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DINAMIKA HUKUM adalah media publikasi dari Magister Ilmu Hukum Pascasarjana UNISRI Surakarta, sebagai wadah komunikasi karya ilmiah sehingga memperluas wacana pembelajaran hukum.
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IMPLEMENTASI PERDA NOMOR 1 TAHUN 2012 TENTANG PAJAK DAERAH TERHADAP KEPATUHAN MEMBAYAR PAJAK BUMI BANGUNAN DI KABUPATEN TEGAL ASLANI, ASLANI
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Background Local tax is one source of revenue is important and a potential addition to other sources of income, namely oil and gas revenues and non-tax revenues due to the number of population is so large and the area is so large, the Tegal has tax sources very much. Receipts from taxes is then used by the government to build infrastructure in the public interest. In other words, the local revenue from taxes is a "driving force" of economic life of society which is the real means for the government to be able to provide a wide range of facilities and infrastructure in the public interest. The purpose of this study to know the Implementation Regulation No. 1 Year 2012 on Regional Tax Compliance Against Paying Property Tax in Tegal regency. And the obstacles that arise in the implementation of Regulation No. 1 Year 2012 on Regional Tax Compliance Against Paying Property Tax in Tegal regency. This type of research used juridical Empirical research of this kind. Type juridical, as research starts by using legal norms, especially from the point of law Implementation Regulation No. 1 Year 2012 on Regional Tax Compliance Against Paying Property Tax in Tegal regency. Data collection techniques that the study of literature, documents and interviews. The results of the study Implementation Regulation No. 01 Year 2012 on Regional Taxes on adherence to pay property tax in Tegal, it can be seen in the name, the object and the subject of property taxes is regulated in Article 58 s / d Section 60 of the Local Taxes. Further assessment of building tax as stipulated in Article 61 through Article 64 and the procedures for the collection of property taxes rural and urban described at 65 and Article 66. Regional Regulation on Local Taxes have become a guideline for both local government and community Tegal regency in the discharge of liabilities in Taxation, especially regarding local taxes. Results of local tax revenue, together with other elements of the reception area, in turn, will be employed to administer the affairs of the authority area in accelerating the prosperity of local communities Tegal. constraints experienced in the implementation of law No. 01 of 2012 on Regional Taxes on adherence pay taxes property taxes in Tegal regency, namely: a) a lack of understanding and awareness of the taxpayer, b) the level of income of the taxpayer. To overcome the obstacles in the realization of tax compliance earth and buildings with several ways: a) socialization of the government, b) to check the tax rate. Keywords : local regulation, local tax, property tax
KAJIAN YURIDIS PEMBUKTIAN PASAL 81 AYAT (2) UU RI NO.23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK (Studi Kasus Putusan Hakim Nomor17/Pid.Sus/2015/PN.Skt.). HARTONO, EDI
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The purpose of this study is to assess the evidence of the facts that proved to be a violation of Article 82 of Law No.23 of 2002 on the Protection of Children in Decision Judge No. 17 / Pid.Sus / 2015 / PN.Skt and examines the legal considerations which indicate the presence of legal protection for child victims of the Award. Background this research that in the jurisdiction of the District Court Surakarta there are cases of violations of the law against Article 82 of the Child Protection Act. The case has been decided in the case No. 17 / Pid.Sus / 2015 / PN.Skt. In the decision will be reviewed the facts revealed at the hearing, especially from the point of proof as well as from the point of consideration. The research method consists of the type of normative juridical research, the necessary data is secondary data, the nature of descriptive and normative analysis done qualitatively. The results of the study concluded that the verification done by the judges begins with disclosure of the facts in the trial of the case occurred, ie criminal cases persuade intercourse. After revealing about the facts of the law is then associated with the elements of the offenses discussed in indictment. In this case, on the basis of the evidence and the evidence is there, then the accused is legally and convincingly of committing criminal offenses which the accused as first indictment that is in violation of Article 82 paragraph (1) of Act 23 of 2002 on Child Protection. Keywords : Analysis of Judicial Evidence Article 82 of Law 23 of 2002, Decision No. 17 / Pid.Sus / 2015 / PN.Skt
KEBIJAKAN PEMBERIAN REMISI DAN PEMBEBASAN BERSYARAT KEPADA NARAPIDANA KASUS NARKOBA DAN KORUPSI DI KABUPATEN KLATEN Susanto, Eko Bekti
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The research aims to: (1) know the implementation of the granting remission and parole for prisoners convicted for drug offense and corruption in Klaten’s prison; (2) know the implication of the granting remission and parole for the prisoners convicted for drug offense and corruption in Klaten’s prison. This research is based on the normative research by using various deduction and induction analysis. It is started by collecting primary data in the form of Government Regulation especially Law No.12 Year 1995 about Correctional System, Government Regulation No. 31 Year 1999 about Terms and Condition of the Exercise of the Prisoner’s Rights and its amendment, and the data about the remission and parole given to the prisoners convicted for drugs and corruption in Klaten’s prison. The result of the research shows that: (1) Before the launch of Government Regulation No. 9 Year 2012, the prisoners convicted for drugs and corruption in Klaten’s prison are still able to receive remission and parole although the conditions to acquire the rights are different between general crime and special crime prisoners (drugs offense and corruption); (2) After the launch of Government Regulation No. 9 Year 2012, the prisoners convicted for drugs and corruption face difficulties to access their rights to receive remission and parole because there are two more additional requirements which are: the willingness to cooperate with the law enforcer to reveal their cases and the large amount of fine they have to pay.Remission and parole are two of the several prisoners’ rights. The difference in treatment for the prisoners convicted for drugs and corruption as the extraordinary crime is needed. However, they should be given a chance to access and receive those rights. Keywords: Corruption, Drugs, Prisoners, Parole, Remission
TINJAUAN YURIDIS SOSIOLOGIS TERHADAP PENERAPAN FUNGSI ASESMEN DALAM PUTUSAN REHABILITASI PERKARA TINDAK PIDANA NARKOTIKA DI PENGADILAN NEGERI SUKOHARJO FITRIASTUTI, EVI
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The purpose of this research is to know the application of assessment function in decision of rehabilitation of narcotic crime case in Sukoharjo District Court. In addition, it wants to know the obstacles that exist in the implementation of assessment function in the decision of rehabilitation of narcotic criminal case case in Sukoharjo District Court. The method of research includes the type of sociological juridical research, data collection techniques in the form of assessment of legal documents and interviews with inductive data analysis techniques that draw conclusions from problems that are concrete (special) to obtain a conception and norms of a general nature. The result of the research shows that the assessment function in the decision of rehabilitation of narcotic drug case in the Sukoharjo District Court has been applied in the trial process as one of judge's consideration in deciding the rehabilitation decision. However, its application is highly dependent on the presence or absence of an assessment request for the defendant in the case. A common obstacle in the practice of applying the assessment function is that there is no clear regulatory legislation on the assessment, which creates legal uncertainty resulting in disparities in the assessment as a basis for judges' consideration in imposing rehabilitation decisions. In addition there is no uniformity in terms of standardization of mechanisms and assessment results that are considered eligible as legal evidence according to the law. Keywords : The application of assessment function in decision of rehabilitation crime case in Sukoharjo District
TINJAUAN YURIDIS FUNGSI PENYELIDIKAN DAN PENYIDIKAN TINDAK PIDANA PENGANIAYAAN DI POLSEK KASIHAN SIGIT, HENDRO PURNOMO
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The purpose of this study was to examine what forms the duties and functions of police in conducting investigations and inquiries general crime, especially the crime of persecution, and to find out what barriers or constraints Police on the ground in the investigation and the investigation of particular criminal acts of persecution. Background Research that there are technical differences in the process of inquiry and investigation conducted so far by the police. Methods The study consisted of the kind of research; nature of the research; where research; population; engineering / means of data collection; data analysis method. Results showed the investigation was based on a report or complaint someone on the occurrence of an event of a violation or crime. From these reports are recorded in a register / Letter of Acceptance Report. According to the report, police conducted an investigation. From the results of the investigation if it found violations or crimes, then the examination process increased to the investigation. The process to find sufficient evidence and find the suspect. However, if such act is not a crime, the examination is stopped and by the investigator issued Warrant Termination of Investigation (SP3). Obstacles encountered in the field is the lack of police personnel and the ability of investigators. Moreover, investigators and investigators in the Police Sector Kasihan conducted by the same police officer. Keywords: Research, investigation and persecution.
ANALISIS YURIDIS SOSIOLOGIS PENYIDIKAN TERHADAP TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN DI POLSEK MOJOSONGO KABUPATEN BOYOLALI (PASAL 363 AYAT 1 KUHP) WARSONO, JOKO
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Background research focus is motivated issue criminal offense of theft byweighting, by no means a problem that is simple, because sometimes officerscreated difficulties in uncovering a case and the perpetrators increasingly cleverfool officers in a way to cover his tracks as neat as possible, so the aboverationale, the writers take the title of “socio-juridical analysis of the investigationof the crime of theft by weighting in Mojosongo police station (article 363paragraph 1 of the criminal Code).The results are indicative of the crime of theft by weighting or livestocktheft committed by the suspect Arip Wulandoko bin Tukiman because it has beenthe fulfillment of the elements as defined in Article 363 paragraph (1) CriminalCode. Investigators at the time of assignment of the suspect Arip Wulandoko notknow the full name and residential address Eko brother and did not know in anymarket you shop EKO cows. When investigators searched and investigators arelooing for witnesses witness with regard to information no witnesses who sawwhen the suspect Arip Wulandoko meet by brother Eko other name JUNE soinvestigators difficulty in identifying the person named Eko and not knowingfellow employees or close friend of the brothers EKO JUNE other name so thisinvestigators and the investigators must coordinate all sat reskrim Boyolali. Sincefour cattle traders were photographed and shown to the suspect ARIPWULANDOKO and always refused fourth suspect named EKO photo, then itimpedes the process of gathering information from witnesses and evidence.Keywords : investigation, the crime of theft and weighting.
KEBIJAKAN FORMULASI PASAL TENTANG WAJIB LAPOR UNDANGUNDANG NOMOR 35 TAHUN 2009 DALAM PERSPEKTIF PERADILAN PIDANA GUNA MEWUJUDKAN PEMBAHARUAN HUKUM PIDANA DI INDONESIA WIDODO, JOKO
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The purpose of this study are: (1) To determine and analyze theformulation formulation of clauses concerning notifiable in Law No. 35 Year2009 on Narcotics in supporting the implementation of the criminal justice systemin order to realize narcotics laws. (2) To know and analyze the policy of criminallaw against narcotic crime through the criminal justice system as criminal lawreform in Indonesia.This type of research used in this thesis is normative research, namely:reviewing laws that are drafted as norms / rules prevailing in society, and to be areference the behavior of every person. The research approach used in this thesisis to use the conceptual approach (conceptual approach), and the approach oflegislation (normative approach). In this case the conceptual or conceptual termsis an understandable thing, in this conceptual framework expressed some conceptsto explain and describe the author of this thesis, namely criminal law policynarcotics criminal justice system. The nature of research is descriptive, ie tomemberikkan fullest picture of criminal law policy narcotic crime throughthe Criminal Justice System in order to reform the law in Indonesia.In the formulation of Law Number 35 Year 2009 on Narcotics found noconsistency imposition of criminal sanctions and the absence of minimum limitkhsusu against the penalty of a prohibited act under the provisions of Act No. 35of 2009 on the Narcotics. The treatment of narcotic crime committed by the policeis in the process of investigation, then Criminal charges against the doersconducted by the Public Prosecutor in accordance with his authority as a publicprosecutor and decided by a judge.Key Word: Formulation Policy Report Article On Mandatory Law Number 35 Of2009 and Criminal Law Revision
PENEGAKAN HUKUM DALAM KASUS KECELAKAAN LALU LINTAS DI SATLANTAS POLRES BOYOLALI WINARNO, JOKO
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The purposes of this research is to study and analyzed the law enforcementin the Case of Traffic Accident and the steps conducted by Satlantas (Unit ofTraffic), therefore, the implementation of investigation can took place fast.Backgoround. The measurement of the accident incident is through thepolice’s act of who respond fast either in an accident, a crime, or other incidentsthat need a presence of Police. In order to anticipate this matter, recently, Police ofThe Republic of Indonesia has a center of information controlling which issophisticated enough, therefore, based on the underlying background, the writertake a title “Law Enforcement in The Case of Traffic Accident in Satlantas PolresBoyolali”.In this research, the location where the research took place is PolresBoyolali (Boyolali Police) because of being based on the consideration that inPolres Boyolali. Type of the research used in this research is a juridical empiricresearch. The characteristics of the research conducted by the writer is descriptivethat is a research which tries to describe situation and other symptoms. Thetechnique of data analysis is a technique in checking and analyzing the data sothat valid and reliable data can be obtained. In this research, the writer used aqualitative method.The process of law enforcement conducted in the traffic accident can beconcluded that the act of the suspect EDY SURYO PITOYO bin MUSLIMIN,Age: 26 y.o, Place of Birth in Magelang on 24 August 1989, Religion: Islam,Gender: Male, Last Education: Junior High School, Occupation: Private Worker,Address: Dk. Kalangan, Rt 05/02, Ds/Kec. Grabag, Kab. Magelang had met theelement of offense contained on the Article 310 paragraph (3) Act Number 22 of2009 concerning Traffic Light and Road Transportation explaining that: Everyonewho drive a vehicle that due to his/her carelessness causes a traffic accident inwhich the victim is heavily injured as meant by Article 310 paragraph (3), he/shewill be punished with imprisonment for maximally 5 (five) years and/or fine asmuch as IDR 10,000,000.00 (ten million Rupiah). That in Article 310 paragraph(3) Act Number 22 of 2009 concerning traffic and road transportation explains:Everyone who drive a vehicle that due to his/her carelessness causes a trafficaccident in which the victim is heavily injured is punished with imprisonment formaximally 5 (five) years or fine as much as IDR 10,000,000 (ten million Rupiah).The elements of Article : a. Everyone who drive a vehicle, b. Due to his/hercarelessness causes a traffic accident, c. Causing the victim heavily injured.Keywords: Law enforcement, Traffic Accident
ASPEK PIDANA TENTANG PELAKSANAAN PEMBERIAN BANK GARANSI DI PT. BANK EKONOMI RAHARJA CABANG SEMARANG MENURUT UNDANG-UNDANG NO 10 TAHUN 1998 DAN SURAT KEPUTUSAN BANK INDONESIA NO. 23 TAHUN 1991 TJIANGDI, TJIANGDI
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The purpose of a study to assess and analyze the implementation of theprovision of bank guarantee in PT. Bank Ekonomi Raharja Semarang Branch,knowing the causes of default and how to handle the implementation of theprovision of a bank guarantee in Bank Ekonomi Raharja, and examine thecriminal aspects in the conduct of the administration of the bank guarantee inBank Ekonomi Raharja.Background is based on interviews of researchers with PT BankEkonomi Raharja found in cases where there are customers who default so thatthis becomes an interesting topic for research. In the activities of Bank Guarantee,customers can take advantage of a bank guarantee to provide as collateral to BankEkonomi Raharja as required by suppliers used to guarantee payment of suchwork so that the reliability of the implementation of the work is quite secured by abank guarantee. Based on the above it is necessary to do research on the processof judicial practice in awarding the bank guarantee and the completion of the bankin the practice of the implementation of the provision of a bank guarantee.The research method consisted of: This research type is JuridicalEmpirical approach, that is an approach method used to solve the research objectby examining secondary data to primary data in the field.Conclusion. Implementation of a bank guarantee in Bank EkonomiRaharja in accordance with the regulations of Bank Indonesia concerning theprovision of bank guarantee by Bank Ekonomi Rahardja. Because of default andhow to overcome them in the implementation of the provision of a bank guaranteein Bank Ekonomi Raharja is a debtor bankrupt and release all the privileges by thebank. But during the time in Bank Ekonomi Raharja new branch will not occur orhave occurred yet significant problems associated with the provision of a BankGuarantee to its customers. There are criminal aspects in the implementation ofthe provision of a bank guarantee in Bank Ekonomi Raharja related to Article 378of the Criminal Code.Keywords: Bank warranty, tort, criminal aspect.
TINJAUAN YURIDIS SOSIOLOGIS TINDAK PIDANA NARKOTIKA DALAM PENYIDIKAN DI SAT RESNARKOBA POLRES BOYOLALI JALU W., TRI
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The purpose of thisresearchis to study and analyze the criminal act ofnarkotics and the steps of investigation performance on the criminal act ofnarkotics in the investigation in Sat Resnarkoba Polres Boyolali (Resort Unit ofNarcotics and Drugs, Boyolali Police) .Background. The provisions of a law which regulates the matter ofNarcotics had been made and implemented, nevertheless, crime related toNarcotics has not been able to be reduced. In many cases, there were manycroupiers and sellers of narcotics and drugs who were arrested and got a heavysanction, but, other perpetrators seemed not to care, even the provisions of thelaws governing the Narcotics issue have been compiled and enforced, but narcoticcrimes can not be eradicated thoroughly.The Writer conducted a preliminary research awal in the form of collectingthe supporting researched data. After that, the Writer conducted aresearchin SatReserse Narkoba Polres Boyolali. The techniques of data collection are in theforms of interview and documentation study. All data collected either primary orsecondary data would be analyzed qualitatively that was explanation according tothe quality, which prevailed on fact as being in line with the primary data whichwas related to the theories in the secondary data.Discussion. That the act of the suspect REJO AHMADY Bin AHMADTARMUJI, Place and Date of Birth: Boyolali, 17 August 1971, Age: 44 y.o.,Religion: Islam, Gender: Male, Occupation: Private Worker (motorcycleworkshop), Last Education: Elementary School graduated in 1986, Address: Dk.Cepogo Rt 03 Rw 01 Ds. Cepogo Kec. Cepogo Kab. Boyolali, had broken the lawand had met the elementes of criminal act of Narcotics misuse as meant on theformulation: Article 112 paragraph (1) jo article 114 paragraph (1) jo article 127paragraph (1) Actnumber 35 of 2009 concerning Narcotics. The Steps of TheInvestigation Completion Process of The Criminal Act were: 1. Arranging aPolice Report, 2. Composing a Task Command Letter, 3. Composing anInvestigation Command Letter, 4. Information on The Beginning of Investigation,5. Composing an Appointment of Lawyer, 6. Composing a Rejection on theLawyer, 7. Composing a Statement Letter, 8. Composing an Arrest CommandLetter, 9. Composing a Detention Command Letter, 10. Composing a SearchingCommand Letter, 11. Composing a Confiscation Command Letter, 12. Examiningthe Evidences in Laboratory.Keywords: Criminal act of narcotics, Investigation

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