Jurnal Dinamika Hukum最新文献

{"title":"Collaborative Governance in Tackling Prostitution in Pemalang Regency","authors":"T. Tobirin, A. Nasihuddin, K. Pamuji","doi":"10.20884/1.jdh.2022.22.3.3302","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.3.3302","url":null,"abstract":"This article is driven by the complexity of handling prostitution, from economic issues, conflicts of interest, poor communication coordination, to the absence of collaboration between stakeholders. This study aimed to analyze the implementation and obstacles of collaborative governance in dealing with prostitution in Pemalang Regency. A social-juridical research methodology through the  combination of doctrinal-normative legal research and social as well as social science approaches was selected for this study, while data collection were obtained through focus group discussions and secondary data. The study results showed that the implementation of collaborative governance in handling prostitution in Pemalang Regency has not been optimal, with ineffective communication identified between stakeholders. In addition, the barriers to the collaborative process include conflicts of interest in the handling of prostitution issues that give rise to differing perceptions among the health service providers, security forces, and religious leaders; ineffective institutional design; and the reliance to the deparment in charge of handling public order. The lack of shared commitment to address prostitution issue in a planned and measurable manner in adherence to local regulations remains a challenge to be resolved.Keywords: barriers, collaborative, handling, prostitution.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"62 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131300570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Filing a Lawsuit for Damages in Enforcing the Civil Aspects of Business Competition","authors":"S. Sanusi, Bha’iq Roza Rakhmatullah","doi":"10.20884/1.jdh.2022.22.3.3428","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.3.3428","url":null,"abstract":"In the life of society, the law has a main objective, which is to regulate the life of society and the state in all its activities. Various community activities include social, political, and cultural activities. It is hoped that the activities carried out by the community, especially in trade, will not exceed the limits of the provisions implied in Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The purpose of this study is to analyze the business competition system in Indonesia against a business actor who is disadvantaged as a result of unfair business competition practices, whether he can file a claim for rights or a lawsuit in the form of payment of compensation through civil law enforcement procedures without first reporting in writing the occurrence of the practice to Commission for the Supervision of Business Competition (KPPU). This type of research uses library materials as secondary data and laws and regulations as a system of norms that must be obeyed and by usingan approach philosophical. Business actors who have been harmed based on Article 1365 of the Civil Code as the basis for the right to tort or Article 1239 of the Civil Code as the basis for the right to default can file a lawsuit directly to the District Court without first reporting in writing to the Business Competition Supervisory Commission (KPPU). KPPU as an institution responsible for implementing business competition law enforcement is a complementary state institution (state auxiliary organ) regardless of government influence. In practice, KPPU is an institutionas if judicial because the KPPU has the same authority as the judiciary, one of which is the authority to issue decisions and decisions.Keywords: Lawsuits, Compensation, Unfair Business Competition ","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116200652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Harmonious, Dynamic, and Equitable Industrial Relations Dispute Resolution in The Eyelash Industry in Purbalingga","authors":"S. Wardani, Retno Dwiyanti, Agustinus Supriyanto","doi":"10.20884/1.jdh.2022.22.3.3385","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.3.3385","url":null,"abstract":"Purbalingga Regency is one of the centers of eyelash production in Indonesia. Thousands of people work in this sector. However, the Covid-19 pandemic has increased industrial relations disputes that arise because of differences in interests between employers and workers/laborers. This article aims to unravel industrial relations disputes in the eyelash industry and formulate a harmonious, dynamic, and equitable settlement model. This research is designed using empirical juridical method. Data analysis for centralized research is carried out by systematizing legal materials obtained and classified while field research is classified and tabulated based on answers to questions in the interview guidelines. The results show that the settlement of industrial relations disputes that are harmonious, dynamic, and fair in the false eyelash industry sector in Purbalingga Regency is resolved through bipartite institutions. If it fails, mediation is conducted. In resolving industrial relations disputes, it is necessary to get rid of the concept of balance of power or opposition.Keywords: Dispute Resolution, Industrial Relations, Harmony, and Justice.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121984768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Forced Marriage in the Bride-Napping Case in Sumba-East Nusa Tenggara Linked with Positive Law in Indonesia","authors":"Junifer Dame Panjaitan, Rachmad Safa’at, L. Endrawati, Faizin Sulistio","doi":"10.20884/1.jdh.2022.22.3.3220","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.3.3220","url":null,"abstract":"","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130095887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Examining the Legal Impact of Presidential Threshold Implementation in the 2024 Presidential Election","authors":"Imawan Sugiharto, Erwin Aditya Pratama","doi":"10.20884/1.jdh.2022.22.2.3429","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.2.3429","url":null,"abstract":"Presidential threshold is the threshold of vote acquisition that must be obtained by political parties in an election to be able to nominate a presidential candidate. General elections for president and vice president are submitted by political parties or a combination of political parties that have at least 20% of the seats in the DPR or 25% of the national valid votes in legislative elections. The type of research used is library research. The approach used is a normative approach. The data collection technique is through literature study. And analyzed by qualitative data analysis method. The presidential threshold setting as determined by the Constitutional Court through decision Number 53/PUU-XV/2017 states Article 222 of Law Number 7 of 2017 concerning Elections which regulates the Presidential threshold requirements have an impact on political parties, due to restrictions on the constitutional rights of political parties that has a small number of seats in the DPR. Then the high threshold number will cause only political parties to nominate their president and vice president so that the implementation of the Presidential threshold is more likely to benefit the authorities and harm the people and negate the people's right to be able to choose alternative figures in the 2024 Presidential Election.Keywords: Presidential Threshold, Presidential Election, 2024 Presidential Election, President.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130537909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Effectiveness of Marriage Construction and Construction Agency in Minimizing the Rate of Divorce in Pariaman City West Sumatera","authors":"Sobhan Sobhan, Kholidah Kholidah, M. Ridho","doi":"10.20884/1.jdh.2022.22.3.3216","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.3.3216","url":null,"abstract":"The increasing divorce rate in Pariaman City is a sign for the functioning of the agency tasked with providing counseling and training to maintain marriage and keep the household in harmony, this increase in divorce can be seen from 2010 to 2021 which is a significant increase. Answering these problems, descriptive qualitative research methods are used which give the results that there are many factors for divorce and efforts to improve the quality of the Pariaman City Advisory Board for Marriage Development and Preservation, such as internal and external aspects. And one of the important formats is formulating the Effectiveness of BP4 in Efforts to Minimize the Divorce Rate with its indicators Clarity of goals to be achieved, Clarity of strategy for achieving goals, Preparation of appropriate programs and a good plan, Availability of work facilities and infrastructure, Education supervision and control system.Keywords: Effectiveness; Advisory Board for the Development and Preservation of Marriage; Divorce Rate; Pariaman City.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128090467","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Crowdfunding Practices and the Comparison to Fundraising and the Dispute Resolution","authors":"Wagiman Martedjo, M. L. R. Izzulhaq","doi":"10.20884/1.jdh.2022.22.3.3246","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.3.3246","url":null,"abstract":"The practice of ‘crowdfunding’ and ‘fundraising’ by the community sometimes leads to abuse. Judging from the parties, namely the ‘Fundraising Platform’ and ‘Promotion’ and’ Donors’. This article answers three things: first, what if the donor wants to know the use/distribution of the funds? second, what if there is a dispute and its resolution? and third, what actions Donors can take to obtain information from the Promotion? The normative juridical method is used with two flatform models to be compared and analyzed. Using the comparative method in several countries, the transparency and accountability of the information provided is also recorded. Finally, an investigation is carried out if there is a dispute between the Donor and the Beneficiary/Collector, and how the dispute is resolved. Conclusion: First, the implementation of crowdfunding varies, some are specifically regulated but in general they are regulated in a scattered manner. The latter applies in Indonesia. Second, the right of the donor to know information regarding the transparency of its distribution as long as it does not involve confidential information. Donors can request information not from online crowdfunding/online fundraising but from the Campaigner. Third, dispute resolution between the Donor and the Campaigner can be carried out in the realm of information disputes with two stages of dispute resolution, namely: the litigation stage through Mediation and Adjudication and the litigation stage, through the District Court or State Administrative Court.Keywords: Crowdfunding; Fundraising; Dispute; Non-Litigation; Litigation","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131061044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Positioning The Civil Servant in Public Position As Public Service Implementer Based on The Level of Profesionalism Measurement","authors":"Ch. Utama, Febrian Febrian, R. Ridwan, Iza Rumesten","doi":"10.20884/1.jdh.2022.22.3.3137","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.3.3137","url":null,"abstract":"The Civil Servants who will occupy positions must be placed with clearer positions and roles. A Civil Servant in placing a position can do his job efficiently and effectively if he knows his position is in accordance with his competence, but there are still several things that cause a Civil Servant to be unprofessional, namely the incompatibility (fitness) between the abilities possessed and the needs of the particular task. in the placement of positions, which has an impact on the low quality of public services. This research formulates the problems: 1). What are the indicators of the principle of professionalism for Civil Servants as implementers of Public Services? ; How does the system place Civil Servants in positions as executor of professional public services? This research is a type of normative legal research, namely legal research by conducting research using library research. The approach used in this research is the Statute Approach, Analytical Approach, Interpretive Approach, Comparative Approach, Legal Philosophical Approach, Legal History Approach, Case Approach Approach), and Legal Political Approach. The technique of processing research materials is carried out by taking an inventory and systematization of the existing laws and regulations. After doing library research, then processing the legal materials that have been obtained by systematizing the written legal materials. Legal materials that have been collected and processed are then analyzed using qualitative and quantitative analysis methods, and using interpretive methods. Conclusions in normative legal research emphasize deductive techniques. Conclusions are drawn in a deductive way. Drawing conclusions starting with deductive techniques through the application of legal theories and concepts in analyzing legal materials. 1). The measurement standards that must be met in determining the level of professionalism of Civil Servants as implementing public services consist of several indicators, namely qualification dimension indicators, competency dimension indicators, performance dimension indicators, and discipline dimension indicators. 2). The system places Civil Servants in public positions as executor of public services. There are three important points that must be in the placement system, First, the system or method of determining identity and determining completely the tasks and requirements in certain positions based on job analysis. Second, position placement based on merit system (skills/skills). Third, conduct education and training (training) to improve the performance of civil servants in public positions.Keywords: Civil Servants, Merit System, Public Service, Professionalism. ","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131928984","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Principle of the State's Right to Control Land on the Establishment of a Land Bank in Indonesia's Perspective of Agrarian Reform","authors":"S. Suyanto, Umi Khulsum","doi":"10.20884/1.jdh.2022.22.3.3294","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.3.3294","url":null,"abstract":"The establishment of a land bank related to problems in land acquisition today has resulted in a shift in the view of land as a commodity that is considered strategic. This triggered land liberalization, which resulted in land prices soaring due to the games of land speculators so that land compensation issues constrained the projects planned by the government in building infrastructure. The problem is the influence of the principle of the right to control the state in the formation of a land bank and how is the position of the land bank in the perspective of agrarian reform. The research method used is normative juridical in the form of legal behaviour by reviewing statutory regulations. Land rights are derived from the state's right to control, which can be given to the community individually or in the form of a legal entity or jointly. State rights in the land sector are rights granted to the state to regulate and organize the allocation, use, supply, and maintenance in the land sector; regulate the land bank whether it is by what the government intended or return to the old guidelines, namely domein verklaring. Therefore, as the legislator and implementer, the government is expected to revise the Basic Agrarian Law. The revision prevents the right to control land, which is feared to happen again, like in the Dutch colonial era. The Basic Agrarian Law is considered too outdated and does not follow current land problems. Keywords: The right to control the state; land bank; domein verklaring; land acquisition","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"404 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127704202","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Impact of Industry Digitalization on Recruitment of Employment Opportunities","authors":"Soesi Idayanti, S. Siswanto","doi":"10.20884/1.jdh.2022.22.2.3426","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.2.3426","url":null,"abstract":"Industrial digitization will change the character of future jobs. The digital era makes all things easier to carry out. All things that easier to carry out include something that relate to production process, service process, and others process. However, the digital era also has a negative or disruptive effect on the economy, especially in terms of employment, both opportunities and labor needs.This study aims to find out the current labor regulations related to industrial digitization, and to find out what impacts of industrial digitization on employment opportunities. The results of this study indicate that regulations regarding employment related to industrial digitization have been regulated in Law Number 13 of 2003 concerning Manpower and the Law on Job Creation.The digitization of industry and the way new digital technologies are reconfiguring the way goods and services are produced. Likewise with various job opportunities, because industrial digitalization has also changed many types of jobs.Keywords:Industrial Digitization, Industrial Revolution, Manpower. ","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125124039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}