Journal of Dinamika Hukum最新文献

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Capturing The Bride Culture In Sumba, East Nusa Tenggara: A Victimological Analysis 捕捉东努沙登加拉松巴的新娘文化:受害者学分析
Journal of Dinamika Hukum Pub Date : 2023-08-29 DOI: 10.20884/1.jdh.2023.23.2.3637
Siti Syahida Nurani, Angkasa Angkasa, Arief Budiono, Nurdin Nurdin, Dyah Adriantini Sintha Dewi
{"title":"Capturing The Bride Culture In Sumba, East Nusa Tenggara: A Victimological Analysis","authors":"Siti Syahida Nurani, Angkasa Angkasa, Arief Budiono, Nurdin Nurdin, Dyah Adriantini Sintha Dewi","doi":"10.20884/1.jdh.2023.23.2.3637","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.2.3637","url":null,"abstract":"The Sumba people has a culture called ‘capturing the bride’ (kawin tangkap), where a man captures the woman he will marry. But its practice has deviated and it became full of intimidation. This paper aims to analyze the ‘capturing the bride’ practice of Sumba people from the victimological perspective. This was descriptive qualitative research. Results show that the current form of ‘capturing the bride’ is a form of violence against women. The violence experienced by ‘capturing the bride’ victims is motivated by a created opportunity and a man’s idealized need to marry a woman. From the victimological perspective, based on Mendelshon’s theory on the degree of victims’ fault, the above victims are completely innocent victims. Based on Schafer’s concept on victim responsibility, they are categorized as biologically and socially weak victims. Then, if related to Fattah’s theory on victim involvement, they are categorized as non-participating victims.","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"246 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136349125","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
Imposition Of Income Tax On Tiktokers Based On Tax Regulations In Indonesia 从印尼税收法规看提托客的所得税征收
Journal of Dinamika Hukum Pub Date : 2023-08-29 DOI: 10.20884/1.jdh.2023.23.2.3660
Moody Rizqy Syailendra, Indah Aprilia, Luo Yuan
{"title":"Imposition Of Income Tax On Tiktokers Based On Tax Regulations In Indonesia","authors":"Moody Rizqy Syailendra, Indah Aprilia, Luo Yuan","doi":"10.20884/1.jdh.2023.23.2.3660","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.2.3660","url":null,"abstract":"The virtual world has provided various benefits and new opportunities in various fields of human life. One of these opportunities is through social media. As social media platforms have grown, many people are now changing their careers to become content providers. Beyond just seeking pleasure, Tiktok has given its users a ton of options to earn a living. Creative industry players get enormous opportunities to earn income from Tiktok through the various content they create. Tax responsibilities have emerged for Tiktokers because of the increase in persons switching occupations to become Tiktokers and benefit/earn from Tiktok in Indonesia. This research uses a normative juridical approach with statutory and factual approaches. Based on this research, it can be concluded: First, the imposition of income tax on the Tiktoker profession adheres to a self-assessment system, thus the calculation processes up to reporting are completed directly by the Taxpayer in compliance with the relevant laws and regulations. Tiktokers carry out their job by doing evaluations and advertising things that they have praised. Tiktokers then get rewarded for the review videos he has made and uploaded. This is then what is income or profit for Tiktokers. Tiktokers can be subject to the provisions in Article 21 UUPPh in calculating their Income Tax, where this provision applies to artistic workers and those who do not have an agency, as well as freelancers and private employees.","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136349124","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 Protection Orientation And Formulation For Traditional Musical Instruments As Patents: An Inclusive Legal Paradigm 传统乐器作为专利的法律保护取向与构成:一个包容性的法律范式
Journal of Dinamika Hukum Pub Date : 2023-08-26 DOI: 10.20884/1.jdh.2023.23.2.3629
I Gede Agus Kurniawan, Lourenco De Deus Mau Lulo
{"title":"Legal Protection Orientation And Formulation For Traditional Musical Instruments As Patents: An Inclusive Legal Paradigm","authors":"I Gede Agus Kurniawan, Lourenco De Deus Mau Lulo","doi":"10.20884/1.jdh.2023.23.2.3629","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.2.3629","url":null,"abstract":"One of the consequences of the extinction of several traditional musical instruments in Indonesia is the reduction in traditional musical instrument craftsmen because the manufacture of traditional musical instruments does not guarantee a substantive economic increase for the craftsmen. Therefore, legal action is needed so that traditional musical instruments can have an economic orientation and implications for the craftsmen so that they can become an important factor in preserving traditional musical instruments in Indonesia. This study aims to orient the legal protection of traditional musical instruments through patents in an inclusive legal perspective. This research is a normative legal research with a concept and statutory approach. The results of the study confirm that the legal protection orientation of traditional musical instruments as patents can be carried out by qualifying traditional musical instruments as simple patents. Internal legal protection is carried out by classifying traditional musical instruments as simple patents, must be accompanied by awareness and understanding of every traditional musical instrument craftsman to be able to register patents, besides that externally, the state needs to provide convenience, facilitation and incentives for traditional musical instruments as simple patents including making certain legal breakthroughs and policies by providing formulations regarding affirmative action legal policies related to efforts to register traditional musical instruments in an inclusive legal perspective that needs to be implemented so as to provide facilitation as well as empowerment for traditional musical instruments to be registered as simple patents.","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135236709","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
Philosophy Of Justice In Post-Modern Labor Law: What And How? 后现代劳动法中的正义哲学:什么?如何?
Journal of Dinamika Hukum Pub Date : 2023-08-26 DOI: 10.20884/1.jdh.2023.23.2.3655
Nuryati Solapari, Fakhry Amin, Syahrul Alamsyah
{"title":"Philosophy Of Justice In Post-Modern Labor Law: What And How?","authors":"Nuryati Solapari, Fakhry Amin, Syahrul Alamsyah","doi":"10.20884/1.jdh.2023.23.2.3655","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.2.3655","url":null,"abstract":"The main objective of this research is to examine the concept of justice in labor law which has developed in the context of the post-modern era as marked by rapid social and technological changes and a more inclusive view of justice. By using normative research, researchers will conduct an in-depth analysis of relevant literature on the philosophy of justice, labor law, and postmodernism as part of primary and secondary legal materials. The data collection process will involve a thorough literature review, analysis of legal texts, and examination of related documents and articles from reliable sources. The differentiation of this study from other studies is its comprehensive analytical approach to understanding justice in labor law and its focus on changes and adaptations that occur in the post-modern era. these findings will explain the concept of justice in the workplace that has adapted to the challenges of the times. In addition, this study aims to identify obstacles and opportunities in building a fair, diverse and efficient employment system for all stakeholders. By paying attention to social dynamics, technology, and postmodern values, researchers hope that labor law can be more responsive and flexible in maintaining a sense of justice and the balance of power between employers and workers.","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135236710","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
OFFICIAL RESPONSIBILITY AND PERSONAL RESPONSIBILITY IN THE CONTEXT OF STATE FINANCIAL LOSS 国家财政损失背景下的官员责任与个人责任
Journal of Dinamika Hukum Pub Date : 2018-01-31 DOI: 10.20884/1.JDH.2018.18.1.1861
H. Hariyanto
{"title":"OFFICIAL RESPONSIBILITY AND PERSONAL RESPONSIBILITY IN THE CONTEXT OF STATE FINANCIAL LOSS","authors":"H. Hariyanto","doi":"10.20884/1.JDH.2018.18.1.1861","DOIUrl":"https://doi.org/10.20884/1.JDH.2018.18.1.1861","url":null,"abstract":"S tate financ ial Management which raises state's financial losses shows that there is a separation between official responsibilities and personal responsibility. The limits for determining the distinction of personal responsibility and official responsibilities when there is a state financial loss are the presence of mens rea (inner attitude and malicious intent) and maladministration. National Audit Boar d Report (LHP BPK) is used to determine the transition of official responsibilities into personal responsibilities in relation to the findings of unlawful acts, misuse of authority, opportunities or means available to them due to position. This is in line with the objective of settling the financial losses of the state from the legal aspects of state administration which emphasize the restoration of state financial losses, although the penalty can be cumulative with criminal, civil and administrative penalties. Keywords : state finance, official responsibilities and personal responsibility , mens rea, maladminis-tration","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"18 1","pages":"103-108"},"PeriodicalIF":0.0,"publicationDate":"2018-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45107310","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
RESPONSIBILITY OF THE STATE IN SOLVING CONFLICT AMONG RELIGIOUS PEOPLE (RESEARCH CONDUCTED IN CENTRAL JAVA 国家在解决宗教人士冲突中的责任(在爪哇中部进行的研究
Journal of Dinamika Hukum Pub Date : 2017-02-22 DOI: 10.20884/1.JDH.2016.16.3.780
Rini Fidiyani
{"title":"RESPONSIBILITY OF THE STATE IN SOLVING CONFLICT AMONG RELIGIOUS PEOPLE (RESEARCH CONDUCTED IN CENTRAL JAVA","authors":"Rini Fidiyani","doi":"10.20884/1.JDH.2016.16.3.780","DOIUrl":"https://doi.org/10.20884/1.JDH.2016.16.3.780","url":null,"abstract":"Freedom of choosing/believing religion/credo is a right guaranteed by the state (Article 28 E point (2) UUD 1945). Nonetheless, that freedom has become a mere myth since the state involves in violation against the freedom of religion/credo towards the minorities in solving their conflict in several places, particularly in Central Java. This research investigates the responsibility of the state towards that conflict using normative and empiric law approach as problem-solving methods. The result of this research  shows several things. First , there found unfairness in the state in solving conflict amongst religious people; Second , there found an involvement from certain religion follower (which supported by the state servant) in conflict amongst  religious people and in other violation against the freedom of religion; Third , it has not been unclear the acts of responsibilty from the state about their behaviours; and Fourth, there found no any way for the victims towards state’s behavior, to claim their rights. To solve the problem, it needs to be arranged in a normative or politic way about how the state takes responsible in dealing with conflict amongst religious people, either as a mediator or as the perpretator of discrimination or the offender of freedom of religion. Besides, we need also to find some ways for the victim to defend their rights and their freedom. Key words: freedom of religion, conflict, discrimination, responsibility of the state.","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"16 1","pages":"249-257"},"PeriodicalIF":0.0,"publicationDate":"2017-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44564427","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: 1
Proton-Induced Collisions on Potential Prebiotic Species. 质子诱导的潜在前生物物种碰撞。
IF 2
Journal of Dinamika Hukum Pub Date : 2016-11-01 Epub Date: 2016-03-31 DOI: 10.1007/s11084-016-9487-0
Marie-Christine Bacchus-Montabonel
{"title":"Proton-Induced Collisions on Potential Prebiotic Species.","authors":"Marie-Christine Bacchus-Montabonel","doi":"10.1007/s11084-016-9487-0","DOIUrl":"10.1007/s11084-016-9487-0","url":null,"abstract":"<p><p>With regard to the fascinating question of the origin of life, special interest has been devoted to potential prebiotic molecules which could drive the emergence of life. In the widely discussed hypothesis of a possible exogen apparition of life, the transport of those prebiotic species and their survival under spatial conditions is of strong interest. In particular their stability under solar radiation or in collisions with bare nucleus has to be considered. In that sense, taking account of the abundance of protons in ionized clouds of the interstellar medium, we have developed a detailed theoretical study of the charge transfer collision dynamics induced by impact of protons on a series of possible prebiotic compounds. Three main types of molecules have been considered: first of all the DNA and RNA building blocks with on a one hand the nucleobases uracil and thymine, and on the other hand the 2-deoxy-D-ribose sugar skeleton in its furanose and pyranose forms. The study has been extended to the 2-aminooxazole suggested to be a possible precursor of RNA nucleotides. The theoretical treatment involves ab-initio quantum chemistry molecular calculations followed by a semiclassical collision dynamics. Some qualitative trends may be suggested for the proton-induced damage of such prebiotic species.</p>","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"12 1","pages":"361-368"},"PeriodicalIF":2.0,"publicationDate":"2016-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s11084-016-9487-0","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89706513","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
LEGAL POLICY OF INVESTMENT GOVERNMENT REFORM IN INDONESIA 印尼投资政府改革的法律政策
Journal of Dinamika Hukum Pub Date : 2016-05-10 DOI: 10.20884/1.JDH.2016.16.2.564
Agus Darmawan
{"title":"LEGAL POLICY OF INVESTMENT GOVERNMENT REFORM IN INDONESIA","authors":"Agus Darmawan","doi":"10.20884/1.JDH.2016.16.2.564","DOIUrl":"https://doi.org/10.20884/1.JDH.2016.16.2.564","url":null,"abstract":"The study aims to find a legal policy model the Indonesian government in the management of government investment in infrastructure financing alternatives towards improving the welfare of all the people of Indonesia. This study uses a normative approach. The results showed that the management of government investment undertaken by the Government Investment Unit as a public service unit is not optimal and governance need to be improved. Legal reform through the establishment of a legal entity sui generis and realignment of authority operators, regulators and supervision in the management of government investment is expected to realize the objectives of the management of government investment as stipulated in Article 41 of Law No. 1 of 2004 on State Treasury. Keywords : legal policy , government investment, and legal reform.","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"16 1","pages":"196-204"},"PeriodicalIF":0.0,"publicationDate":"2016-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67592250","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
MODEL OF SISTER CITY COOPERATION IN ORDER TO IMPROVE REGIONAL DEVELOPMENT IN BANYUMAS REGENCY 姊妹城市合作模式促进巴育马市区域发展
Journal of Dinamika Hukum Pub Date : 2016-05-10 DOI: 10.20884/1.JDH.2016.16.2.562
Noer Indriyati, Sanyoto, Aryuni Yuliantiningsih, Agus Mardianto, Wismaningsih
{"title":"MODEL OF SISTER CITY COOPERATION IN ORDER TO IMPROVE REGIONAL DEVELOPMENT IN BANYUMAS REGENCY","authors":"Noer Indriyati, Sanyoto, Aryuni Yuliantiningsih, Agus Mardianto, Wismaningsih","doi":"10.20884/1.JDH.2016.16.2.562","DOIUrl":"https://doi.org/10.20884/1.JDH.2016.16.2.562","url":null,"abstract":"The world has entered an era of openness, the nation that choose to close from international relations will be excluded from modern civilization. Sister city is the concept of coupling of two different cities and political administration with the aim of establishing relationships of cultural and social contact between people. This paper used statutory approach, with a qualitative analysis of the juridical. Cooperation with overseas regions are snowball, which mean begins with one thematic cooperation and can be resume in other fields. Sister city cooperation can increase foreign exchange thereby increasing regional development. Cooperation in the Regency of Banyumas has yet to be realized, and reach new level of offerings to the country's area contact. Keywords: Authority, Banyumas Regency, Sister City.","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"16 1","pages":"156-164"},"PeriodicalIF":0.0,"publicationDate":"2016-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67592707","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: 1
THE OPTIMIZATION OF CORRUPTION PREVENTION TOWARDS INDONESIA CORRUPTION-FREE 优化预防腐败,实现印尼的无腐败
Journal of Dinamika Hukum Pub Date : 2016-02-24 DOI: 10.20884/1.JDH.2015.15.3.475
Hibnu Nugroho, Agus Raharjo, Pranoto
{"title":"THE OPTIMIZATION OF CORRUPTION PREVENTION TOWARDS INDONESIA CORRUPTION-FREE","authors":"Hibnu Nugroho, Agus Raharjo, Pranoto","doi":"10.20884/1.JDH.2015.15.3.475","DOIUrl":"https://doi.org/10.20884/1.JDH.2015.15.3.475","url":null,"abstract":"Prevention and eraducation of corruption case are the strategy which can’t be implemented separatly it should be done synergistically, integrated and concurrently to prevent a new corruptor generation and other new corruptor. So the problem comes on how the strategy which are prevention and eraducation corruption by Indonesian goverment to reach Indonesia free from corruption and what the obsacles in order to reach strategy prevention and eraducation of corruption that already done by Indonesiaan goverment. This research used empirical yuridical method with descriptive analysis, qualitatieve descriptive and conten analysis. By this research can be known that goverment already had preventive and solutive corruption strategy to solve corruption, but there is still be found obstacles such as oerlaping, weak supervison among institution, profesion that related with law enforcemen and not maximal enough witness and informl protection. Keyworld : corruption, prevention, optimalization.","PeriodicalId":30676,"journal":{"name":"Journal of Dinamika Hukum","volume":"15 1","pages":"239-244"},"PeriodicalIF":0.0,"publicationDate":"2016-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67592315","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
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