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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.
Arjuna Subject : -
Articles 516 Documents
THE IMPLEMENTATION OF INHERITANCE BASED ON THE TRIBE OF KAILI LEDO AND ISLAMIC INHERITANCE LAWS Luawo, Fipy Rizky Amalia; Amalia, Haswida
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2525

Abstract

Law is an inherent part of Indonesian society, which does not only national law but also customary law. One of the customary laws in Indonesia is the Kaili customary law. Kaili customary law is only applicable to specific communities. Whereas Islamic law applies broadly to all Muslims. One of them is in the field of inheritance law. From many disputes that occur in inheritance law, the distribution of heritage in inheritance law has always been a major problem that occurs in society, both in Kaili's customary inheritance and Islamic inheritance laws. It is interesting to find out more that each of the rules has different dispute resolution where Kaili?s customary inheritance law trusts Totua nu ada as a person who has the capability to distribute the heritage. This study was conducted by the Conceptual and Comparative Approach. In conclusion, Kaili indigenous community, are familiar with customary institutions, and, in Islamic law, they have the Religious Courts to resolve their inheritance disputes. Keywords: Customary Inheritance law, Islamic Law, Division of inheritance
CRIMINAL SANCTIONS FOR INSIDER TRADING: COMPARISON WITH SINGAPORE Azizah, Ainul
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2405

Abstract

Insider trading is one of the crimes in the capital market that causes a lot of material loss to the victim. Such a large loss has caused fears of investors to trade on the capital market in Indonesia. For this reason, the government is trying to prevent insider trading, the government has made a Capital Market Law, but this is not enough. For this reason, policies need to be made relating to criminal sanctions for perpretators insider trading in the future. The research method used is the normative legal research method. With a conceptual approach, comparison and Law. The legal issues that will be examined are the legal and philosophical foundations of criminal sanctions for perpetrators insider trading and criminal law policies relating to criminal sanctions for perpetrators insider trading in the future? The result is a legal basis for criminal sanctions for perpetrators insider trading is to provide a deterrent effect to the perpetrators so that it does not happen again and protect the public from insider trading. Policies relating to criminal sanctions for perpetrators insider trading are the use of schikking in resolving insider trading and by using non-litigation methods.Keyword : criminal sanctions; insider trading; comparison. 
RECONSTRUCTION OF CASTRATION SANCTION FORMULATION IN THE PERSPECTIVE OF INDONESIAN CRIMINAL LAW RENEWAL Fajrin, Yaris Adhial; triwijaya, ach faisol
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2469

Abstract

The development of crimes should be balanced by the development of criminal law-oriented policies protecting society. The castration sanction policy as a government reaction on the rise of sexual violence against children has a negative side in its establishment. The research method used in this research was normative juridical research that examined the rules or norms in positive law to find the truth based on the legal scholarly logic of the normative side. The results of research obtained were, firstly, the existence of the castration sanction based on ius constitutum did not reflect the essence of punishment so that the offenders repented, and it only aimed to arrest the offender and focused on the dehumanization potential of the offenders. Since the reality of sex crime in Indonesia was seen as an alarming phenomenon, the existence of this castration sanction was not immediately abolished from the criminal law of Indonesia in the future. Secondly, the existence of the castration sanction is still needed as long as it is positioned as a specific action and alternative to aggravated sex offenders.Keywords: Castration, Crime, Criminal law renewal, Criminal law.
THE LEGALITY OF MARRIAGE ACCORDING TO CUSTOMARY, RELIGION AND STATE LAWS: IMPACTS ON MARRIED COUPLES AND CHILDREN IN MANGGARAI Lon, Yohanes S
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2429

Abstract

This study explores the complexity of marriage for people in Manggarai. Since they are citizens of the cultural community of Manggarai, Indonesian citizens, and members of a Catholic community, their marriage is required to follow the provisions of customary law, religious law, and state law. Using a library and ethnographic approaches, the study compares these laws on the legality of marriage and analyzes their differences and the impacts on the rights and obligations of married couples and children born to the couple. The study discovered that the differences in the provisions regarding the validity of a marriage between the three laws have provided space for the emergence of legal uncertainty and discriminatory treatment of customary marriages which are not legalized by religious law and state law as well as marriages that are divorced civilly but are still valid according to Catholic rules. Such a phenomenon is certainly a portrait of failure or incompetence in the attempt to unify marriage law in Indonesia through Law No. 1 of 1974 concerning Marriage. So it is urgent to have a more comprehensive new law that accommodates the wisdom of local customary law and provides protection for every citizen
EFFORTS TO ACHIEVE LEGAL JUSTICE IN SOCIAL CONFLICT RESOLUTION IN REGISTER 45 MESUJI LAMPUNG Seregig, I Ketut
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2586

Abstract

This research focuses on efforts to provide solutions in resolving social conflicts that occur between the community and the company PT Silva Inhutani at Register 45 in Mesuji Lampung, which has been running for 14 years (2005-2019), but within that period there has not been a comprehensive settlement. This article is one of the solutions in realizing legal justice so that social conflicts in the Register 45 Mesuji Lampung do not cause futile casualties. We also found that monopolistic practices were carried out by the company in implementing the partnership policy issued by the government and the practice of intimidation by the company using thugs to ban and evict land that was worked on by the community at the Register 45 Mesuji Lampung. Some of the most successful references in resolving social conflicts found by journal authors, they are Pham Huu Ty et al (2013), Rafael Reuveny et al (2007), Franks et al (2014), Ismael Rafols et al (2012), Buijs et al. (2012) 2013), Lambin et al (2001) and Pauline E. Piters (2004), whose research was carried out in countries; Vietnam, Latin America, England and Africa. The approach used in resolving social conflicts is the "legal justice" approach between the community and the company.Keywords: Solution, Social Conflict, Register Land, societies, company.
FUNCTIONALIZATION OF E-COURT SYSTEM IN ERADICATING JUDICIAL CORRUPTION AT THE LEVEL OF ADMINISTRATIVE MANAGEMENT Iqbal, Muhamad Iqbal; Susanto, Susanto; Sutoro, Moh
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2510

Abstract

This study aims to determine the effectiveness of the implementation of E-Court to eradicate the activities of judicial corruption. Corruption in the administration sector is closely related to the relationship between justice seekers and court administration staff. The problems raised in this study are how functionalization of E-Court in eradicating judicial corruption in administrative management of cases in the courts in JABODETABEK and how to reform the management of administrative court in the future. This study uses an empirical method approach with descriptive analytical research specifications. This is because this research seeks to illustrate the facts of the effectiveness of the e-court system in eradicating corruption in the court administrative management sector. This concept of public service must be well understood by the judiciary. The functionalization of e-court is considered not optimal since many justice seekers do not know the existence and usefulness of the system. It is expected that the e-court system will support the establishment of the principle of quick, simple and low cost justice in the administrative management of cases. Keywords: E-Court, Court Administrative System, Corruption
THE IMPACT OF INDONESIAN LAW NO. 6/2014 ON WOMEN’S POLITICAL PARTICIPATION IN THE POLITICS OF KELURAHAN: A STUDY ON KELURAHAN’S COMMUNITY EMPOWERMENT INSTITUTION (LPMK) IN SALATIGA, INDONESIA Purwanti, Ani; Wijaningsih, Dyah; Setiawan, Fajar Ahmad
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2546

Abstract

In Indonesia, decentralization and democratization have prompted the issue of women?s representation to be brought upon local and small-scale communities. One of the examples is the Indonesian Law No.6/2014 (the Village Act) in which the affirmative action for women?s participation is mandated in village?s representative body. Later, the same action is implemented in the urban counterpart to village?s rural that is Kelurahan, with the same Act ?mutatis mutandis-. This article explores the implementation of Law No. 6/2014?s affirmative action to the kelurahan?s representative body, the Community Empowerment Institution or Lembaga Pemberdayaan Masyarakat Kelurahan (LPMK) in Salatiga. Acknowledging that there are fundamental differences between village and kelurahan, we found that such a maneuver has caused policy and practical inconsistencies where gender equality clause is omitted and the organization?s structure remains unreformed. Thus, it seems that the implementation of affirmative action for women participation in kelurahan?s politics has been withered before blooming.
POST-COLONIAL CITIZENSHIP LAW (COMPARATIVE STUDY OF ASIAN COUNTRIES) Isharyanto, Isharyanto
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2550

Abstract

This paper describes the system of citizenship law in Asia. The first part of this article provides a narrative by highlighting some of the related issues surrounding citizenship law and by discussing this issue with the process of (de) colonization. The second section presents a comparison of the law with respect to citizenship legislation from selected countries. Furthermore, the comparative analysis is seen in 3 main things: how to obtain citizenship because of birth, how to obtain citizenship after birth, and the problem of losing citizenship. The third part discusses dual citizenship and statelessness as well as differences between legal provisions and practice.
ASSET RECOVERY OF DETRIMENTAL TO THE FINANCES OF THE STATE FROM PROCEEDS OF CORRUPTION IN THE DEVELOPMENT OF NATIONAL CRIMINAL LAW SYSTEM Satriana, Eri; Sugiharti, Dewi Kania; Satriana, Muhammad Ilham
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2474

Abstract

Asset Recovery resulting from corruption in Law 31/1999 in conjunction with Law 20/2001 is difficult, besides that Indonesia, which has ratified UNCAC 2003, is still experiencing difficulties resulting in a low amount of repayment of state financial losses compared to its own financial losses. Problems in asset recovery originate from Article 18 of Law 31/1999 in conjunction with Law 20/2001, which can only be done after a court decision has permanent legal force. UNCAC 2003 has the concept of non conviction base forfeiture (in brake system) to overcome these weaknesses. The formulation of optimizing punishment is generated by asset recovery with  an economic analysis of law approach using the time value of money as a determinant of calculationKeywords: asset recovery; detrimental to the finances of the state; corruption; national criminal law system.
ASEAN MECHANISM FOR HUMAN SECURITY PROBLEMS IN SOUTHEAST ASIA: WHAT'S WRONG? Puspita, Natalia Yeti
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2566

Abstract

Since the flow of goods and services begins to cross national borders, threats to human security do not originate solely from war. The era of traditional security has begun to shift towards non-traditional security or human security. In this concept, threats to security are directed directly at humans such as natural disasters, epidemics, drugs and human trafficking, and terrorism. Southeast Asia is the region most vulnerable to natural disasters. Relations between countries in this region are under the auspices of ASEAN. ASEAN Way is an ASEAN mechanism based on the principle of state sovereignty and non-intervention. ASEAN Way and Human Security are two different concepts. The ASEAN mechanism cannot be applied absolutely to overcome natural disasters that are massive, cross-border and occur in areas of armed conflict in Southeast Asia. In this case, it is necessary to broaden understanding of the nature of the principle of state sovereignty and non-intervention.Keywords: ASEAN Mechanism, Human Security, Southeast Asia 

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