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INDONESIA
Jurnal Dinamika Hukum
ISSN : 14100797     EISSN : 24076562     DOI : -
Core Subject : Social,
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 10 Documents
Search results for , issue "Vol 8, No 2 (2008)" : 10 Documents clear
PERUMUSAN KETENTUAN PIDANA DALAM PEMBENTUKAN PERATURAN DAERAH (Studi di Kabupaten Purbalingga) Muhammad Fauzan; Djumadi Djumadi; Riris Ardhanariswari
Jurnal Dinamika Hukum Vol 8, No 2 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.2.60

Abstract

Article 143 section (2) Law Number 32 Years 2004 concerning Local Government contending that by law can load six-month coop crime threat at longest or maximun Rp. 50.000.000,00 ( fifty million rupiah). While in section ( 3) the law give authority to local goverment to load the crime in the out off the this regulation. This regulation by itself give authority at local government to specify crime threat or maximal penalty. Even give crime threat besides the crime serve a sentence and penalty. The Result this research that in the reality Rule of Crime in Local Regulation in Purbalingga still not yet applied the mentioned, is even found also not clear of arrangement of rule of crime in Local Regulation Sub-Province of Purbalingga, like: boundary inexistence upper and lower in rule of crime, there is no him clarity of qualifikasi glare at alternative, or cumulative or alternatif-cumulatif, there is no him rule of attempt penalization. What for the reason this research give recommendation for this local regulation. Kata kunci: Local Government, Rule of Crime, Local Regulation
INTERPRETASI HAKIM, PENGACARA DAN NOTARIS TERHADAP KONSEP HARTA BERSAMA MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DI KABUPATEN BANYUMAS (Studi Tentang Kriteria yang Digunakan dalam Mengkualifikasi Harta Bersama) Trusto Subekti
Jurnal Dinamika Hukum Vol 8, No 2 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.2.41

Abstract

A marriage always have legal consequences, especially in marriage good together.  Every regulation of that law have the character of abstraction and passive, hence to comprehend content and intention something section in law have to use appliance is so called interprestasi (interpretation method), result of perception (observasi) whereas studied law and regulation, that is as sources of law. This research have the character of research of law with approach of empirical juridis and research type the used is bibliography (research library) field (field of research) to obtain direct explanation of subjek in this research, that is Judges, Lawyers, and Notaries in Sub-Province of Banyumas. Pursuant to research result obtained from 12 (twelve) method interpretation of which can utilized to comprehend community property concept according to article 35 point (1) Act No.l, 1974, in the reality utilized by all law practitioners, only 2 (two) interpretation method, that is interpretation of language 47 (54,65%) and systematic interpretation 29 (45,35%). And result of interpretation inventariasi all practitioners punish to regarding criterion used to determine kualification an object of included in community property from 23 interpretation object item obtained 7 (seven) criterion, as follows: obtained estae during marriage, result of management with diving marriage, production during marriage, earnings during marriage, purchasing during marriage, result of from heritage obtained during marriage, transformation of heritage during marriage. Hence require to be given clear formula pass law and regulation and properly there are same understanding to all practitioners punish to regarding criterion to determine something object of kualification as personal estae or community property, to be society not be bewildered caused by interpretation which different each other. Kata Kunci : Interpretasi, kriteria, konsep harta bersama, hakim pengacara, notaris
TINJAUAN FILOSOFIS UNDANG-UNDANG NOMOR 1 TAHUN 1974 Tri Lisiani Prihatinah
Jurnal Dinamika Hukum Vol 8, No 2 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.2.61

Abstract

In the globalization era, there is less respect to the marriage institution due to the influence from different concepts of marriages from different countries. In the Indonesian context, one of the reasons comes from misunderstanding towards the nature of family law i.e. Marriage Law Number 1 Year 1974. Better understanding for all Indonesian to the law from phylosophical point of view is an essential effort to achieve the goal of marriage itself. A specific analysis has been given to the aspects of onthology, epistemology and actiology.  Kata kunci: filsafat, UU Perkawinan, Indonesia
PENERAPAN PASAL 4 UNDANG-UNDANG NO.8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN PADA JASA PENGIRIMAN DOKUMEN DI PT. KERTA GAYA PUSAKA PERWAKILAN PURWOKERTO Rochani Urip Salami; I Ketut Karmi Nurjaya; Krisnhoe Kartika
Jurnal Dinamika Hukum Vol 8, No 2 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.2.57

Abstract

Nowadays, the issue of consumer protection in Indonesia has encompassed various fields of social life, nd without any exemption, the isuue of transportation is include thereof. Transportation is one of the factor that able to determine the succes of state’s economic. Transportation is executable through land, air and water. One of the forms of services in land transportation is the transport of package in Purwokerto that run the area of document. This research usesd the method of normative approach, eith the intention to conclude the legal protection toward the consumer of PT Kerta Gaya Pustaka package transport service branch in Purwokerto, considering that PT Kerta Gaya Pustaka is one of the parties in the world of bussiness that has obligations to perform its bussiness in conformity with the principles and provisions in the consumer protection act (UUPK) as well as possible and with liabilities. Kata Kunci : Perlindungan Konsumen, jasa Pengiriman dokumen
EKSEPSI PLURIUM LITIS CONSORTIUM (Studi Terhadap Putusan Pengadilan Tinggi Semarang No. 401/Pdt/2002/PT. Smg jo. Putusan Pengadilan Negeri Purwokerto No.41/Pdt.G/2000/PN.Pwt) Siti Muflichah; Trusto Subekti; Haedah Faradz
Jurnal Dinamika Hukum Vol 8, No 2 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.2.48

Abstract

In the civil jurisdiction, truth searched is the formal truth. This matter of course different from the criminal justice, where truth searched is material truth. Searching the formal truth, meaning that judge may not be abysmal of boundary that raised by the parties. This matter contain the congeniality, that verification process is  not see at wight or content, but to wide of case scope or dispute that raised by the parties. In this case judge have the passive character. in civil jurisdiction, truth searched  is a truth that relying on  formal verification. The Judge decision shall contain the rule of law element, justice and benefit. For the reason judge have to  careful, goodness in making draft of decision and also decision intake later. In Case No. 401/ Pdt / 2002 / PT. Smg, The Judge of High Court  of middle of Java made the decision by strengthening decision of District Court of Purwokerto in case  No. 41/Pdt.G/2000/PN Pwt. This Judge Decision represent an example of careless of the judge in make decision. exception of the lack of party had refused. Therefore, judge have to consider this matter in its decision. Therefore, judge have to consider this matter in its decision. This matter of course relative harm the plaintiff, because if suing is not accepted, plaintiff can improve/ repair its suing or make a lawsuit to the court newly again. But refusedly of suing make the plaintiff cannot improve/ repair its suing or make the new suing again. finally, the decision which is not careful will not fulfill the rule of law elements, justice and benefit. Kata kunci: kebenaran formil, penggugat, tergugat, turut tergugat, syarat formil gugatan
KEBIJAKAN PENGUSAHA YANG MENIMBULKAN KETIDAKADILAN GENDER TERHADAP BURUH PEREMPUAN DI PT DIDACHI TANGERANG Abdul Aziz Nasihuddin; Dody Nur Andriyan; Dewi Chusna Indriasari
Jurnal Dinamika Hukum Vol 8, No 2 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.2.38

Abstract

The regulation of Industrial affair between women labour with company or entrepreneur, contain in Law Number 13 Year 2003 concerning Labour, and the regulation that protect women labour contain in Law Number 7 Year 1984 concerning Convention Of The Elimination Of All Forms Of Discrimation Against Women. But in the reality, there are many problems in the labour environment. Especially, if it concerning the unfairness of gender for the women, like the case in PT. DIDACHI, Tangerang.  In this research, revealed about the entrepreneur policy that not only againts the regulation, but also in gender perspective they do the unfairness of gender in the term of behavior and policy. The labeling and the wrong interpretation about gender cause many policy that make the unfairness condition for the women labour in PT. DIDACHI, Tangerang. Kata kunci: Gender, interpretation of gender, unfairness of gender, women labour,  entrepreneur, company.
PROSES PENYELESAIAN SENGKETA PERDATA DI PENGADILAN NEGERI DALAM KAITANNYA DENGAN TRANSAKSI YANG MENGGUNAKAN INTERNET Sanyoto Sanyoto; Antonius Sidik Maryono; Rahadi Wasi Bintoro
Jurnal Dinamika Hukum Vol 8, No 2 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.2.44

Abstract

The growth of technological Progress make the change of pattern in  the socialize human life, and it can conduct the economic activity in the local scale, regional and also global. In the individual assocciation by using internet technology will take the relation pattern between individual which it is unlike what that happened in the real world. By the existence of internet, contractual terms between subject of law and each other without meeting (face to face), even it is enabled for subject of law not to recognizing each other. During the people conducting activity in the illusory world, especially in the private law, like commerce, agreement and also banking activity, it is enabled to take a problems such as performed in the conventional private relationship. If the consumer internet in the private activity feel their private rights are impinged and they are wish to claim their rights, so there is civil conflict.  The relationship between the individual in the transaction using internet not yet arrange peculiarly in law and regulation. But judge have to find the law and also create the law if he confronted with a dispute in the transaction using internet. Kata kunci : hakim, hukum, internet, perdagangan elektronik, tanda tangan digital
PENGATURAN TENTANG HAK ASASI MANUSIA BERDASARKAN UNDANG-UNDANG DASAR 1945 SEBELUM DAN SETELAH AMANDEMEN Tenang Haryanto; Johannes Suhardjana; A. Komari A. Komari; Muhammad Fauzan; Manunggal Kusuma Wardaya
Jurnal Dinamika Hukum Vol 8, No 2 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.2.54

Abstract

The end of the government of Orde Baru that tends to be more authoritharian has emerged the transformation almost in all government hierarchy. The most important transformation is in the material contains or substantive of 1945 constitution, whether material that has been erased, revised or new material. Material contain of the 1945 constitution is the result of the amendment such as the Human Right.  The regulation about human right before amendment 1945 constitution regulated as right and duty of the republic citizen in Indonesia that contains the values of human right and regulated in the article 27 to article 34. The regulation of human right after amendment of 1945 constitution regulated in article 28A to 28J.  The regulation about the human right based on the Law Number 39 Year 1999 concerning the Human Right. It explain there is no right in Indonesia that has the absolute power and unlimited. Human Right is not the right that has the absolute characteristic. In the implementation, its limited by the right, morale, security and order of other people. Because of that,  in the human right also known the existence of human right duty. Moreover, the implementation of the human right has been regulated in the 1945 Constitution. Kata Kunci : Hak Asasi manusia, Amandemen UUD 1945
TUNTUTAN DWANGSOM DALAM SENGKETA PEMILIKAN TANAH (Studi Terhadap Permohonan Kasasi yang Dikabulkan pada Putusan Mahkamah Agung No. 1429K/Pdt/2006) Sanyoto Sanyoto; Ziad Ziad; Antonius Sidik Maryono; Desy Perdani Yuris
Jurnal Dinamika Hukum Vol 8, No 2 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.2.50

Abstract

Plaintiff that feels disadvantage because the rights impinged in the rule of procedure of civil law he or she can file a main claim by accompanied with addition claim. One of addition claim which can be asked plaintiff is to be sued punished to pray force money (dwangsom) every day to the negligence fulfilling justice decision.  Rule of dwangsom there is in section 606 RV which in practice jurisdiction still applying where dwangsom is pressure tool which psychologically the side of sued to be defeated soon will fulfill main punishment in content of judge decision having the character of condemnatory which is not punishment of payment of money but in the form or real execution or realization as soon as possible.  In decision of Mahkamah Agung No 1429 K/Pdt/2006 Plaintiff bringing a lawsuit to the court on the basis of property to land mastered by opponent is againts the law which the main claim is she or he expressed as valid owner to dispute object and express deed is sued has done deed to fight against law that is mastering disputed site without legal right and surrender claim of land with a width of 744 m2 any unconditional and force money (dwangswom) equal to 100.000, per day since decision obtains permanent legal force. Initially in first level of court (P.N. MALANG) Plaintiff claim is refused, then plaintiff submits effort of appeal law to P.T. Surabaya. On the basis of the matter is plaintiff applies cassation to Mahkamah Agung and granted because subordinate court has wrong applies law.   Key word: dwangsom, final punishment, mahkamah agung
KEJAHATAN ALIENATIF H e r m a n s y a h H e r m a n s y a h
Jurnal Dinamika Hukum Vol 8, No 2 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.2.40

Abstract

The exictency of state of law in social life is certainly and its clear that impact of all our live, these conditions, of course, are able to impact on our life, likely, ideology, economy, cultural and social life. Moreover, are eliminated of lacal law that there are along ago. And then, sometime, appeared resistance from community where the local law become their way of life. This condition, are able to say that “eliminated crime” are accoured. Kata kunci: state of law, local law and eliminated crime.

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