Jurnal Dinamika Hukum最新文献_第6页

Deregulation and Debureaucratization of Business Licensing Services Through The Online Single Submission (OSS) System in Local Governments Post Government Regulation Number 24 of 2018 Concerning Electronically Integrated Business Licensing Services 通过地方政府网上单一提交(OSS)系统放松营业执照服务的管制和去官僚化2018年第24号政府规章，关于电子综合营业执照服务

Jurnal Dinamika Hukum Pub Date : 2022-07-09 DOI: 10.20884/1.jdh.2022.22.1.3129

Mohamad Fasyehhudin, Belardo Prasetya Mega Jaya, Yogi Muhammad Rahman

{"title":"Deregulation and Debureaucratization of Business Licensing Services Through The Online Single Submission (OSS) System in Local Governments Post Government Regulation Number 24 of 2018 Concerning Electronically Integrated Business Licensing Services","authors":"Mohamad Fasyehhudin, Belardo Prasetya Mega Jaya, Yogi Muhammad Rahman","doi":"10.20884/1.jdh.2022.22.1.3129","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.1.3129","url":null,"abstract":"Through deregulation and debureaucratization of licensing services, businesses use the Online Single Submission (OSS) system at OSS institutions, ministry, institutions, and local government, to realize increased and accelerated investment and business. This study aims to find out, analyze and answer the aspects of deregulation and debureaucratization in the context of efficiency and effectiveness of electronically integrated business licensing services using OSS in Regional Government. Important aspects of deregulation that must be considered are requirements, rights and obligations, standard operating procedures, period of validity, service time, and costs. Then, the important aspects of debureaucratization must be considered that related to institutions/departments in ministries, institutions, and local governments paying attention to the ease of service processes, human resources or service personnel who have special competencies in their fields, including effective coordination between ministries, institutions, and government at the regional level, among adequate service infrastructure, including optimizing the OSS system with advanced information technology, communication media, and convenient service areas.Keywords: deregulation, debureaucratization, public services/licensing services","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133165124","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}

引用次数: 0

The Ambiguity of Norms in Article 66 (C) of Law No. 30/1999 on Arbitration And Alternative Dispute Resolution: Causes, Implications And Resolutions 关于仲裁和替代性争议解决的第30/1999号法律第66 (C)条规范的模糊性:原因、影响和解决办法

Jurnal Dinamika Hukum Pub Date : 2022-06-23 DOI: 10.20884/1.jdh.2022.22.1.3146

Muhamad Dzadit Taqwa, Tazkia Nafs Azzahra, Maria Jasmine Putri Subiyanto

引用次数: 0

Pragmatic and Progressive Legal Practice: Ethnographic Case Study of Jatigede Reservoir 务实与进步的法律实践:贾蒂格德水库的民族志案例研究

Jurnal Dinamika Hukum Pub Date : 2022-06-02 DOI: 10.20884/1.jdh.2022.22.1.3079

Teddy Asmara

引用次数: 0

Dialectics of the Urgency of Reforming The Law of State Administrative Justice as a Synthesis 《国家行政司法法》改革紧迫性的辩证法

Jurnal Dinamika Hukum Pub Date : 2022-05-31 DOI: 10.20884/1.jdh.2022.22.1.3194

M. Endang, M. Fadli, Istislam Istislam, Dewi Cahyandari

{"title":"Dialectics of the Urgency of Reforming The Law of State Administrative Justice as a Synthesis","authors":"M. Endang, M. Fadli, Istislam Istislam, Dewi Cahyandari","doi":"10.20884/1.jdh.2022.22.1.3194","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.1.3194","url":null,"abstract":"Dialectically, previously the handling and settlement of state administrative disputes used Law Number 5 of 1986 concerning the Administrative Court Law which was twice revised with Law Number 9 of 2004 and Law Number 51 of 2009 as the legal instrument of the procedure ( thesis). However, currently, the procedural law used in resolving state administrative and government administrative disputes also uses the Supreme Court Regulation instrument. This is because the Administrative Court Law Law cannot accommodate the development of material administrative law requirements and administrative law enforcement provided by sectoral laws. Apart from that, in practice, there have been changes and shifts in most of the content of procedural law (material and formal) in the Administrative Court Law. This shift was influenced by the enactment of Law Number 30 of 2014 concerning Government Administration and sectoral laws which later became the basis for the formation of a Supreme Court Regulation. The two regulations later became guidelines for proceedings in the Administrative Court Law which had a paradoxical relationship. In one aspect, there is an interrelation between the law on Administrative Court Laws, the law on government administration, and the regulations of the Supreme Court, but in other aspects, it creates an antinomy of norms. Therefore, it is important in legal reform to encourage systematic thinking to synchronize and harmonize the material and formal content of the material and formal procedural laws that are unified as a synthesis.Keywords: dialectics, harmonization of law, shifting, state administration judicial procedural law","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132163866","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}

引用次数: 0

The Existence of Consumer Protection in the Perspective of Cyber Law in Indonesia 印尼网络法律视角下消费者保护的存在

Jurnal Dinamika Hukum Pub Date : 2022-05-28 DOI: 10.20884/1.jdh.2022.22.2.3427

F. Sudewo, Dinar Mahardika

引用次数: 0

An Analysis of Constitutional Court Verdict Number 28/PUU-XI/2013 on Law Number 17 of 2012 About Cooperatives

Jurnal Dinamika Hukum Pub Date : 2022-05-16 DOI: 10.20884/1.jdh.2022.22.2.3391

Marsitiningsih Marsitiningsih, Wafa Nihayati Inayah, Ade Muhammad Syamkirana Putra

{"title":"An Analysis of Constitutional Court Verdict Number 28/PUU-XI/2013 on Law Number 17 of 2012 About Cooperatives","authors":"Marsitiningsih Marsitiningsih, Wafa Nihayati Inayah, Ade Muhammad Syamkirana Putra","doi":"10.20884/1.jdh.2022.22.2.3391","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.2.3391","url":null,"abstract":"Article 33 paragraph (1) of the 1945 Constitution and its Explanation which refers to the notion of a typical corporate structure because of the definition of cooperatives in Law Number 17 of 2012 concerning Cooperatives, it turns out that the philosophy is not in accordance with the nature of the economic structure as a joint venture and the kinship-based principle contained in Article 33 paragraph (1) of the 1945 Constitution. Similarly, this understanding has apparently been elaborated in other articles in Law Number 17 of 2012 concerning Cooperatives, thus making the rights and obligations of members by making the supervisory authority too extensively and a capital scheme that prioritizes material and financial capital that overrides social capital which is precisely the fundamental characteristic of cooperatives as a distinct entity of economic actors based on the 1945 Constitution. On the other hand, cooperatives are the same and no different from limited liability companies. This has made cooperatives lose their constitutional soul as an entity of typical economic actors for a nation with a mutual cooperation philosophy.Keywords: Cooperatives, Constitutional Court Verdict, Economy","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115924449","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}

引用次数: 0

Legal Certainty: Fulfillment of Human Rights Regarding Health Within Omnibus Law Through Hospital Acreditation 法律确定性:通过医院认证实现综合法中有关健康的人权

Jurnal Dinamika Hukum Pub Date : 2022-05-12 DOI: 10.20884/1.jdh.2021.21.2.3192

Kana Purwadi, Hendra Sukarman, Dhaneswara Awindra Wijaya

{"title":"Legal Certainty: Fulfillment of Human Rights Regarding Health Within Omnibus Law Through Hospital Acreditation","authors":"Kana Purwadi, Hendra Sukarman, Dhaneswara Awindra Wijaya","doi":"10.20884/1.jdh.2021.21.2.3192","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.2.3192","url":null,"abstract":"The second and fourth amendment of 1945 Constitution has placed right to health as a human right. The state is obliged to fulfill health services that consists of promotive, preventive, curative and rehabilitative health services. The state is also obliged to provide a proper health service facility. The term “proper” presuppose to fulfil a particular standard. Since 8th June of 2020 to the inception of the Omnibus Law the hospital accreditation standard is based on the Health Ministry Regulation No. 12 of 2020. The inception of the Omnibus Law on 2nd November of 2020 is impacting the Law No. 44 of 2009 regarding hospital specifically associated with hospital accreditation. This research analyzes the legal certainty of human’s right to health fulfilment within Omnibus Law through the hospital accreditation settings and the urgency under the establishment of Pancasila law. The used research methodology to analyze are normative juridical by examining norms in the legislation system, conducted by researching legal materials and legal documents.Keywords: Legal certainty, omnimbus law, health law, hospital accreditation","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121684648","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}

引用次数: 2

Land Reform: Government Effort in Prospering Rural Communities 土地改革:政府在繁荣农村社区中的努力

Jurnal Dinamika Hukum Pub Date : 2022-03-31 DOI: 10.20884/1.jdh.2021.21.1.2982

Hendra Sukarman, Kana Purwadi, Intan Muttoharoh

引用次数: 0

Extradition Arrangements in Efforts to Eradicate Corruption Crimes in Indonesia 为铲除印尼腐败犯罪而作出的引渡安排

Jurnal Dinamika Hukum Pub Date : 2022-03-30 DOI: 10.20884/1.jdh.2021.21.2.3154

Sulaiman Rasyid, Joko Setiyono

引用次数: 1

The Right to be Forgotten as Protection for Children Victims of Non-Consensual Pornography Crime 非自愿性色情犯罪受害儿童的被遗忘权保护

Jurnal Dinamika Hukum Pub Date : 2022-03-30 DOI: 10.20884/1.jdh.2021.21.2.2845

Renald Markus Sinaga, M. Wardaya

{"title":"The Right to be Forgotten as Protection for Children Victims of Non-Consensual Pornography Crime","authors":"Renald Markus Sinaga, M. Wardaya","doi":"10.20884/1.jdh.2021.21.2.2845","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.2.2845","url":null,"abstract":"Revenge porn refers to the distribution of sexually explicit images without the consent of the pictured individual, in most cases, this happens when someone decides to end the relationship with their partner, the partner who refused their decision then threatens to spread their sexually explicit images on the internet. So far, the existing legal system only accommodates aspects of criminal prosecution for non-consensual pornography offenders. However, if we conduct further observation, the protection that is most needed by the victims is how to reduce the negative impact of this which can harm their future. The right to forget is a right that gives a person the right to delete their data from search engines and other directories under certain circumstances. In a general context, this right is still problematic to adopt because it can threaten the rights for freedom of speech. However, in the context above, this right may be important to be applied for the protection of someone against mistakes made under the age of age. Convention on the Rights of the Child articles 16 & 40 (2) (b) (vii) as explained by the children's rights committee in General comment no. 10 (2007) on Children's rights in juvenile justice in the “Full respect of privacy” section guarantees the rights of child perpetrators of criminal offenses to be kept secret, even in the Beijing rules article 21.1 & 21.2 regulate to avoid stigmatization and/or prejudice or to increase penalties then the record of child offenders is not may be used in subsequent cases when the child is an adult.Keywords: child porn; human rights; nonconsensual pornography; porn revenge; right to be forgotten","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131025117","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}

引用次数: 0