Pub Date : 2023-04-29DOI: 10.20884/1.jdh.2023.23.1.3392
F. Faisal, Riki Maulana, S. Sulaiman, S. Kunarti
The title of this research is taking over consumptive loans without collateral; (research study on Bank Syariah Mandiri Lhokseumawe). The approach method used is a qualitative descriptive approach. The results of the study, the implementation of the takeover of Multipurpose Micro credit of Bank Mandiri to Multipurpose financing of Bank Syariah Mandiri (BSM) by using a murabahah financing contract carried out by BSM Lhokseumawe Branch did not meet the pillars and contract requirements stipulated in the Sharia Economic Law Compilation. In the credit conversion process, it prioritizes the benefit aspect, namely leaving the disadvantages of the interest-based banking system towards the benefit of financing in Islamic banks in accordance with sharia principles. Expecting the importance of fulfilling sharia principles in the process of taking over credit without collateral from conventional banking into sharia banking products, the DSN-MUI needs to issue a fatwa to regulate the conversion of credit without collateral from conventional banking into sharia banking products.Keywords: consumer credit; financing; Islamic law, murabahah; sharia financial institution qanun.
{"title":"Taking Over Consumptive Loans Without Collateral: (Research Study on Bank Syariah Mandiri Lhokseumawe)","authors":"F. Faisal, Riki Maulana, S. Sulaiman, S. Kunarti","doi":"10.20884/1.jdh.2023.23.1.3392","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.1.3392","url":null,"abstract":"The title of this research is taking over consumptive loans without collateral; (research study on Bank Syariah Mandiri Lhokseumawe). The approach method used is a qualitative descriptive approach. The results of the study, the implementation of the takeover of Multipurpose Micro credit of Bank Mandiri to Multipurpose financing of Bank Syariah Mandiri (BSM) by using a murabahah financing contract carried out by BSM Lhokseumawe Branch did not meet the pillars and contract requirements stipulated in the Sharia Economic Law Compilation. In the credit conversion process, it prioritizes the benefit aspect, namely leaving the disadvantages of the interest-based banking system towards the benefit of financing in Islamic banks in accordance with sharia principles. Expecting the importance of fulfilling sharia principles in the process of taking over credit without collateral from conventional banking into sharia banking products, the DSN-MUI needs to issue a fatwa to regulate the conversion of credit without collateral from conventional banking into sharia banking products.Keywords: consumer credit; financing; Islamic law, murabahah; sharia financial institution qanun.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124517654","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}
Pub Date : 2023-04-28DOI: 10.20884/1.jdh.2023.23.1.3489
Anak Agung Sagung Laksmi Dewi, M. Rahayu, Anak Agung Ngurah Adhi Wibisana
Abstract The emergence of tourism as a major industry is one of the most remarkable changes that have occurred in global economic activity. Over the last three decades, issues related to the environment and sustainable development related to tourism, especially in Bali, have developed from a marginal topic into a focus of consideration and research. The purpose of this research is to find a novelty in the use of the concept of green tourism as a method that is seen as capable of supporting sustainable tourism development based on local wisdom, especially in Bali. The research used is normative legal research on Law no. 10 of 200b concerning Tourism with a statutory and conceptual approach. This study found that various statutory regulations, including Law no. 10 of 2009 concerning Tourism, namely through sustainable tourism all resources can be managed so as to meet needs and maintain cultural integrity, ecological dimension biodiversity, and system life.Keywords: Bali; Green Tourism; Sustainable Tourism; Local Wisdom.
{"title":"Green Tourism In Sustainable Tourism Development in Bali Based On Local Wisdom","authors":"Anak Agung Sagung Laksmi Dewi, M. Rahayu, Anak Agung Ngurah Adhi Wibisana","doi":"10.20884/1.jdh.2023.23.1.3489","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.1.3489","url":null,"abstract":"Abstract The emergence of tourism as a major industry is one of the most remarkable changes that have occurred in global economic activity. Over the last three decades, issues related to the environment and sustainable development related to tourism, especially in Bali, have developed from a marginal topic into a focus of consideration and research. The purpose of this research is to find a novelty in the use of the concept of green tourism as a method that is seen as capable of supporting sustainable tourism development based on local wisdom, especially in Bali. The research used is normative legal research on Law no. 10 of 200b concerning Tourism with a statutory and conceptual approach. This study found that various statutory regulations, including Law no. 10 of 2009 concerning Tourism, namely through sustainable tourism all resources can be managed so as to meet needs and maintain cultural integrity, ecological dimension biodiversity, and system life.Keywords: Bali; Green Tourism; Sustainable Tourism; Local Wisdom. ","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114731412","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}
Pub Date : 2023-04-28DOI: 10.20884/1.jdh.2023.23.1.3436
S. Sudjito
This study aims to analyze the maladministration of land acquisition for the public interest (Case study: Solo-Yogyakarta Toll Road). This type of research is juridical-normative. The nature of the research: descriptive-qualitative, meaning that it provides an overview of the problem/object being studied. The data studied were limited to secondary data. Sources of data: documents, archives, previous research results, and other validated sources. Data analysis was carried out through the following stages: data reduction, data display, data processing, and data meaning. Conclusions are drawn inductively. The results of the study show: (1). It is true that there has been maladministration in land acquisition. The committee has carried out deceitful practice, namely the practice of lying or being dishonest to the public regarding the contents of the regulation, as well as the assessment of compensation; (2). In the practice of providing compensation for non-physical components, it is not discussed, and is not taken into account, so that the amount of compensation is low; (3). The former holders of land rights feel very disadvantaged because non-physical compensation which includes: moving costs, solatium, PPAT fees, BPHTB fees, and waiting interest expenses, are not taken into account. In fact, these costs are the rights of the people affected by the land acquisition. In order to buy replacement land or move, they had to pay for it themselves.Keywords: Maladministration, compensation, land acquisition
{"title":"Maladministration In Land Acquisition Of Public Interest (Case Study: Solo-Yogyakarta Highway Project)","authors":"S. Sudjito","doi":"10.20884/1.jdh.2023.23.1.3436","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.1.3436","url":null,"abstract":"This study aims to analyze the maladministration of land acquisition for the public interest (Case study: Solo-Yogyakarta Toll Road). This type of research is juridical-normative. The nature of the research: descriptive-qualitative, meaning that it provides an overview of the problem/object being studied. The data studied were limited to secondary data. Sources of data: documents, archives, previous research results, and other validated sources. Data analysis was carried out through the following stages: data reduction, data display, data processing, and data meaning. Conclusions are drawn inductively. The results of the study show: (1). It is true that there has been maladministration in land acquisition. The committee has carried out deceitful practice, namely the practice of lying or being dishonest to the public regarding the contents of the regulation, as well as the assessment of compensation; (2). In the practice of providing compensation for non-physical components, it is not discussed, and is not taken into account, so that the amount of compensation is low; (3). The former holders of land rights feel very disadvantaged because non-physical compensation which includes: moving costs, solatium, PPAT fees, BPHTB fees, and waiting interest expenses, are not taken into account. In fact, these costs are the rights of the people affected by the land acquisition. In order to buy replacement land or move, they had to pay for it themselves.Keywords: Maladministration, compensation, land acquisition","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115457678","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}
Pub Date : 2023-02-22DOI: 10.20884/1.jdh.2023.23.1.2420
H. Purwadi, Arief Suryono, Siti Muslimah
This article aims to analyse the challenges of legal functionality as an instrument for transforming indigenous villages from ‘traditional’ to ‘modern.’ This is a post-new-order historical impetus for the coincidence of indigenous and nationalism as a sign of the resurgence of indigenous peoples. In the context of the legal function for social change, the Village Law creates a large gap between traditional and modern villages. This paper is based on the research with the paradigm of law in context and can be categorized as socio-legal research, which perceives law from an interdisciplinary perspective. The results indicate that under the umbrella of the Village Law, the existing legal frameworks fail to achieve the regulatory objectives. Indigenous people's diverse and complex structure throughout Indonesia appears to be less considered. Thus, the laws do not sufficiently stimulate change through the modern indigenous village model.Keywords: indigenous village; legal function; indigenism; indigenous people; nationalism.
{"title":"The Failure in the Coincidence of Indigenism and Nationalism in the Recognition of Indigenous Villages","authors":"H. Purwadi, Arief Suryono, Siti Muslimah","doi":"10.20884/1.jdh.2023.23.1.2420","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.1.2420","url":null,"abstract":"This article aims to analyse the challenges of legal functionality as an instrument for transforming indigenous villages from ‘traditional’ to ‘modern.’ This is a post-new-order historical impetus for the coincidence of indigenous and nationalism as a sign of the resurgence of indigenous peoples. In the context of the legal function for social change, the Village Law creates a large gap between traditional and modern villages. This paper is based on the research with the paradigm of law in context and can be categorized as socio-legal research, which perceives law from an interdisciplinary perspective. The results indicate that under the umbrella of the Village Law, the existing legal frameworks fail to achieve the regulatory objectives. Indigenous people's diverse and complex structure throughout Indonesia appears to be less considered. Thus, the laws do not sufficiently stimulate change through the modern indigenous village model.Keywords: indigenous village; legal function; indigenism; indigenous people; nationalism.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115986546","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}
Pub Date : 2023-02-20DOI: 10.20884/1.jdh.2023.23.1.3231
D. Iriani, M. Fauzan, Sri Hastuti Puspitasari, Arief Budiono
Indonesia held presidential, regional head, and legislative elections (elections) in 2019. Many Indonesians are apathetic towards elections. The problems in this research are: How can citizens guarantee their right to determine regional leaders through elections and what obstacles do citizens face in choosing democratic leaders who have integrity? This is normative legal research conducted by tracing the regulations related to the problem under study. Citizen guarantees in determining regional leaders through elections are regulated in Law no. 39 of 1999 concerning Human Rights, Article 23 paragraph (1); Article 43 paragraph (1); Article 1, paragraph 3); Articles 28D, E
{"title":"Citizen Guarantees in Determining National Leaders Through Elections and Democratic Integrity","authors":"D. Iriani, M. Fauzan, Sri Hastuti Puspitasari, Arief Budiono","doi":"10.20884/1.jdh.2023.23.1.3231","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.1.3231","url":null,"abstract":"Indonesia held presidential, regional head, and legislative elections (elections) in 2019. Many Indonesians are apathetic towards elections. The problems in this research are: How can citizens guarantee their right to determine regional leaders through elections and what obstacles do citizens face in choosing democratic leaders who have integrity? This is normative legal research conducted by tracing the regulations related to the problem under study. Citizen guarantees in determining regional leaders through elections are regulated in Law no. 39 of 1999 concerning Human Rights, Article 23 paragraph (1); Article 43 paragraph (1); Article 1, paragraph 3); Articles 28D, E","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"325 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133704674","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}
Pub Date : 2023-02-06DOI: 10.20884/1.jdh.2023.23.1.3326
Danial Danial, Belardo Prasetya Mega Jaya, Febi Sasti Rahayu
On July 12 2019, there was a pipe leak and a gas bubble oil spill belonging to PT Pertamina. PT Pertamina's pipeline leak in Karawang waters which has an impact from the oil spill threatens the ecosystem and the people around Karawang waters. Marine pollution cannot be seen only as a problem that occurs in the sea, because the oceans and land are an ecosystem unit that cannot be separated and are affected by one another. As a result of this incident, a problem arose regarding PT Pertamina's legal liability due to a pipe leak that caused marine pollution in Karawang waters. This research uses the normative juridical method. The purpose of this research is to find out the regulation of marine pollution actions carried out by PT Pertamina in the offshore area and to analyze the form of accountability. The results of the study can be concluded, firstly, that the regulation of marine pollution actions based on UNCLOS 1982 is contained in Articles 192, 194, 195, 196 and Law Number 32 of 2009 concerning Environmental Protection and Management. Secondly, in the form of liability for marine environmental pollution as a result of PT Pertamina's oil spill, there are three legal responsibilities (administrative liability, civil liability, and criminal liability).Keywords: Marine Pollution, Oil Spills, Accountability, UNCLOS 1982.
{"title":"Marine Pollution by State-Owned Companies in Offshore Areas Reviewed Based on the 1982 UNCLOS (Case Study: Oil Spill by PT Pertamina in Offshore Area of North Karawang)","authors":"Danial Danial, Belardo Prasetya Mega Jaya, Febi Sasti Rahayu","doi":"10.20884/1.jdh.2023.23.1.3326","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.1.3326","url":null,"abstract":"On July 12 2019, there was a pipe leak and a gas bubble oil spill belonging to PT Pertamina. PT Pertamina's pipeline leak in Karawang waters which has an impact from the oil spill threatens the ecosystem and the people around Karawang waters. Marine pollution cannot be seen only as a problem that occurs in the sea, because the oceans and land are an ecosystem unit that cannot be separated and are affected by one another. As a result of this incident, a problem arose regarding PT Pertamina's legal liability due to a pipe leak that caused marine pollution in Karawang waters. This research uses the normative juridical method. The purpose of this research is to find out the regulation of marine pollution actions carried out by PT Pertamina in the offshore area and to analyze the form of accountability. The results of the study can be concluded, firstly, that the regulation of marine pollution actions based on UNCLOS 1982 is contained in Articles 192, 194, 195, 196 and Law Number 32 of 2009 concerning Environmental Protection and Management. Secondly, in the form of liability for marine environmental pollution as a result of PT Pertamina's oil spill, there are three legal responsibilities (administrative liability, civil liability, and criminal liability).Keywords: Marine Pollution, Oil Spills, Accountability, UNCLOS 1982.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130654704","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}
Pub Date : 2023-02-06DOI: 10.20884/1.jdh.2023.23.1.2351
Nayla Alawiya, N. Utami, Ulil Afwa
Hospitals as health service institutions with legal entities are places that are prone to disputes. Article 60 Law no. 44 of 2009 assigned the Provincial Hospital Supervisory Board to receive complaints and make efforts to resolve disputes employing mediation. An analysis of the forms of hospital disputes and their settlement model through the Provincial Hospital Supervisory Board is very important to be done to avoid misinterpretation and provide legal certainty about who is the authorized party to handle them. The research method used was normative juridical and empirical juridical. The results of this study are to obtain an analysis of the forms of complaints that can be submitted to the Provincial Hospital Supervisory Board including disputes over hospitals as health service facilities where medical personnel and health workers provide health services that are detrimental to patients; disputes between the hospital as a health service facility and the patient as the recipient of health services related to the implementation of the obligations of both parties; disputes between the hospital as a legal entity and the hospital workforce related to internal management; the disputes between hospital as a legal entity and the third parties related to non-medical cooperation; the disputes between hospital as a legal entity and the environment. The hospital dispute resolution model implemented by the Provincial Hospital Supervisory Board of Yogyakarta includes the hospital dispute resolution model by the Provincial Hospital Supervisory Board in collaboration with hospitals, the Hospital Supervisory Board, Provincial Health Office, Provincial Legal Representatives (Ombudsman), YLKI , and PERSI .
{"title":"Hospital Dispute Settlement Through the Provincial Hospital Supervisory Board in Indonesian Health Law (A Study in Yogyakarta Province)","authors":"Nayla Alawiya, N. Utami, Ulil Afwa","doi":"10.20884/1.jdh.2023.23.1.2351","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.1.2351","url":null,"abstract":"Hospitals as health service institutions with legal entities are places that are prone to disputes. Article 60 Law no. 44 of 2009 assigned the Provincial Hospital Supervisory Board to receive complaints and make efforts to resolve disputes employing mediation. An analysis of the forms of hospital disputes and their settlement model through the Provincial Hospital Supervisory Board is very important to be done to avoid misinterpretation and provide legal certainty about who is the authorized party to handle them. The research method used was normative juridical and empirical juridical. The results of this study are to obtain an analysis of the forms of complaints that can be submitted to the Provincial Hospital Supervisory Board including disputes over hospitals as health service facilities where medical personnel and health workers provide health services that are detrimental to patients; disputes between the hospital as a health service facility and the patient as the recipient of health services related to the implementation of the obligations of both parties; disputes between the hospital as a legal entity and the hospital workforce related to internal management; the disputes between hospital as a legal entity and the third parties related to non-medical cooperation; the disputes between hospital as a legal entity and the environment. The hospital dispute resolution model implemented by the Provincial Hospital Supervisory Board of Yogyakarta includes the hospital dispute resolution model by the Provincial Hospital Supervisory Board in collaboration with hospitals, the Hospital Supervisory Board, Provincial Health Office, Provincial Legal Representatives (Ombudsman), YLKI , and PERSI .","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125569444","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}
Pub Date : 2023-02-06DOI: 10.20884/1.jdh.2023.23.1.3267
Fernando Hasiholan Manalu, Retno Saraswati, Devi Yulida
Signing by the President is one of the stages in the formation of a law. The constitutional facts show that the President has several times not signed draft a bill that has been mutually agreed upon. The author is interested in discussing: The practice of the President not signing draft laws that have been approved with the House of Representatives. Second; political law interpretation on the President's actions not sign for draft law that is agreed with the House of Representatives. This paper uses a normative juridical approach with a statutory and conceptual approach and is then analyzed deductively. The results obtained are that several laws were passed without the President's approval, which are then analyzed from grammatical, historical, comparative, structural and theological interpretations. On this issue, the authors suggest that there be an agreement in the persona of the President, as well as the President's clear reasons for refusing to sign the bill
{"title":"Political Law Interpretation on President’s Refusal to Sign an Approved Bill with the House of Representatives","authors":"Fernando Hasiholan Manalu, Retno Saraswati, Devi Yulida","doi":"10.20884/1.jdh.2023.23.1.3267","DOIUrl":"https://doi.org/10.20884/1.jdh.2023.23.1.3267","url":null,"abstract":"Signing by the President is one of the stages in the formation of a law. The constitutional facts show that the President has several times not signed draft a bill that has been mutually agreed upon. The author is interested in discussing: The practice of the President not signing draft laws that have been approved with the House of Representatives. Second; political law interpretation on the President's actions not sign for draft law that is agreed with the House of Representatives. This paper uses a normative juridical approach with a statutory and conceptual approach and is then analyzed deductively. The results obtained are that several laws were passed without the President's approval, which are then analyzed from grammatical, historical, comparative, structural and theological interpretations. On this issue, the authors suggest that there be an agreement in the persona of the President, as well as the President's clear reasons for refusing to sign the bill","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122695105","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}
Pub Date : 2022-12-31DOI: 10.20884/1.jdh.2022.22.3.2967
Alef Musyahadah Rahmah, Nayla Alawiya
Women's participation in village development is still low and many are dominated by men. In fact, the support of women in Village development is the determining achievement of development done in the village. One of the women's support in village development through the representation of women in BPD membership, because BPD has a strategic role as an institution that directly faced with the community to better understand the needs of society. Departing from the fact, this article focuses on optimizing the fulfillment of women's representation in the membership of BPD, especially in Banyumas district. This research is a qualitative study with a juridical approach empirical. The field of regulation needs to be formed by Banyumas Perda of BPD which refers to Regulation of Internal Affairs Ministry number 110 year 2016 to give guarantee to women through quota 1 (one) woman in the replenishment of BPD membership. People also need to improve their legal awareness and community paradigm change about gender roles and gender relations.Keywords: BPD; optimization; village development; women's representation
{"title":"Optimizing the Fulfillment of Women's Representative Rights at the Village Consultative Body (BPD) in Banyumas Regency as an Effort to Increase Women's Participation in Village Development (Gender Perspective)","authors":"Alef Musyahadah Rahmah, Nayla Alawiya","doi":"10.20884/1.jdh.2022.22.3.2967","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.3.2967","url":null,"abstract":"Women's participation in village development is still low and many are dominated by men. In fact, the support of women in Village development is the determining achievement of development done in the village. One of the women's support in village development through the representation of women in BPD membership, because BPD has a strategic role as an institution that directly faced with the community to better understand the needs of society. Departing from the fact, this article focuses on optimizing the fulfillment of women's representation in the membership of BPD, especially in Banyumas district. This research is a qualitative study with a juridical approach empirical. The field of regulation needs to be formed by Banyumas Perda of BPD which refers to Regulation of Internal Affairs Ministry number 110 year 2016 to give guarantee to women through quota 1 (one) woman in the replenishment of BPD membership. People also need to improve their legal awareness and community paradigm change about gender roles and gender relations.Keywords: BPD; optimization; village development; women's representation","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114994655","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}
Pub Date : 2022-12-31DOI: 10.20884/1.jdh.2022.22.3.3355
S. Wahyudi, A. Angkasa, D. H. Retnaningrum, Eriene Chindi Octaviandini
Terrorist prisoners are characterized by the nature of radicalism that can endanger the existence of the Indonesian state. For this reason, while serving their prison sentences they are treated to a coaching program aimed at deradicalization. Concerning optimizing the development of prisoners, there are provisions of the Regulation of the Minister of Law and Human Rights Number 35 of 2018 concerning the Revitalization of Correctional Services. The revitalization of the implementation of the requirement is intended to improve the implementation of correctional duties and functions. This research is the first problem, how is the effectiveness of the revitalization of prisons in the development of terrorist prisoners, and the second is the factors that become obstacles in the effectiveness of the revitalization of coaching of terrorist prisoners. Research methods with a sociological juridical approach method, data in the form of primary data and secondary data taken from research locations at the Cipinang Jakarta Prison, Cirebon Prison, and Batu Malang Correctional Institution. Data analysis using qualitative analysis. The results of the study found that the revitalization of correctional services in the development of terrorist prisoners have not been effective because there has not been a complete creation of deradicalization. Obstacles to the effectiveness of the revitalization of coaching of terrorist prisoners are the legal structure factor and the legal cultural factor in terrorist prisoners. For ordinary prisoner coaches who are assigned the task of fostering terrorist prisoners (deradicalization), it is necessary to provide education and training on profiling and assessment of terrorist prisoners.Keywords:Deradicalization; Terrorist Prisoners; Revitalization
{"title":"The Effectiveness of the Revitalization of Correctional Services in the Development of Terrorist Prisoners","authors":"S. Wahyudi, A. Angkasa, D. H. Retnaningrum, Eriene Chindi Octaviandini","doi":"10.20884/1.jdh.2022.22.3.3355","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.3.3355","url":null,"abstract":"Terrorist prisoners are characterized by the nature of radicalism that can endanger the existence of the Indonesian state. For this reason, while serving their prison sentences they are treated to a coaching program aimed at deradicalization. Concerning optimizing the development of prisoners, there are provisions of the Regulation of the Minister of Law and Human Rights Number 35 of 2018 concerning the Revitalization of Correctional Services. The revitalization of the implementation of the requirement is intended to improve the implementation of correctional duties and functions. This research is the first problem, how is the effectiveness of the revitalization of prisons in the development of terrorist prisoners, and the second is the factors that become obstacles in the effectiveness of the revitalization of coaching of terrorist prisoners. Research methods with a sociological juridical approach method, data in the form of primary data and secondary data taken from research locations at the Cipinang Jakarta Prison, Cirebon Prison, and Batu Malang Correctional Institution. Data analysis using qualitative analysis. The results of the study found that the revitalization of correctional services in the development of terrorist prisoners have not been effective because there has not been a complete creation of deradicalization. Obstacles to the effectiveness of the revitalization of coaching of terrorist prisoners are the legal structure factor and the legal cultural factor in terrorist prisoners. For ordinary prisoner coaches who are assigned the task of fostering terrorist prisoners (deradicalization), it is necessary to provide education and training on profiling and assessment of terrorist prisoners.Keywords:Deradicalization; Terrorist Prisoners; Revitalization ","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126326944","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}
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