Pub Date : 2022-12-26DOI: 10.20884/1.jdh.2022.22.1.3425
M. Mukhidin, A. Hamzani
Banking credit is a basic need for the community, especially business actors. In the development of Mortgage Rights in Indonesia, the Government provides services including electronically integrated Registration of Mortgage Rights based on the Regulation of the Head of the National Land Agency No. 9 of 2019 and ATR/BPN Ministerial Regulation No. 5 of 2020 concerning Electronic Mortgage Services and / or hereinafter referred to as "HT-el". The problems formulated in this study are first, what are the problems in the implementation of Electronic Mortgage Rights in the banking world? Second, how to solve the problems faced by users of Electronic Mortgage Rights services for the banking world. Problems / obstacles in the implementation of Electronic Mortgage services based on ATR/BPN Ministerial Regulation No. 5 of 2020, which has been implemented simultaneously nationally since July 8, 2020, are many and have become a challenge for Electronic Mortgage Users, especially Land Deed Officials and Creditors The resolution of problems and obstacles faced by Electronic Mortgage Users, especially Land Deed Officials and Creditors, refers to the Technical Guidelines made by the Ministry of ATR / KBPN, April 29, 2020 because basically these problems and obstacles are mostly related to the IT system and the Electronic HT Service server. Users (Land Deed Official and Creditors) must always confirm these IT problems to the Electronic HT service organizer, namely the local Land Office, so that Electronic Mortgage Users, in this case Land Deed Official and Creditors, must be skilled and adequate in using all the tools needed to complete the granting of Mortgage Rights until the Electronic Mortgage Rights Certificate is issued.Keywords: Problematics, Electronic Mortgage, Banking
{"title":"Problems of Electronic Mortgage Implementation for the Banking Activities","authors":"M. Mukhidin, A. Hamzani","doi":"10.20884/1.jdh.2022.22.1.3425","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.1.3425","url":null,"abstract":"Banking credit is a basic need for the community, especially business actors. In the development of Mortgage Rights in Indonesia, the Government provides services including electronically integrated Registration of Mortgage Rights based on the Regulation of the Head of the National Land Agency No. 9 of 2019 and ATR/BPN Ministerial Regulation No. 5 of 2020 concerning Electronic Mortgage Services and / or hereinafter referred to as \"HT-el\". The problems formulated in this study are first, what are the problems in the implementation of Electronic Mortgage Rights in the banking world? Second, how to solve the problems faced by users of Electronic Mortgage Rights services for the banking world. Problems / obstacles in the implementation of Electronic Mortgage services based on ATR/BPN Ministerial Regulation No. 5 of 2020, which has been implemented simultaneously nationally since July 8, 2020, are many and have become a challenge for Electronic Mortgage Users, especially Land Deed Officials and Creditors The resolution of problems and obstacles faced by Electronic Mortgage Users, especially Land Deed Officials and Creditors, refers to the Technical Guidelines made by the Ministry of ATR / KBPN, April 29, 2020 because basically these problems and obstacles are mostly related to the IT system and the Electronic HT Service server. Users (Land Deed Official and Creditors) must always confirm these IT problems to the Electronic HT service organizer, namely the local Land Office, so that Electronic Mortgage Users, in this case Land Deed Official and Creditors, must be skilled and adequate in using all the tools needed to complete the granting of Mortgage Rights until the Electronic Mortgage Rights Certificate is issued.Keywords: Problematics, Electronic Mortgage, Banking","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"320 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":"130485262","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 : 2022-12-24DOI: 10.20884/1.jdh.2022.22.3.3108
Indah Cahyani, Gatoet Poernomo, Helmy Boemiya
Looking for the ideal format of the philosophy of Pancasila embodiment is a scientific article aimed at solving legal problems related to the position of Pancasila in legal construction in Indonesia. It happens because of the unconsistency in the Indonesian legal system. The purpose of this study is to find the most appropriate embodiment of the Pancasila philosophy in the Indonesian legal system. It is an effort in order that the Indonesian legal system has “tools” to ensure or “force” the consistency with in Indonesian legal system itself. This study uses a conceptual approach and a legal history approach. The researcher finds that the use of Pancasila philosophy in the construction of the Indonesian legal system is inconsistent. The results of the study conclude that Pancasila needs to be embodied, in order that the law in Indonesia can be more consistent with the goals of the philosophy of the state. The results of this paper recommend that Pancasila, as a philosophy, is the domain of the institution holding the people's sovereignty; that is the House of Representatives and is not an executive domain with the HIP Bill or with the executive-made BPIP institution.
{"title":"Pancasila: Looking For the Ideal Format of State Philosophy Embodiment","authors":"Indah Cahyani, Gatoet Poernomo, Helmy Boemiya","doi":"10.20884/1.jdh.2022.22.3.3108","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.3.3108","url":null,"abstract":"Looking for the ideal format of the philosophy of Pancasila embodiment is a scientific article aimed at solving legal problems related to the position of Pancasila in legal construction in Indonesia. It happens because of the unconsistency in the Indonesian legal system. The purpose of this study is to find the most appropriate embodiment of the Pancasila philosophy in the Indonesian legal system. It is an effort in order that the Indonesian legal system has “tools” to ensure or “force” the consistency with in Indonesian legal system itself. This study uses a conceptual approach and a legal history approach. The researcher finds that the use of Pancasila philosophy in the construction of the Indonesian legal system is inconsistent. The results of the study conclude that Pancasila needs to be embodied, in order that the law in Indonesia can be more consistent with the goals of the philosophy of the state. The results of this paper recommend that Pancasila, as a philosophy, is the domain of the institution holding the people's sovereignty; that is the House of Representatives and is not an executive domain with the HIP Bill or with the executive-made BPIP institution.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132337824","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 : 2022-12-23DOI: 10.20884/1.jdh.2022.22.3.3112
J. Juanda, Ogiandafiz Juanda
The title of this research is the legal politics of the formation of regional regulations based on positive law. The formulation of problem is how the legal politics of the formation of regional regulations based on positive law in Indonesia? The methods of the research: 1. The type of research is normative. 2. The approach used is a legal approach and is complemented by a political approach. 3. The legal materials used are primary and secondary legal materials. 4. The method of analysis is a qualitative juridical analysis. The results of the research indicate that the legal politics of the formation of regional regulations is part or a sub-system of the legal politics of the formation of national legislation (national law). The legal politics of the formation of regional regulations is not only bound and guided by the basis of state philosophy, theory, Unitary form of state, principles, content material, statutory regulations, but can also contain material on the implementation of regional autonomy, co-administration tasks, further elaboration, provisions of higher laws and regulations. Furthermore, it may also contain local content material in accordance with the provisions of laws and regulations. In addition, the legal politics of the formation of regional regulations seeks to strengthen the unitary state and actualize regional regulations that are aspirational, responsive, accountable, efficient, effective and functional.Keywords: legal politics, formation, regional regulations
{"title":"Legal Politics of The Formation of Regional Regulations Based on Positive Law","authors":"J. Juanda, Ogiandafiz Juanda","doi":"10.20884/1.jdh.2022.22.3.3112","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.3.3112","url":null,"abstract":"The title of this research is the legal politics of the formation of regional regulations based on positive law. The formulation of problem is how the legal politics of the formation of regional regulations based on positive law in Indonesia? The methods of the research: 1. The type of research is normative. 2. The approach used is a legal approach and is complemented by a political approach. 3. The legal materials used are primary and secondary legal materials. 4. The method of analysis is a qualitative juridical analysis. The results of the research indicate that the legal politics of the formation of regional regulations is part or a sub-system of the legal politics of the formation of national legislation (national law). The legal politics of the formation of regional regulations is not only bound and guided by the basis of state philosophy, theory, Unitary form of state, principles, content material, statutory regulations, but can also contain material on the implementation of regional autonomy, co-administration tasks, further elaboration, provisions of higher laws and regulations. Furthermore, it may also contain local content material in accordance with the provisions of laws and regulations. In addition, the legal politics of the formation of regional regulations seeks to strengthen the unitary state and actualize regional regulations that are aspirational, responsive, accountable, efficient, effective and functional.Keywords: legal politics, formation, regional regulations","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124518856","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 : 2022-12-22DOI: 10.20884/1.jdh.2022.22.3.3319
Soediro Soediro, Wahyu Puspita Kinanti, M. Muhammad
Buying and selling land has become a natural thing in Indonesia. The need for land is increasing daily along with the increase in the human population. In buying and selling land, one must pay attention to the ownership of the land, one of which is inheritance land. This study aims to determine the juridical review and legal consequences of the sale and purchase of disputed inheritance land without going through the Land Deed Maker Official (PPAT). The method used in this research is normative juridical employing library research and analyzing the applicable laws and regulations related to the legal issues under study. Before the sale and purchase transaction, the land was divided among each heir under the deed of distribution of inheritance must be ensured. Then to ensure legal certainty, the sale and purchase of the inherited land must be carried out before the PPAT. Buyers must also be careful in buying and selling inherited land by checking the juridical truth of the land data and checking directly to find out the history of land ownership from the party closest to the land's location.Keywords: Buy and Sell; Inherited Land; Land Deed Maker Official.
{"title":"Settlement of Disputed Inheritance Sale and Purchase Cases without going through PPAT in Klinting Village, Somagede District, Banyumas Regency","authors":"Soediro Soediro, Wahyu Puspita Kinanti, M. Muhammad","doi":"10.20884/1.jdh.2022.22.3.3319","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.3.3319","url":null,"abstract":"Buying and selling land has become a natural thing in Indonesia. The need for land is increasing daily along with the increase in the human population. In buying and selling land, one must pay attention to the ownership of the land, one of which is inheritance land. This study aims to determine the juridical review and legal consequences of the sale and purchase of disputed inheritance land without going through the Land Deed Maker Official (PPAT). The method used in this research is normative juridical employing library research and analyzing the applicable laws and regulations related to the legal issues under study. Before the sale and purchase transaction, the land was divided among each heir under the deed of distribution of inheritance must be ensured. Then to ensure legal certainty, the sale and purchase of the inherited land must be carried out before the PPAT. Buyers must also be careful in buying and selling inherited land by checking the juridical truth of the land data and checking directly to find out the history of land ownership from the party closest to the land's location.Keywords: Buy and Sell; Inherited Land; Land Deed Maker Official.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133588105","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 : 2022-12-14DOI: 10.20884/1.jdh.2022.22.2.3204
Yustika Irianita Fanty
The implementation of policies issued by the Government to overcome the Covid-19 Pandemic has an impact on the provision of Legal Aid services by Legal Aid Providers to Legal Aid Recipients in West Kalimantan, the effectiveness of providing legal aid to the community. This research is juridical-normative. Sources of legal materials consist of primary data and secondary data which include primary and secondary legal materials. The technique of data collection is by collecting primary data through interviews with resources and data from the Legal Aid Administration System of the National Law Development Agency, secondary data collection through literature and document study methods. The results of the research that focus on the provision of legal aid by Legal Aid Providers in West Kalimantan are the policies taken by the Government in tackling the Covid-19 Pandemic, whether in the form of limiting community crowds or hearings and online visits for correctional inmates, which have quite an impact on the provision of legal aid. However, it does not reduce the effectiveness of the implementation of the provision of legal aid to fulfil the right to access to law and justice for the community, especially the poor in West Kalimantan during the Covid-19 Pandemic.
{"title":"The Effectiveness of Providing Legal Aid to the Poor in West Kalimantan Province During the Covid-19 Pandemic","authors":"Yustika Irianita Fanty","doi":"10.20884/1.jdh.2022.22.2.3204","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.2.3204","url":null,"abstract":"The implementation of policies issued by the Government to overcome the Covid-19 Pandemic has an impact on the provision of Legal Aid services by Legal Aid Providers to Legal Aid Recipients in West Kalimantan, the effectiveness of providing legal aid to the community. This research is juridical-normative. Sources of legal materials consist of primary data and secondary data which include primary and secondary legal materials. The technique of data collection is by collecting primary data through interviews with resources and data from the Legal Aid Administration System of the National Law Development Agency, secondary data collection through literature and document study methods. The results of the research that focus on the provision of legal aid by Legal Aid Providers in West Kalimantan are the policies taken by the Government in tackling the Covid-19 Pandemic, whether in the form of limiting community crowds or hearings and online visits for correctional inmates, which have quite an impact on the provision of legal aid. However, it does not reduce the effectiveness of the implementation of the provision of legal aid to fulfil the right to access to law and justice for the community, especially the poor in West Kalimantan during the Covid-19 Pandemic.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132775741","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 : 2022-12-14DOI: 10.20884/1.jdh.2022.22.2.3257
Sulvia Triana Hapsari, A. Madjid, N. Aprilianda
Quadruple helix is a quality of legal audit system in various aspects that provides effectiveness and efficiency in the application of law in society. Business (tijarah) is one of the main components in the Islamic economics. Therefore, Islam recommends its adherents to engage in this field professionally (itqan), so that they can benefit themselves, their families and Muslims in general. The formulation of the problem is what is the role of the quadruple helix in Islamic economics in Indonesia? The research method used is normative juridical. This type of legal research is carried out by examining secondary data in the field of law as library data using deductive thinking methods. The approach used in addressing the problem is to use the statutory approach (statue approach). The conclusion is that with the quadruple helix the application of regulations related to Islamic economics can achieve legal goals in Indonesia.Keywords: sharia economics; quality of legal audit; effectiveness and efficiency.
{"title":"Quadruple in Development Sharia Economics in Indonesia","authors":"Sulvia Triana Hapsari, A. Madjid, N. Aprilianda","doi":"10.20884/1.jdh.2022.22.2.3257","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.2.3257","url":null,"abstract":"Quadruple helix is a quality of legal audit system in various aspects that provides effectiveness and efficiency in the application of law in society. Business (tijarah) is one of the main components in the Islamic economics. Therefore, Islam recommends its adherents to engage in this field professionally (itqan), so that they can benefit themselves, their families and Muslims in general. The formulation of the problem is what is the role of the quadruple helix in Islamic economics in Indonesia? The research method used is normative juridical. This type of legal research is carried out by examining secondary data in the field of law as library data using deductive thinking methods. The approach used in addressing the problem is to use the statutory approach (statue approach). The conclusion is that with the quadruple helix the application of regulations related to Islamic economics can achieve legal goals in Indonesia.Keywords: sharia economics; quality of legal audit; effectiveness and efficiency.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123265083","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 : 2022-08-12DOI: 10.20884/1.jdh.2021.21.3.3256
Agus Raharjo
There is no guarantee of security in cyberspace. Cybercrime is the use of computer technology for illegal activities. Cybercrime ignores territory, and can even become an automatic crime according to the nature of the machine. The crime prevention model, which has been more reactive and only suitable for the real world, is not an effective way to deal with cybercrime. This research is normative legal research, with the main data source in the form of secondary data. Hacking is an illegal activity that takes many victims and its handling is not complete. The difficulty that arises is the issue of jurisdiction because perpetrators and victims are often in different jurisdictions. Although legal instruments have adopted provisions on the principle of ubiquity, in practice it is not as easy as imagined. The Bangkok International Summit (2007) invites countries to promote cyber security by increasing and developing international global partnerships to prevent, detect, and cybercrime, but this has not been implemented properly. For this reason, it is necessary to develop the principle of criminal responsibility which can be an incentive in overcoming cybercrime.Keywords: cybercrime; hacking; ubiquity; criminal responsibility
{"title":"Prevention of Cybercrime through the Development of Criminal Responsibility Principles for Internet Users","authors":"Agus Raharjo","doi":"10.20884/1.jdh.2021.21.3.3256","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.3.3256","url":null,"abstract":"There is no guarantee of security in cyberspace. Cybercrime is the use of computer technology for illegal activities. Cybercrime ignores territory, and can even become an automatic crime according to the nature of the machine. The crime prevention model, which has been more reactive and only suitable for the real world, is not an effective way to deal with cybercrime. This research is normative legal research, with the main data source in the form of secondary data. Hacking is an illegal activity that takes many victims and its handling is not complete. The difficulty that arises is the issue of jurisdiction because perpetrators and victims are often in different jurisdictions. Although legal instruments have adopted provisions on the principle of ubiquity, in practice it is not as easy as imagined. The Bangkok International Summit (2007) invites countries to promote cyber security by increasing and developing international global partnerships to prevent, detect, and cybercrime, but this has not been implemented properly. For this reason, it is necessary to develop the principle of criminal responsibility which can be an incentive in overcoming cybercrime.Keywords: cybercrime; hacking; ubiquity; criminal responsibility","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129348764","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 : 2022-08-12DOI: 10.20884/1.jdh.2022.22.1.3247
Yuniar F Danil, Agung Faris Sintusa, Teguh Bayu Aji
Drug abuse is an extraordinary crime that destroys the order of family life,society and the school environment, even directly or indirectly threatening thecontinuity of development and the future of the nation and state. In Indonesia,narcotics have reached an alarming level and can threaten the security andsovereignty of the country. Many cases are caused by drug use cases. If viewedfrom the juridical aspect, the existence of narcotics is legal. Law Number 35 of2009 concerning Narcotics only prohibits the use of narcotics that are not inaccordance with the provisions of the law. The method used in this article uses library research with descriptive analysis specifications and uses a statutory approach and a case approach. While the materials used are primary legal materials, secondary legal materials and thesis legal materials with data collection techniques based on library research and technical data analysis using deductive methods.Keywords: Children, Youth Generations, Drug Abuse, Crime
{"title":"Law Enforcement in The Eradication of Criminal Acts in Children and Youth Generations","authors":"Yuniar F Danil, Agung Faris Sintusa, Teguh Bayu Aji","doi":"10.20884/1.jdh.2022.22.1.3247","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.1.3247","url":null,"abstract":"Drug abuse is an extraordinary crime that destroys the order of family life,society and the school environment, even directly or indirectly threatening thecontinuity of development and the future of the nation and state. In Indonesia,narcotics have reached an alarming level and can threaten the security andsovereignty of the country. Many cases are caused by drug use cases. If viewedfrom the juridical aspect, the existence of narcotics is legal. Law Number 35 of2009 concerning Narcotics only prohibits the use of narcotics that are not inaccordance with the provisions of the law. The method used in this article uses library research with descriptive analysis specifications and uses a statutory approach and a case approach. While the materials used are primary legal materials, secondary legal materials and thesis legal materials with data collection techniques based on library research and technical data analysis using deductive methods.Keywords: Children, Youth Generations, Drug Abuse, Crime","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131753335","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 : 2022-07-25DOI: 10.20884/1.jdh.2022.22.1.3178
Imam Asmarudin
Hermeneutics is a form of interpretation and interpretation of a text in legal philosophy, in practice it is also used in the considerations of constitutional judges to interpret and interpret a law, one of which is in the formal examination of the work copyright law which is the pros and cons because using the Omnibus Law method. This study aims to find out how the struggle between positivistic and progressive legal thinking and the reality of the art of hermeneutics as a means of legal development, the research method uses the legal research method through the statute approach, conceptual approach, and case approach, the data analysis is descriptive qualitative, the research results show The struggles of Legal Positivism and Progressive Thought in the decision actually met at one point, both of them acknowledged that Omnibus Law was a method of future legislation formation and interpretation through the art of Hermeneutics became a means of making a legal construction, which in the end could become a means of developing law forward.Keywords: hermeneutics; legal positivism; omnibus law; progressive
{"title":"Struggle of Legal Positivism Versus Progressive Thoughts in the Formal Tests of the Job Creation Act (Legal Development through Hermeneutics)","authors":"Imam Asmarudin","doi":"10.20884/1.jdh.2022.22.1.3178","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.1.3178","url":null,"abstract":"Hermeneutics is a form of interpretation and interpretation of a text in legal philosophy, in practice it is also used in the considerations of constitutional judges to interpret and interpret a law, one of which is in the formal examination of the work copyright law which is the pros and cons because using the Omnibus Law method. This study aims to find out how the struggle between positivistic and progressive legal thinking and the reality of the art of hermeneutics as a means of legal development, the research method uses the legal research method through the statute approach, conceptual approach, and case approach, the data analysis is descriptive qualitative, the research results show The struggles of Legal Positivism and Progressive Thought in the decision actually met at one point, both of them acknowledged that Omnibus Law was a method of future legislation formation and interpretation through the art of Hermeneutics became a means of making a legal construction, which in the end could become a means of developing law forward.Keywords: hermeneutics; legal positivism; omnibus law; progressive","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117042384","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 : 2022-07-25DOI: 10.20884/1.jdh.2022.22.1.3175
T. Andika, Deli Waryenti, Patricia Ekowati Suryaningsih
One of the goals of Sustainable Development is to protect and preserve the oceans, and the natural resources within them, which are known as the Blue Economy concept. Along the way, sustainable development in the management of fishery resources in Indonesia faces problems. This problem arose from the inconsistency of the trawling prohibition policy which ended in the prohibiting of fishing vessels to use trawls in the Indonesian Fishing Territory based on the Regulation of the Minister of Maritime Affairs and Fisheries Number 18/PERMEN-KP/2021 articel 7. In Bengkulu City, the implementation of the ministerial regulation has been carried out with the transfer of fishing gear, but fishermen who use trawls still use trawls. Based on the results of previous research, it was found that in Bengkulu City to date there are 100 boats using trawling fishing gear with the potential for conflict between fishermen getting wider. The research method used in this study is an empirical juridical research method with the desired outcome is the right model in law enforcement against the use of trawls in Bengkulu City. The ideal model in regulating trawling fishing gear is policy consistency by prohibiting trawling in fishing areas that are harmful to their use both in marine ecosystems and economically, socially and culturally by fishermen in each region. Keywords: Models, Enforcement, Law, Trawls, SDGs 14.
{"title":"Legal Enforcement Model in The Eradication of Trawls Capture As an Efforts To Meet SDG's 14: Blue Economy Case Study in Bengkulu","authors":"T. Andika, Deli Waryenti, Patricia Ekowati Suryaningsih","doi":"10.20884/1.jdh.2022.22.1.3175","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.1.3175","url":null,"abstract":"One of the goals of Sustainable Development is to protect and preserve the oceans, and the natural resources within them, which are known as the Blue Economy concept. Along the way, sustainable development in the management of fishery resources in Indonesia faces problems. This problem arose from the inconsistency of the trawling prohibition policy which ended in the prohibiting of fishing vessels to use trawls in the Indonesian Fishing Territory based on the Regulation of the Minister of Maritime Affairs and Fisheries Number 18/PERMEN-KP/2021 articel 7. In Bengkulu City, the implementation of the ministerial regulation has been carried out with the transfer of fishing gear, but fishermen who use trawls still use trawls. Based on the results of previous research, it was found that in Bengkulu City to date there are 100 boats using trawling fishing gear with the potential for conflict between fishermen getting wider. The research method used in this study is an empirical juridical research method with the desired outcome is the right model in law enforcement against the use of trawls in Bengkulu City. The ideal model in regulating trawling fishing gear is policy consistency by prohibiting trawling in fishing areas that are harmful to their use both in marine ecosystems and economically, socially and culturally by fishermen in each region. Keywords: Models, Enforcement, Law, Trawls, SDGs 14.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114675037","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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