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INDONESIA
Dinamika Hukum
Published by Universitas Slamet Riyadi
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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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Articles 12 Documents
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Search results for , issue "Vol 8 No 2 (2017): DINAMIKA HUKUM" : 12 Documents clear
PERAN HUKUM DALAM PENYELENGGARAAN SISTEM TRANSPORTASI DARAT BELAWAN, ANGGA PUTRA
Dinamika Hukum Vol 8 No 2 (2017): DINAMIKA HUKUM
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Land transportation system is a unity of activities and management in support of every activity moving the human place continuously without knowing the boundaries of the region and time. The vital role of the transport system needs to be supported by the general public, business and government. In this case, the state is obliged to guarantee the implementation of the land transportation system properly and sustainably. This study aims to determine the current condition of Land Transportation System and provide input / suggestions on UU No. 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan and UU No.23 Tahun 2014 tentang Pemerintahan Daerah. Research on the Role of Law in the Implementation of Land Transportation System is a normative legal research. In this study to examine the systematic law of the conflict of norms that exist in the Undang- Undang Dasar 1945, UU No. 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan and UU No. 23 Tahun 2014 tentang Pemerintahan Daerah, viewed from the Legal philosophy, legal theory, state science and transportation rules. Based on the research, it is found that there are many articles of contradiction in UU No. 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan and UU No. 23 Tahun 2014 tentang Pemerintahan Daerah, especially in the regulation of land transportation system. The contradiction of the norms takes place both in the same law as well as in different laws but governing the same. Therefore, the preparation of legal products in relation to the Land Transportation System should further bring the spirit that accommodates that the Transport System is a series of borderless / can not restricted transportation activities. Then combined with the spirit of the Good and Clean Governance program in the service of public transportation needs by agreeing that transportation is the backbone of the State in almost all areas so it is a vital subsystem in realizing the ideals of the State. Arrangement of the future land transportation system should be directed as the interests of the State so it can easily be arranged to be simultaneous and integrated with the sea and air transportation system. So the legal consequence is the authority of arranging the transportation system is drawn to the Central Government while the Regional Government as a supporter in conducting supervision and control of transportation activities. Keywords: Role of Law, Land Transportation System
PERAN PENYIDIK DALAM PROSES DIVERSI PADA TAHAP PENYIDIKAN TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PRABOWO, ANOM
Dinamika Hukum Vol 8 No 2 (2017): DINAMIKA HUKUM
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This study aims to determine the role of investigators in the application of diversion against child offenders. This research was conducted at Polres Wonogiri.Data were collected through interviews and document studies. In addition, library research was also conducted. Data analysis technique is done by qualitative descriptive method. Based on research conducted that the implementation of diversion is based on the poor handling of children in conflict with the law and the best interests for children. The role of the investigator is very important because it has authority in solving child crime. In practice, there were several obstacles such as lack of socialization about diversion. In addition, not all child cases can be resolved through a diversion attempt. The study also found that sometimes the victim's family did not want to choose a solution by way of diversion. In addition, investigators are guided by internal police regulations other than the prevailing laws and regulations. Keywords: The Role of Investigators in the Diversity Process
KAJIAN TENTANG HAK-HAK ANAK DALAM PROSES PENYIDIKAN TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN DALAM PERSPEKTIF ASAS PRADUGA TIDAK BERSALAH WIDOWATI, AYU
Dinamika Hukum Vol 8 No 2 (2017): DINAMIKA HUKUM
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The purpose of this study was to analyze the practice of the implementation of the rights of the child suspects in the case of theft by weighting handled by Investigator Police Wonogiri in the perspective of the presumption of innocence. Background research that children as young generation to be aware of his rights as a suspect in the judicial process. The fulfillment of the rights of the child suspect is a manifestation of the principle of presumption of innocence.\The research method used in this research is normative juridical. The method used is the approach of legislation and case approach. Legal materials needed in this research is the primary legal materials, secondary legal materials, tertiary legal materials. Methods of data analysis in this study conducted qualitatively. The results showed that during the investigation process has been carried out the arrest and detention of suspects. The rights of suspects who were arrested have been complied with as must be done with a warrant, arrest warrant. After being in the custody of the child should be separated from adult prisoners, the need for physical, spiritual, and social must be met. In practice the rights of suspects the child has been given. The obstacle is the problem of infrastructure required to sustain that the rights of the child more easily met as a child custody, child investigators that number is still inadequate. Keywords: Rights of the Child, Investigation Process, theft by weighting, principle of presumption of innocence
PERANAN ANAK KORBAN DALAM TINDAK PIDANA KESUSILAAN KHUSUSNYA TINDAK PIDANA MELAKUKAN PERSETUBUHAN TERHADAP ANAK (Studi Kasus Putusan Hakim di Pengadilan Negeri Klaten) HERMINASARI, DIAN
Dinamika Hukum Vol 8 No 2 (2017): DINAMIKA HUKUM
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The background of the preparation of this thesis is to know implementation of legal considerations the role of the child victims of criminal acts of decency in particular do the children against promiscuity in the subsystem of the Court in the ruling of the Judge in Klaten District Court. Loss and/or suffering a large and/or heavy is an aspect of damning for the overthrow of the criminal perpetrators, and otherwise a bit and/or ringannya loss and/or the suffering of child victims as well as the role of the child victim is the criminal aspect of the overthrow to relieve against the perpetrator. The methods used in the writing of this thesis is the normative legal research methods, namely the method of legal research undertaken to examine the references or secondary data. The secondary data were obtained through the study of librarianship is analyzed by using logical deduction, namely by observing the legal concepts as the decisions by the judges (in concreto) in judicial processes as part of an effort to resolve the case or Judge lawsuit. Results of the study illustrate that criminal acts of decency in particular crime did against promiscuity committed by adults against children victims in Klaten District Court jurisdiction factor in precipitating the onset of a criminal act committed by the child victims themselves, making the judge in Klaten District Court must consider the Act of the child victim in legal considerations apart, and consideration of the law become things that relieve for a criminal Defendant to be dropped in the ruling of the Judge in Klaten District Court. Keywords: children victims, decency, and the ruling of the Judge.
PERLINDUNGAN HUKUM PADA PROSES PENYIDIKAN TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PERSETUBUHAN DENGAN KEKERASAN SUKAMTO, EDI
Dinamika Hukum Vol 8 No 2 (2017): DINAMIKA HUKUM
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The purpose of this study is to analyze the legal protection of child victims of intercourse in the jurisdiction of Sragen Police and its obstacles. This research is included in the type of sociological juridical research. The type of data needed is secondary and primary data. Secondary data obtained through literature study, while the primary data obtained by interview. Data analysis is done qualitatively. The results of the study showed that the protection of victims of sexual intercourse was conducted based on the law as a legal product that must be in favor of the victim. Obstacles in the protection of victims of sexual intercourse are psychic. In addition, victims are often not open to tell the story. Keywords: Legal Protection, Child, Investigation, Criminal Act Intercourse.
TINJAUAN PENDAFTARAN TANAH TERHADAP ALAT BUKTI SERTIFIKAT YANG DIAKIBATKAN PUTUSAN PENGADILAN DI KANTOR PERTANAHAN KOTA SURAKARTA KUMALASARI, ENDAH FITRI
Dinamika Hukum Vol 8 No 2 (2017): DINAMIKA HUKUM
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This research aims to study and analyze the influence of court decision on the cancel of certificate (case of supreme court number 645K/TUN/2015) and the implementation of land regristation in land office in realizing law certainty in order that can be accounted for law. Background. Dealing with land lawwhich often arise on society, there is land dispute, start from one of parts because of reluctance and demands toward the land rights about the land status, priority, the owner with the purpose has certainty of administrative, along with law. Research method. The locatison is on minstry agraria office, spatial room, and land agency of surakarta. This research use normative empirical. This character of research is descriptive. Research object is the certificate cancelling implementation on court decision in Land office Surakarta. The data which is observed is secundary data formed written document that supported by primary data as complement, got dirrectly from its source. In this research, the obtained data is from parties related with certificate applicant ownership right and the agraria holder (land office of Surakarta) Conclusion, decision of Indonesia supreme court nomber 645 K/TUN/2015 that the cassation application proposed to Head Office of Land (Cq. SUYADI H) has been determined that cassation application by H. SUYADI/ head of land office rejected. This based on the decision of Judex Facti has been true and there is no legal error. Thus, the decicion of administratin court decision in dispute land, so court of appeal decide the same as comparation court, that is freehold title nomber 4648, Kelurahan Pajang, Kecamatan Laweyan, Surakarta Cit, Jawa Tengah Province, published on 10 september 2001, letter of measurement: 872/pajang/2001 date of 25-5-2001, SUBARNO, transfrom the right becomes SUYADI H. On 24 October 2013. The proposal from 2016 numbered 155 and from january till june numbered 78 from the the change of certificate applicant which propose to Land Office in proposal reality to do substitution publishing. This is including giving service of substitution certificate in the case of certificate cancelling (case of Supreme Court decision No 645 K/TUN/2015) Key word: court decision and substitution certificate
PENANGANAN TINDAK PIDANA KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN KORBAN MENINGGAL DUNIA DI SATLANTAS POLRES SUKOHARJO YULIAN, FERIZAL
Dinamika Hukum Vol 8 No 2 (2017): DINAMIKA HUKUM
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The purpose of this research is to study and analyze handling in the case of traffic accidents cause deaths at Polres Sukoharjo and action done by Satlantas so implementation of investigation can walk fastly. Background. Handling of accident at Satlantas Polres Sukoharjo need professional and pro active in the process of investigation so the handling of accidents can be done fastly and accuratly, it is also wished by the traffic constitution. Research method. The research location is at Satlantas Polres Sukoharjo. The type of research is empirical research. Character research is descriptive. Source of primary data is obtained from informan from Polres Sukoharjo, in this case, the informan is chief of resort police (kapolres), head of traffic unit (Kasat Lantas), head unit of traffic acciddnt (Kanit Laka Lantas), traffic acciden Investigator (penyidik laka lantas). Conclusion. Based on constitution number 22 in the year 2009, clause 106 verse 1 “everyone who drive vehicle must focus and full concentration” and clause 106 verse 2 year of 2009 said “everyone who drives vehicle must give safe priority to walker and cyclist”. Law analyze of the suspect’s actions caused in traffic accidents which resulted in pedestrian severely injured and died on the lace, as mention in clause 312 law number 22 at year of 2009. Action that taken by satlantas in order that implementation of investigation walk fast is by handling crime scene, identification, publish foreclosure warrant, make letter of receipt of evidence, evidence wrapping. Key words: criminal acts of traffic accidents and investigations.
ANALISIS TERHADAP TINDAK PIDANA KORUPSI PENYALAHGUNAAN KEWENANGAN OLEH KEPALA DESA PADA PUTUSAN PENGADILAN TINDAK PIDANA KORUPSI SEMARANG NO. 21/ PID.SUS/2013/ PN.TIPIKOR.SMG FAWZI, HABRAHAM OKKY
Dinamika Hukum Vol 8 No 2 (2017): DINAMIKA HUKUM
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The purpose of this study is to: 1) Analyze implementation of the criminal law against the crime of corruption misuse of authority by the head of the village on the Court ruling criminal act Corruption Semarang No. 21/Pid. Sus/2013/PN. TIPIKOR. Smg. 2) Analyze consideration of the law judge in meting out the verdict against corruption a criminal offence of abuse of authority by the head of the village on the Court ruling criminal act Corruption Semarang No. 21/Pid. Sus/2013/Pn. Tipikor.Smg. The method of approach in writing this is the juridical normative. The specification of this research uses descriptive analytic. Data source using secondary data. Data collection technique using the study of librarianship and study documents. To analyze the data, the researchers used a qualitative normative method. Based on the research results obtained conclusions that: 1) Application of criminal law in the Crime of Corruption Abuse of Authority by the head of the village on the Court ruling criminal act Corruption Semarang No. 21/Pid. Sus/2013/PN. Tipikor. Smg has been appropriate and in terms of the application of criminal law materially deeds accused BUDIYONO, St. bin HADI SUWONO meet elements of the indictment as subsidair delik chosen by an Assembly of Judges stating that the defendant is proven guilty of the crime of corruption set in article 3 of ACT No. 20 of 2001 about the changes to the Act No. 31 of 1999 regarding the eradication of criminal acts of corruption. 2) in taking its decision, the Tribunal judge do the Juridical reasoning based on facts obtained from the trial indictment the Prosecutor, witnesses, expert information, evidence, description of the defendant and others. In addition the Tribunal judges also perform non-juridical considerations based on the background of the defendant, as a result of the defendant's deed, as well as a condition or capability of irresponsible defendant. However, according to the author of the judge was supposed to dig in-depth on a non-juridical considerations primarily about things that are incriminating the accused. Keywords: Criminal Acts of Corruption, Abuse of Authority
KAJIAN HUKUM TERHADAP TINDAK PIDANA DI BIDANG MEREK DI WILAYAH HUKUM PENGADILAN NEGERI SURAKARTA ISKANDRI, R.M HARYATMO
Dinamika Hukum Vol 8 No 2 (2017): DINAMIKA HUKUM
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The purpose of this study is to analyze the judges' considerations in Decision No. 77 / Pid.Sus / 2015 / PN Skt in relation to the purpose of Law no. 15 of 2001 on Marks. This research is a normative juridical research. The nature of descriptive research, research materials include primary, secondary and tertiary legal materials. Technique of collecting data is done by literature study and document study. Data analysis is done by qualitative juridical. The results show that the judge has stated the defendant was found guilty of committing the criminal act that was charged. Evidence assessed by the panel of judges supports the indictment of the defendant is the testimony of witnesses namely fact witnesses and expert witnesses and letter proof. The judge's verdict has fulfilled the element of legal certainty in relation to the protection of the right to the mark. Keywords: Legal Study, Criminal Acts in the Brand Sector, Decision No. 77 / Pid.Sus / 2015 / PN Skt
TINJAUAN PENANGANAN TINDAK PIDANA PERSETUBUHAN TERHADAP ANAK (PASAL 81 AYAT 2 UU NO. 35 TAHUN 2014) DI SAT RESKRIM POLRES BOYOLALI SETYAWAN, MARYANTO
Dinamika Hukum Vol 8 No 2 (2017): DINAMIKA HUKUM
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The results of the research that the handling of Crime Against Children in Sat Reskrim Polres Boyolali is as follows: (a) Children as Actors, covering: (i) investigation, (ii) investigation, (iii) placed in child special service room, (iv) Detention for 7 (seven) days, (v) make the SPDP and complete the case file and then submit the file of the case with the suspect and the evidence to the Public Prosecutor; (vi) the District Attorney conducts the case study, (vii) arrest the suspect, (viii ) Made the indictment and delegated to the District Court. Steps taken Sat. Criminal Investigation Police Boyolali process investigation of the criminal act of copulation of children has been done based on the procedural law in Indonesia that is Criminal Procedure Code, this is seen from the conduct of procedures investigator action in conducting investigation process. But in the investigation of the investigation procedures there are some things not done by the investigator for certain reasons. The act that the investigator did not do was for example the failure of the suspect's arrest and detention procedure because there were certain reasons that the investigator noticed and did not violate the law applicable in the procedural law in Indonesia. Keywords: Handling, Crime, Needs, Child

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