Pub Date : 2021-12-24DOI: 10.20884/1.jdh.2021.21.2.2858
Nur Rochaeti, I. Cahyaningtyas
As part of the integrated criminal justice system, Correctional Institutions play a role as law enforcement officers in addition to having a strategic role in the formation of Human Resources (HR) that are independent, responsible, quality, and dignified. The correctional system is a more humane and normative treatment system for inmates based on Pancasila and is characterized by rehabilitative, corrective, educative, and integrative or order regarding the direction and boundaries as well as ways of fostering prisoner based on Pancasila, which are carried out in an integrated manner between the coach as a correctional officer , being fostered, and integrative or order regarding the direction and boundaries as well as the way of fostering the prisoners based on Pancasila which are carried out in an integrated manner between the coach, prisoners and integrative Public. The problem is how is the socio-legal study of fulfilling prisoner’s rights and fostering in correctional institutions during the COVID 19 pandemic. The research method used is socio-legal, to analyze the policy on Act Number 12 of 1995 of correctional and fulfillment of prisoner’s rights in coaching during the COVID 19 pandemic. The results of the study analysis that the policy in Act Number 12 of 1995 of correctional currently does not accommodate the fulfillment of prisoner’s rights in correctional facilities, prisoner’s guidance is carried out by providing useful skills after leaving correctional facilities for independence and personality, which cannot be fully utilized. Inmates optimally, after leaving penitentiary, infrastructure facilities, as well as health workers in correctional, are needed, especially when the COVID 19 pandemic. The release of prisoners is a dilemma in the condition of the COVID 19 pandemic.Keywords: arranged socio-legal; fostering prisoner; correctional institutions; COVID 19
{"title":"The Socio-Legal Study of Rights Fulfillment and Fostering Prisoner at Correctional Institutions in Covid 19 Pandemic","authors":"Nur Rochaeti, I. Cahyaningtyas","doi":"10.20884/1.jdh.2021.21.2.2858","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.2.2858","url":null,"abstract":"As part of the integrated criminal justice system, Correctional Institutions play a role as law enforcement officers in addition to having a strategic role in the formation of Human Resources (HR) that are independent, responsible, quality, and dignified. The correctional system is a more humane and normative treatment system for inmates based on Pancasila and is characterized by rehabilitative, corrective, educative, and integrative or order regarding the direction and boundaries as well as ways of fostering prisoner based on Pancasila, which are carried out in an integrated manner between the coach as a correctional officer , being fostered, and integrative or order regarding the direction and boundaries as well as the way of fostering the prisoners based on Pancasila which are carried out in an integrated manner between the coach, prisoners and integrative Public. The problem is how is the socio-legal study of fulfilling prisoner’s rights and fostering in correctional institutions during the COVID 19 pandemic. The research method used is socio-legal, to analyze the policy on Act Number 12 of 1995 of correctional and fulfillment of prisoner’s rights in coaching during the COVID 19 pandemic. The results of the study analysis that the policy in Act Number 12 of 1995 of correctional currently does not accommodate the fulfillment of prisoner’s rights in correctional facilities, prisoner’s guidance is carried out by providing useful skills after leaving correctional facilities for independence and personality, which cannot be fully utilized. Inmates optimally, after leaving penitentiary, infrastructure facilities, as well as health workers in correctional, are needed, especially when the COVID 19 pandemic. The release of prisoners is a dilemma in the condition of the COVID 19 pandemic.Keywords: arranged socio-legal; fostering prisoner; correctional institutions; COVID 19","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122146187","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 : 2021-12-01DOI: 10.20884/1.jdh.2021.21.1.2863
H. Tinambunan, E. Puspoayu, Eliza Tiurmaida
The Government has done several efforts in order to handling the Covid-19 virus, such as through an appeal to maintain personal hygiene, keep a safe distance, and do not come in direct contact with others. The spread of this appeal was carried out on various platforms, ranging from advertisements on television nor social media. The coverage through the media includes which areas have been exposed by Covid-19, the number of people who have been considered infected, recovered, and the number of people who have died from the virus. Oftentimes, the news is followed by the dissemination of the peoples identity, on the grounds that the public should be more careful, whereas the patient’s identity is strictly protected based on the patient’s right to privacy or medical confidentiality. This writing uses a normative juridical research method. The issues raised were related to the privacy rights and medical confidentiality in the handling of Covid-19. Article 51 of Law No. 29/2004 concerning Medical Practice stated that a doctor is obliged to keep all the information about the patient, even after the patient died. This uphold the fact that a medical confidentiality are closely related to human rights.Keywords: Covid-19; Medical confidentiality; Patient
{"title":"Reviewing the Medical Record Confidentiality of Covid-19 Patient","authors":"H. Tinambunan, E. Puspoayu, Eliza Tiurmaida","doi":"10.20884/1.jdh.2021.21.1.2863","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.1.2863","url":null,"abstract":"The Government has done several efforts in order to handling the Covid-19 virus, such as through an appeal to maintain personal hygiene, keep a safe distance, and do not come in direct contact with others. The spread of this appeal was carried out on various platforms, ranging from advertisements on television nor social media. The coverage through the media includes which areas have been exposed by Covid-19, the number of people who have been considered infected, recovered, and the number of people who have died from the virus. Oftentimes, the news is followed by the dissemination of the peoples identity, on the grounds that the public should be more careful, whereas the patient’s identity is strictly protected based on the patient’s right to privacy or medical confidentiality. This writing uses a normative juridical research method. The issues raised were related to the privacy rights and medical confidentiality in the handling of Covid-19. Article 51 of Law No. 29/2004 concerning Medical Practice stated that a doctor is obliged to keep all the information about the patient, even after the patient died. This uphold the fact that a medical confidentiality are closely related to human rights.Keywords: Covid-19; Medical confidentiality; Patient","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124933524","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 : 2021-12-01DOI: 10.20884/1.jdh.2021.21.1.2864
Ricca Anggraeni, Indah Mutiara Sari
During the era of pandemic, the government was required to formulate policies that could protect its citizens from the spread of the pandemic, and also all the effects that were present because of it. Unfortunately the Government is too late to take steps to anticipate the spread of Covid-19 Pandemic in Indonesia. And as the consequence, various policies are implemented, ranging from general policies to policies in the implementation technical level. As a result, several policies have been ignored by the community, ranging from the provisions of the Large-Scale Social Restrictions regulated through Government Regulations, to the technical provisions concerning restrictions on the travel of people in the context of acceleration of handling Covid-19. Social reality shows that the policies taken by the Government have not been successfully obeyed by the Indonesian people. Through Foucault's theory of power relations, it can be stated that the Government has lost its power during the Covid-19 Pandemic, because regulation as a reflection of the Government's power has not been demanded by the public. An interesting problem is, it turns out that the legal culture that lives in the community is not the cause of these neglection, but the legal culture of the Government itself in determining various policies during the pandemic is the main cause.Keywords: Covid-19 Pandemic; Legal Culture; Policy
{"title":"POLICY IN THE ERA OF PANDEMIC: IS GOVERNMENT’S LEGAL CULTURE AFFECTING?","authors":"Ricca Anggraeni, Indah Mutiara Sari","doi":"10.20884/1.jdh.2021.21.1.2864","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.1.2864","url":null,"abstract":"During the era of pandemic, the government was required to formulate policies that could protect its citizens from the spread of the pandemic, and also all the effects that were present because of it. Unfortunately the Government is too late to take steps to anticipate the spread of Covid-19 Pandemic in Indonesia. And as the consequence, various policies are implemented, ranging from general policies to policies in the implementation technical level. As a result, several policies have been ignored by the community, ranging from the provisions of the Large-Scale Social Restrictions regulated through Government Regulations, to the technical provisions concerning restrictions on the travel of people in the context of acceleration of handling Covid-19. Social reality shows that the policies taken by the Government have not been successfully obeyed by the Indonesian people. Through Foucault's theory of power relations, it can be stated that the Government has lost its power during the Covid-19 Pandemic, because regulation as a reflection of the Government's power has not been demanded by the public. An interesting problem is, it turns out that the legal culture that lives in the community is not the cause of these neglection, but the legal culture of the Government itself in determining various policies during the pandemic is the main cause.Keywords: Covid-19 Pandemic; Legal Culture; Policy","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132733009","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 : 2021-12-01DOI: 10.20884/1.jdh.2021.21.1.2862
L. Alw, A. Christia
The policies issued by the central government in handling the impacts of Covid-19 are done through various laws and regulation. These policies will be followed by the regional government policies through regional products of law including the Central Java Province Regional Government. This study analyzes how the Central Java Province Regional Government responds to the policies of the central government regulations so that the Covid-19 problem can be resolved properly. This research is done by normative juridical method with a statutory approach based on secondary data. The results of this study show that Central Java Province Regional Government quickly and precisely formed various types of regional products of law based on the implementation of central government policies namely The Decree Of The Governor, The Instruction Of The Governor, The Instrunction Of Regional Secretary and various Circular Letters. Therefore, they are not the same as the usual regional regulation. Keywords: Covid-19; dynamics; regional products of law
{"title":"The Dynamics in The Formation of Regional Products Of Law During Covid-19 Period in Central Java Province","authors":"L. Alw, A. Christia","doi":"10.20884/1.jdh.2021.21.1.2862","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.1.2862","url":null,"abstract":"The policies issued by the central government in handling the impacts of Covid-19 are done through various laws and regulation. These policies will be followed by the regional government policies through regional products of law including the Central Java Province Regional Government. This study analyzes how the Central Java Province Regional Government responds to the policies of the central government regulations so that the Covid-19 problem can be resolved properly. This research is done by normative juridical method with a statutory approach based on secondary data. The results of this study show that Central Java Province Regional Government quickly and precisely formed various types of regional products of law based on the implementation of central government policies namely The Decree Of The Governor, The Instruction Of The Governor, The Instrunction Of Regional Secretary and various Circular Letters. Therefore, they are not the same as the usual regional regulation. Keywords: Covid-19; dynamics; regional products of law","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"890 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116177956","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 : 2021-12-01DOI: 10.20884/1.jdh.2021.21.1.2924
R. Ardhanariswari
Abstract--Coronavirus first emerged and spread to humans from Wuhan city, China at the end of December 2019 and spread to Indonesia and became a serious concern in Indonesia since March 2020 as it was stated as a nationaloutbreak. The Indonesian Constitution asserts that the purpose of formation of the State of Indonesia is to protect the whole people of Indonesia and the entire homeland of Indonesia, to promote general prosperity, to develop the nation’s intellectual life, and to contribute to the implementation of a world order based on freedom, lasting peace and social justice. The Covid-19 pandemic is not only occurring in Indonesia, but also in other countries, and each country certainly issues different policies. The state with its authority should respond to the condition in the community, which this research is based on. This research employed a normative legal method and used secondary data as its main data. Various policies are issued by the Indonesia Government from Government Regulation in Lieu of Law No. 1 of 2020 which has become Law No. 2 of 2020, Government Regulation No. 21 of 2020 on the Large Scale Social Restriction in Coronavirus Disease 2019 (COVID‑19) Response Acceleration to technical regulations issued by ministers to solve Covid-19 related issues. The policies are certainly the implementation of the state’s responsibility to the people.Keywords- State Responsibility, Constitutional Law
{"title":"State Responsibility During Covid-19 Pandemic In The Perspective Of The Indonesian Constitutional Law","authors":"R. Ardhanariswari","doi":"10.20884/1.jdh.2021.21.1.2924","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.1.2924","url":null,"abstract":"Abstract--Coronavirus first emerged and spread to humans from Wuhan city, China at the end of December 2019 and spread to Indonesia and became a serious concern in Indonesia since March 2020 as it was stated as a nationaloutbreak. The Indonesian Constitution asserts that the purpose of formation of the State of Indonesia is to protect the whole people of Indonesia and the entire homeland of Indonesia, to promote general prosperity, to develop the nation’s intellectual life, and to contribute to the implementation of a world order based on freedom, lasting peace and social justice. The Covid-19 pandemic is not only occurring in Indonesia, but also in other countries, and each country certainly issues different policies. The state with its authority should respond to the condition in the community, which this research is based on. This research employed a normative legal method and used secondary data as its main data. Various policies are issued by the Indonesia Government from Government Regulation in Lieu of Law No. 1 of 2020 which has become Law No. 2 of 2020, Government Regulation No. 21 of 2020 on the Large Scale Social Restriction in Coronavirus Disease 2019 (COVID‑19) Response Acceleration to technical regulations issued by ministers to solve Covid-19 related issues. The policies are certainly the implementation of the state’s responsibility to the people.Keywords- State Responsibility, Constitutional Law","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115118976","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 : 2021-12-01DOI: 10.20884/1.jdh.2021.21.1.2881
Rina Yulianti, Mufarrijul Ikhwan
--During pandemic time, land sale and purchase transaction activity is still likely conducted; therefore, to replace and to minimize face-to-face mobility among the parties, digital transaction policy should be provided through cyber notary. The objective of paper was to find out the legal framework for the certainty and validity of agreement made by notary in electronic procedure as robust evidence in land sale and purchase transaction during covid-19 pandemic time. This paper employed juridical normative research method with statute approach and conceptual approaches to study electronic deed likely made by notary during covid-19 pandemic time. Electronic land sale and purchase deed made during Covid-19 pandemic time is legitimate based on lex specialist derogate legi generally principle, the enactment of health quarantine regulation. Juridical construction to give law protection to cyber notary service, particularly land sale and purchase deed development in Indonesia, can be provided through policy issued by Ministry of Agrarian Affairs and Spatial Planning/National Land Agency through referring to the provisions about Notary (PPAT)’s authority in Notary Position Law, Governmental Administration Law, Archive Law, and Information and Electronic Transaction Law. Keywords- Covid-19, electronic deed, sale and purchase, land
{"title":"A Legal Study of Electronic Deed On Purchase and Sale Land During The Covid 19 Pandemic","authors":"Rina Yulianti, Mufarrijul Ikhwan","doi":"10.20884/1.jdh.2021.21.1.2881","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.1.2881","url":null,"abstract":"--During pandemic time, land sale and purchase transaction activity is still likely conducted; therefore, to replace and to minimize face-to-face mobility among the parties, digital transaction policy should be provided through cyber notary. The objective of paper was to find out the legal framework for the certainty and validity of agreement made by notary in electronic procedure as robust evidence in land sale and purchase transaction during covid-19 pandemic time. This paper employed juridical normative research method with statute approach and conceptual approaches to study electronic deed likely made by notary during covid-19 pandemic time. Electronic land sale and purchase deed made during Covid-19 pandemic time is legitimate based on lex specialist derogate legi generally principle, the enactment of health quarantine regulation. Juridical construction to give law protection to cyber notary service, particularly land sale and purchase deed development in Indonesia, can be provided through policy issued by Ministry of Agrarian Affairs and Spatial Planning/National Land Agency through referring to the provisions about Notary (PPAT)’s authority in Notary Position Law, Governmental Administration Law, Archive Law, and Information and Electronic Transaction Law. Keywords- Covid-19, electronic deed, sale and purchase, land","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133619409","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 : 2021-12-01DOI: 10.20884/1.jdh.2021.21.1.2868
Norman Zakiyy
Instilling religious values in maintaining good industrial relations is a much neglected area of study in industrial jurisprudence. Evidently, trade disputes are usually referred to the Industrial Court whereby resolution of disputes are usually based on the reference of relevant Industrial Court awards, civil court judgments, statutes and best practices for industrial harmony. However, little emphasis has been given to religion as an important tool for resolving conflicts among mankind. Thus, the objective of this study is to identify core Islamic values relevant in maintaining good industrial relations in Malaysia. The trans-disciplinary approach was chosen to correlate core Islamic values in meeting the two different sets of expectations; one of the employer and the other by the employee. The methodology used is legal and content analysis of Industrial Court awards, case laws, relevant statutes and the Qur’an being the primary source of the Shariah. The main finding of the study indicates that core Islamic values such as purity of intentions, contentment, patience and consultation are essential components in enhancing the harmonious relationship between the employer and the employee; apart from gaining spiritual satisfaction. Hence, future studies on religion as an important component of industrial relations law alongside other well-established components, namely economics, sociology and politics. Keywords- Islam; Industrial Relations law; Malaysia; Religious values
{"title":"Instilling Core Islamic Values in Industrial Relations in Malaysia","authors":"Norman Zakiyy","doi":"10.20884/1.jdh.2021.21.1.2868","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.1.2868","url":null,"abstract":"Instilling religious values in maintaining good industrial relations is a much neglected area of study in industrial jurisprudence. Evidently, trade disputes are usually referred to the Industrial Court whereby resolution of disputes are usually based on the reference of relevant Industrial Court awards, civil court judgments, statutes and best practices for industrial harmony. However, little emphasis has been given to religion as an important tool for resolving conflicts among mankind. Thus, the objective of this study is to identify core Islamic values relevant in maintaining good industrial relations in Malaysia. The trans-disciplinary approach was chosen to correlate core Islamic values in meeting the two different sets of expectations; one of the employer and the other by the employee. The methodology used is legal and content analysis of Industrial Court awards, case laws, relevant statutes and the Qur’an being the primary source of the Shariah. The main finding of the study indicates that core Islamic values such as purity of intentions, contentment, patience and consultation are essential components in enhancing the harmonious relationship between the employer and the employee; apart from gaining spiritual satisfaction. Hence, future studies on religion as an important component of industrial relations law alongside other well-established components, namely economics, sociology and politics. Keywords- Islam; Industrial Relations law; Malaysia; Religious values","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"132 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128090572","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 : 2021-12-01DOI: 10.20884/1.jdh.2021.21.1.2922
Weda Kupita
The State Administration decisions, is a written determination by a government official, if it is the object of a dispute in the Administrative Court, it is categorized as an "Ordinary State Administrative Dispute". PTUN is also authorized to adjudicate disputes caused by the existence of "Positive-Fictitious Decisions", which is interpreted as a silence of government officials not issuing the requested petition, then the petition is considered legally granted. The dispute is categorized as "Fictitious-Positive Decision Dispute". Before filing a lawsuit to the Administrative Court, it must first take an " Administrative Appeal ", it is determined if the authorized official does not respond (acts in silence) to Administrative Appeal, then "Administrative Appeal are deemed granted". Then there will be a juridical problem: "whether the dispute will be tried by PTUN as" Ordinary State Administrative Dispute "or as" Fictitious-Positive Decision Dispute? ". The approach method used is Normative Juridical, qualitative normative analysis method, and grammatical and systematic interpretation method. It is not yet clear whether the legal event will become an "Ordinary TUN Dispute" or a "Fictitious-Positive Decision Dispute", because it cannot be classified into the two types of disputes. Certainty is needed, because the procedural law are very different between the two types of disputes.Keyword: Ordinary Dispute, Positive-Fictitious Dispute, Administrative Appeal, Administrative Court.
{"title":"Ordinary State Administrative Dispute and Positive-Fictitious decisions Dispute in Administrative Court (PTUN), In Relation to Administrative Appeal","authors":"Weda Kupita","doi":"10.20884/1.jdh.2021.21.1.2922","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.1.2922","url":null,"abstract":"The State Administration decisions, is a written determination by a government official, if it is the object of a dispute in the Administrative Court, it is categorized as an \"Ordinary State Administrative Dispute\". PTUN is also authorized to adjudicate disputes caused by the existence of \"Positive-Fictitious Decisions\", which is interpreted as a silence of government officials not issuing the requested petition, then the petition is considered legally granted. The dispute is categorized as \"Fictitious-Positive Decision Dispute\". Before filing a lawsuit to the Administrative Court, it must first take an \" Administrative Appeal \", it is determined if the authorized official does not respond (acts in silence) to Administrative Appeal, then \"Administrative Appeal are deemed granted\". Then there will be a juridical problem: \"whether the dispute will be tried by PTUN as\" Ordinary State Administrative Dispute \"or as\" Fictitious-Positive Decision Dispute? \". The approach method used is Normative Juridical, qualitative normative analysis method, and grammatical and systematic interpretation method. It is not yet clear whether the legal event will become an \"Ordinary TUN Dispute\" or a \"Fictitious-Positive Decision Dispute\", because it cannot be classified into the two types of disputes. Certainty is needed, because the procedural law are very different between the two types of disputes.Keyword: Ordinary Dispute, Positive-Fictitious Dispute, Administrative Appeal, Administrative Court.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127973396","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 : 2021-12-01DOI: 10.20884/1.jdh.2021.21.1.2866
O. Agustine, Anna Triningsih
The reforms that took place in Indonesia brought the spirit of decentralization which was reflected in various formation, expansion, abolition and merger of regions. The high development of regional expansion is aimed at providing community welfare. In line with the formation of several newly created regions, various problems have emerged, especially in relation to the implementation of protecting the political rights of citizens in regions experiencing regional expansion. This research will discuss about how to protect the political rights of citizens in the evaluation of regional expansion in Indonesia. The results showed that in the expansion of regions, proportional considerations are needed in relation to public participation. The neglect of democratic principles in the implementation of public participation causes the violation of the political rights of citizens in regional expansion. Therefore, in regional expansion, public participation is needed as a form of democracy in protecting citizens' political rights.Keywords: Evaluation; Indonesia; Protection of Political Rights, Regional Expansion
{"title":"POLITICAL RIGHTS PROTECTION IN REGIONAL ELECTION: EVALUATION PERSPECTIVE OF REGIONAL EXPANSION IN INDONESIA","authors":"O. Agustine, Anna Triningsih","doi":"10.20884/1.jdh.2021.21.1.2866","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.1.2866","url":null,"abstract":"The reforms that took place in Indonesia brought the spirit of decentralization which was reflected in various formation, expansion, abolition and merger of regions. The high development of regional expansion is aimed at providing community welfare. In line with the formation of several newly created regions, various problems have emerged, especially in relation to the implementation of protecting the political rights of citizens in regions experiencing regional expansion. This research will discuss about how to protect the political rights of citizens in the evaluation of regional expansion in Indonesia. The results showed that in the expansion of regions, proportional considerations are needed in relation to public participation. The neglect of democratic principles in the implementation of public participation causes the violation of the political rights of citizens in regional expansion. Therefore, in regional expansion, public participation is needed as a form of democracy in protecting citizens' political rights.Keywords: Evaluation; Indonesia; Protection of Political Rights, Regional Expansion","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125120985","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 : 2021-12-01DOI: 10.20884/1.jdh.2021.21.1.2873
Guswanto Endra Gautama, G. Dewi
State Sharia Securities which in technical terms are commonly known as state sukuk, are state securities issued based on sharia principles. One form of state sukuk is a Sukuk Savings. Sukuk Savings is managed based on sharia principles, and has been declared sharia compliance by the National Sharia Council - Indonesian Ulema Council. The proceeds from the issuance will be used for investment activities in the form of purchasing rights to the benefits of State Property to and the procurement of projects to be leased to the Government. Rewards come from the profits from the investment activities. How to regulate the issuance of savings sukuk in the development of road infrastructure in Indonesia and how the potential benefits of its application for economic infrastructure development in Indonesia are the main issues to be analyzed in the paper this. This research uses normative legal research methods. Basically, sukuk is one of the breakthrough sources of funding funds made by the government in implementing its commitment to accelerate infrastructure development and as an alternative investment product with sharia principles for the community.Keyword: Financing; Infrastructure Development; Sukuk Savings
{"title":"The Benefits Analysis of The Issuance Of Sukuk Savings In Road Infrastructure Development In Indonesia","authors":"Guswanto Endra Gautama, G. Dewi","doi":"10.20884/1.jdh.2021.21.1.2873","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.1.2873","url":null,"abstract":"State Sharia Securities which in technical terms are commonly known as state sukuk, are state securities issued based on sharia principles. One form of state sukuk is a Sukuk Savings. Sukuk Savings is managed based on sharia principles, and has been declared sharia compliance by the National Sharia Council - Indonesian Ulema Council. The proceeds from the issuance will be used for investment activities in the form of purchasing rights to the benefits of State Property to and the procurement of projects to be leased to the Government. Rewards come from the profits from the investment activities. How to regulate the issuance of savings sukuk in the development of road infrastructure in Indonesia and how the potential benefits of its application for economic infrastructure development in Indonesia are the main issues to be analyzed in the paper this. This research uses normative legal research methods. Basically, sukuk is one of the breakthrough sources of funding funds made by the government in implementing its commitment to accelerate infrastructure development and as an alternative investment product with sharia principles for the community.Keyword: Financing; Infrastructure Development; Sukuk Savings","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121211719","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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