hospital dispute resolution model implemented by the Provincial Hospital Supervisory Board of Yogyakarta includes the hospital dispute resolution model by the Provincial Hospital Supervisory Board in collaboration with hospitals, the Hospital Supervisory Board, Provincial Health Office, Provincial Legal Representatives (Ombudsman), YLKI, and PERSI.Keywords: Provincial Hospital Supervisory Board, Disputes Form, Dispute Settlement Model.
Marine Pollution by State-Owned Companies in Offshore Areas Reviewed Based on the 1982 UNCLOS (Case Study: Oil Spill by PT Pertamina in Offshore Area of North Karawang) Danial Danial; Belardo Prasetya Mega Jaya; Febi Sasti Rahayu
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.3326

Abstract

On July 12 2019, there was a pipe leak and a gas bubble oil spill belonging to PT Pertamina. PT Pertamina's pipeline leak in Karawang waters which has an impact from the oil spill threatens the ecosystem and the people around Karawang waters. Marine pollution cannot be seen only as a problem that occurs in the sea, because the oceans and land are an ecosystem unit that cannot be separated and are affected by one another. As a result of this incident, a problem arose regarding PT Pertamina's legal liability due to a pipe leak that caused marine pollution in Karawang waters. This research uses the normative juridical method. The purpose of this research is to find out the regulation of marine pollution actions carried out by PT Pertamina in the offshore area and to analyze the form of accountability. The results of the study can be concluded, firstly, that the regulation of marine pollution actions based on UNCLOS 1982 is contained in Articles 192, 194, 195, 196 and Law Number 32 of 2009 concerning Environmental Protection and Management. Secondly, in the form of liability for marine environmental pollution as a result of PT Pertamina's oil spill, there are three legal responsibilities (administrative liability, civil liability, and criminal liability).Keywords: Marine Pollution, Oil Spills, Accountability, UNCLOS 1982.
Citizen Guarantees in Determining National Leaders Through Elections and Democratic Integrity Dewi Iriani; Muhammad Fauzan; Sri Hastuti Puspitasari; Arief Budiono
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.3231

Abstract

Indonesia held presidential, regional head, and legislative elections (elections) in 2019. Many Indonesians are apathetic towards elections. The problems in this research are: How can citizens guarantee their right to determine regional leaders through elections and what obstacles do citizens face in choosing democratic leaders who have integrity? This is normative legal research conducted by tracing the regulations related to the problem under study. Citizen guarantees in determining regional leaders through elections are regulated in Law no. 39 of 1999 concerning Human Rights, Article 23 paragraph (1); Article 43 paragraph (1); Article 1, paragraph 3); Articles 28D, E, and J of the 1945 Constitution; and Law no. 7 of 2017 concerning Elections.Keywords: Democracy, Guaranteed Elections, Regional Leaders, Citizens.
The Failure in the Coincidence of Indigenism and Nationalism in the Recognition of Indigenous Villages Hari Purwadi; Arief Suryono; Siti Muslimah
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.2420

Abstract

This article aims to analyse the challenges of legal functionality as an instrument for transforming indigenous villages from ‘traditional’ to ‘modern.’ This is a post-new-order historical impetus for the coincidence of indigenous and nationalism as a sign of the resurgence of indigenous peoples. In the context of the legal function for social change, the Village Law creates a large gap between traditional and modern villages. This paper is based on the research with the paradigm of law in context and can be categorized as socio-legal research, which perceives law from an interdisciplinary perspective. The results indicate that under the umbrella of the Village Law, the existing legal frameworks fail to achieve the regulatory objectives. Indigenous people's diverse and complex structure throughout Indonesia appears to be less considered. Thus, the laws do not sufficiently stimulate change through the modern indigenous village model.Keywords: indigenous village; legal function; indigenism; indigenous people; nationalism.
Application of Restorative Justice in Health Crime Dwi Hapsari Retnaningrum; Setya Wahyudi; Budiyono Budiyono; Norcha Satria Adi Nugroho
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.3207

Abstract

Health sectors covers wide range of criminal acts, including medical malpractice, circulation of illegal drug, pharmacy and prescription drug fraud, and hospital unprofessionalism. The Number of victims due to crimes in health sector is far more than what it appears to be. An example of crimes within the health sectors is medical malpractice. Malpractice is a bad practice. Restorative justice as new approach offers a solution to criminal cases that focus more on the recovery rather than vengeance. Therefore, the issue that need to be discuss is whether health crimes equate to medical malpractice and how should the application of restorative justice be applied to criminal acts in health sectors. One of the main reasons to implement restorative justice is because the victim as the party who is most harmed and suffers, is in fact generally being abandoned in criminal justice system. The care and protection given to the victim felt not yet adequate especially if the aim is to restore the victim’s suffering. This study shows that health crimes does not equate to medical malpractice because as the name suggested medical malpractice entail a profession. However, criminal acts can be committed by anyone. The application of restorative justice should be applied to cases in health sectors that involve negligence and not cases based on intent. The application of restorative justice can be beneficial to perpetrators, victims, and society. Keywords: restorative justice, malpractice, health crime 
Comparative Presidential's Role, Systems and Constitutional Practice Between Indonesia and South Korea Dwi Putri Cahyawati; Ibnu Sina Chandranegara; Nizam Burhanuddin; Ahmad Yani
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.3521

Abstract

Indonesia and South Korea are two countries that both use a presidential system. This indicates that the two countries have something in common, especially regarding presidential institutions. But if we dive deeper, there are also differences between the two countries. But if you dive deeper, there are also differences between the two countries. This research has two research questions. What is the similarity between the presidential system in Indonesia and South Korea, and what are the differences between them. The results of the study found that although both use the presidential system of government, such a thing does not guarantee the equality of the position of the presidential institution in each country. In constitutional practice, there are variants of similarities and differences.
Taking Over Consumptive Loans Without Collateral: (Research Study on Bank Syariah Mandiri Lhokseumawe) Faisal Faisal; Riki Maulana; Sulaiman Sulaiman; Siti Kunarti
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.3392

Abstract

The title of this research is taking over consumptive loans without collateral; (research study on Bank Syariah Mandiri Lhokseumawe). The approach method used is a qualitative descriptive approach. The results of the study, the implementation of the takeover of Multipurpose Micro credit of Bank Mandiri to Multipurpose financing of Bank Syariah Mandiri (BSM) by using a murabahah financing contract carried out by BSM Lhokseumawe Branch did not meet the pillars and contract requirements stipulated in the Sharia Economic Law Compilation. In the credit conversion process, it prioritizes the benefit aspect, namely leaving the disadvantages of the interest-based banking system towards the benefit of financing in Islamic banks in accordance with sharia principles. Expecting the importance of fulfilling sharia principles in the process of taking over credit without collateral from conventional banking into sharia banking products, the DSN-MUI needs to issue a fatwa to regulate the conversion of credit without collateral from conventional banking into sharia banking products.Keywords: consumer credit; financing; Islamic law, murabahah; sharia financial institution qanun.
Maladministration In Land Acquisition Of Public Interest (Case Study: Solo-Yogyakarta Highway Project) Sudjito Sudjito
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.3436

Abstract

This study aims to analyze the maladministration of land acquisition for the public interest (Case study: Solo-Yogyakarta Toll Road). This type of research is juridical-normative. The nature of the research: descriptive-qualitative, meaning that it provides an overview of the problem/object being studied. The data studied were limited to secondary data. Sources of data: documents, archives, previous research results, and other validated sources. Data analysis was carried out through the following stages: data reduction, data display, data processing, and data meaning. Conclusions are drawn inductively. The results of the study show: (1). It is true that there has been maladministration in land acquisition. The committee has carried out deceitful practice, namely the practice of lying or being dishonest to the public regarding the contents of the regulation, as well as the assessment of compensation; (2). In the practice of providing compensation for non-physical components, it is not discussed, and is not taken into account, so that the amount of compensation is low; (3). The former holders of land rights feel very disadvantaged because non-physical compensation which includes: moving costs, solatium, PPAT fees, BPHTB fees, and waiting interest expenses, are not taken into account. In fact, these costs are the rights of the people affected by the land acquisition. In order to buy replacement land or move, they had to pay for it themselves.Keywords: Maladministration, compensation, land acquisition
Green Tourism In Sustainable Tourism Development in Bali Based On Local Wisdom Anak Agung Sagung Laksmi Dewi; Mella Ismelina Farma Rahayu; Anak Agung Ngurah Adhi Wibisana
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.3489

Abstract

Abstract The emergence of tourism as a major industry is one of the most remarkable changes that have occurred in global economic activity. Over the last three decades, issues related to the environment and sustainable development related to tourism, especially in Bali, have developed from a marginal topic into a focus of consideration and research. The purpose of this research is to find a novelty in the use of the concept of green tourism as a method that is seen as capable of supporting sustainable tourism development based on local wisdom, especially in Bali. The research used is normative legal research on Law no. 10 of 200b concerning Tourism with a statutory and conceptual approach. This study found that various statutory regulations, including Law no. 10 of 2009 concerning Tourism, namely through sustainable tourism all resources can be managed so as to meet needs and maintain cultural integrity, ecological dimension biodiversity, and system life.Keywords: Bali; Green Tourism; Sustainable Tourism; Local Wisdom. 

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