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KEWENANGAN MENTERI DALAM NEGERI DALAM MEMBATALKAN PERDA PROVINSI DAN PERDA KABUPATEN/KOTA Kajian Terhadap Putusan MK Nomor 56/PUU/-XIV/2016 BAEHAQI, BAEHAQI
Dinamika Hukum Vol 9 No 1 (2018): DINAMIKA HUKUM
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The purpose of this study is to analyze The Ministry of Internal Affairs authority to annul The Local Adjustment and The Supreme Court in Judical Review after The Judgement of MK No.56/PUU-XIV/2016 and also to analyze the law strength of The Ministry of Internal Affairs authority to annul The Local Adjusment. Presendece of the judgement, The Constitution Court passed by The Judgement No. 137/PUU-XIII/2015 explain that section 251 of UU No. 23 year 2014 about The local adjusment of the related area with authority to annul the city adjusment no longer could annul by Governor or The Ministry of Internal Affairs. Afterwards, The Supreme Court passed by The Judgement No.56/PUU-XIV/2016 explain The Central Goverment no longer have authority to annul The ProvinceLocal Adjusment. The problems formulation that would be explain in this paper is about how is the authority of annuling The Local Adjusment by The Ministry of Internal Affairs after The JudgementNo. 137/PUU-XIII/2015 and No.56/PUU-XIV/2016. The research method consist of yuridis normatif and the nature of the research isdescriptive research. The materials of the research consist of UU No. 23 year 2014, UU No. 12 year 2011 and The Judgement No. 137/PUU-XIII/2015 and No.56/PUU-XIV/2016. The result of research and the assesment in The Judgement of MK shows that The Ministry of Internal Affairs njo longer have the authority to annul The City/ProvinceLocal Adjusment, therefore the Government which has the higher position could be given an authority to supervise the newborn regulation in the local area. Theimplementation of the supervision can be applied by founding the local area with strengthen the executive preview or testing a law norm before legitimate legally, it is compliance with the sense of UUD NRI 1945section 24A. Keywords : annul, the local adjusment

KAJIAN YURIDIS PUTUSAN MAHKAMAH AGUNG NO.1402K/PDT/2015 (STUDI KASUS HAK MILIK NO.947 KELURAHAN SRIWEDARI HERMAWAN, BAMBANG
Dinamika Hukum Vol 9 No 1 (2018): DINAMIKA HUKUM
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The disclosure of cases relating to the lawsuit against the holder of the certificate by the holder of the original land rights, has raised a sense of insecurity for the holders of the certificate. In Surakarta City there was a dispute over the cancellation of the second / substitute certificate, namely the Right of Ownership No. 947 of the Village. Under these circumstances, it encourages the author to know how legal certainty is the land title certificate for the implementation of a court decision that has permanent legal force, which is later canceled by the Supreme Court's decision and to find out how the protection provided by the law against the party registered in the right certificate replacement land. This study uses a normative juridical approach, by examining and reviewing the applicable and competent laws and regulations to be used as a basis for problem solving and using information from several resource persons as reference material. From the results of the study it can be seen that the issuance of a replacement certificate / second ownership rights No. 947 Sriwedari Village based on a court decision that has permanent legal force, namely the Supreme Court Decision No. 1402k / Pdt / 2015, has not been able to provide full legal certainty and legal protection to rights holders. Because with a negative publication system, there are still opportunities to file state administrative claims / disputes by other parties. Keywords: Land Registration, Certificate Cancellation

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEMBAKARAN HUTAN (Studi Kasus Putusan Nomor: 74/Pid.Sus/2015/PN.KAG) WICAKSONO, BUDI
Dinamika Hukum Vol 9 No 1 (2018): DINAMIKA HUKUM
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Pollution and environmental damage as in the case of environmental destruction burning Forest Area Conserfation/Forest Moratorium PT. Bumi Mekar Hijau (BMH) Simpang Tiga District Simpang Tiga Village, Tulung Selapan Subdistrict, Ogan Komering Ilir District, has had an impact on human life, such as global warming, flash floods, forest fires, landslides that cause both human and noneconomic resources of society, social and public facilities. Besides causing epidemics of dengue fever, muntaber, lungs and diarrhea and others. Based on this, the author wants to review through environmental crime. This study aims to examine law enforcement against criminal acts of forest burning and examine more appropriate criminal acts in Decision Number: 74/Pid.Sus/2015/PN.KAG. This study uses normative juridical type, the nature of the research is descriptive. Data source used secondary data. Technique of collecting data by conducting library research and document study on Decision Number: 74/Pid.Sus/ 2015/ PN.KAG. Analyze data by collecting data which then connected with existing problems and arranged in a systematic and logical. The results showed that law enforcement against defendant I. Kardomo Als Domo Bin Usup and defendant II. Ali Usman Bin Named for his actions which caused the destruction of the environment in the area of Conservation Forest / Moratorium Forest (protected forest) and Simpang Tiga Village Conservation Forest Simpang Tiga Village, Tulung Selapan Subdistrict, Ogan Komering Ilir Regency, namely :) were sentenced to imprisonment respectively for a period of 1 (one) year and a fine of Rp.250,000,000 (two hundred and fifty million rupiahs) provided that a fine is not paid is replaced with imprisonment for 3 (three) months. Based on the testimony of witnesses, evidence of letters and statements of the defendants and the existence of material evidence, the fact that the burning of land carried out by the defendants has caused a fire of 6100 hectares of land and caused the wood and grass trees on the land to burn up and cause smoke, resulting in pollution and/or destruction of the environment and existing evidence in the hearing, the appropriate criminal act in decision No. 74/Pid.Sus/2015/PN.KAG is a crime act of burning land/ forest. Keywords: Law enforcement, and burning Forest.

PELAKSANAAN UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF DALAM PENGELOLAANNYA DI KECAMATAN LAWEYAN KOTA SURAKARTA WAHYUNINGSIH, EKO
Dinamika Hukum Vol 9 No 1 (2018): DINAMIKA HUKUM
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This study aims to determine the implementation of Law Number 41 of 2004 concerning Waqf in the Management of Waqf Land in Laweyan District, Surakarta City, the efforts made, the constraints faced and the solutions made in the implementation of the law. Sources of data in this study were collected through observation, interviews, and documentation obtained from the Head of the Office of Religious Affairs, Nazhir Wakaf, Wakif and Camat District Laweyan Surakarta City. Data analysis techniques used qualitative data analysis which was presented in descriptive form and conclusion drawing was done using the deductive method. From the research carried out, it was found that Law No. 41 of 2004 had not been fully implemented. Of the 169 waqf lands that have been pledged to represent 163 waqf lands. Likewise, the 8 existing waqf lands do not have a waqf certificate. In the case of Nazhir it was also found that some had not carried out their duties and functions according to the mandate of Law Number 41 of 2004 concerning Waqf. It was also found that there were 2 cases of waqf disputes. Some efforts have been made in the implementation of Law Number 41 of 2004 concerning Waqf in Laweyan Sub-District, Surakarta City, such as the dissemination of endowments and waqf certification. In the Implementation of Law Number 41 of 2004 concerning Waqf in Laweyan District, obstacles were still found, namely the lack of understanding of both waqif and Nazhir people regarding the law, the lack of orderly administration and management of waqf, the lack of knowledge of Nazhir in the endowments of waqf, and the abundance of land or the building that is represented does not have a land or building certificate. Overcoming these constraints The Head of the Office of Religious Affairs in Laweyan Subdistrict made a solution by appealing to the waqf, Nazhir, the Village Chief and the community to immediately make a Waqf Pledge Deed or Substitute Deed of Waqf Pledge, and free the waqf certification fee by charging it in the APBN. Keywords: waqf management

ANALISIS YURIDIS PELAKSANAAN PEMBERIAN REMISI DAN PEMBEBASAN BERSYARAT SEBAGAI BAGIAN DARI PROSES PIDANA PENJARA (Studi di Lembaga Pemasyarakatan (LP) Kelas II A Sragen) DEWANGGA, JHOHAN SURYA
Dinamika Hukum Vol 9 No 1 (2018): DINAMIKA HUKUM
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Penitentiary system is an order about direction and boundary and way of guidance of community assisted people to realize mistake, can improve and do not repeat crime. Basically prisoners as prisoners have rights which guaranteed by law. The author will disguise the right in the right to get a reduction in the term of detention (remission) and the right to parole.The problems studied in this research are: (1) How is the implementation of Remission and Conditional Disbursement for the prisoners of Penitentiary (LP) Class II A Sragen. (2) What are the obstacles in granting Remission and Parole to the prisoners of Penitentiary (LP) Class II A Sragen. The research method used in this research is qualitative research and descriptive research type with empirical juridical approach. Data analysis method used in this research is data collection, data reduction, data presentation, conclusion. The results of the research are: (1) The implementation of remission in Class IIA Sragen Correctional Institution implemented in accordance with Presidential Decree no. 174 Year 1999 jo. Decree of the Minister of Law and Human Rights and Legislation of the Republic of Indonesia No.M.09.HN.02 / 01 of 1999 on the Implementation of Presidential Decree No. 174 In 1999, Permenkumham 21 of 2016 states: Parole, a program of coaching to integrate Prisoners and Children into the life of the community. after fulfilling the specified requirements. convicted prisoners still have to comply with the other terms specified in Article 5 to Article 9 of Regulation of the Minister of Justice and Human Rights Number: M.2.PK.04-10 Year 2007. (2) Constraints on prisoners themselves Prisoners granted Conditional Exemption must be guaranteed. Letters of assurance from the family, inmates involved or taking disciplinary action or other matters that constitute a breach of discipline. The conclusion of this research is: In Human Rights Permenkum No 21 of 2013 and in Permenkum HAM No 21 of 2016 also did not mention that the human factor used in the remission can also be applied for the granting of parole. Suggestions from this research: Optimization of online system for remission and conditional application with strict supervision and optimal performance so that the system used makes it easier and transparent. Keywords: Remission, Conditional Submission, Penal Institution

PELAKSANAAN DIVERSI OLEH PEJABAT KEPOLISIAN TERHADAP TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA YANG DILAKUKAN OLEH ANAK (Studi Kasus di Polres Boyolali) SURYANI, M. ARIFIN
Dinamika Hukum Vol 9 No 1 (2018): DINAMIKA HUKUM
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Background Our country is a state based on law (recht staat) not based on mere power (macht staat), then all the power of the state must be regulated by law. The main duties of the Police under Law No. 2 of 2002 on the Indonesian National Police are to maintain public order and security, to uphold the law and to provide protection, protection and public service. The police are granted an authority to take other actions according to the law responsible in concrete situations on the ground based on their own judgment in the context of the operation of the Police. This wisdom is called diversion. Diversi is the transfer of the settlement of cases of children from the criminal justice process to proceedings outside the criminal justice, as mentioned in Article 1 number 7 of Law Number 11 Year 2012 on the Criminal Justice System of the Child. Objective To analyze the implementation of police diversion by police officers against the criminal acts of abuse of narcotics conducted by children in Polres Boyolali. Research Method The method of this research is sociological juridical approach method. Results The pushing factors consist of internal factors that include adequate substance of the Act, support of superiors, factors of investigator and facility factors, external factors including support from community leaders and cultural factors. The inhibiting factors faced by the police are internal and external constraints. Internal obstacles in the form of investigator morality (susceptible to abuse of authority) while the external constraint is the lack of public understanding of the diversi- dence committed by the police. Conclusion The diversion in Boyolali Resort Police is given in the case of a narcotic abuse crime perpetrated by a child that is the settlement of a case outside the court because there is a guarantee from the parents and the recommendation of Breath. Keywords : Diversion, Police, Abuse of Narcotics, Children

KAJIAN HUKUM PEMANFAATAN DANA DESA DALAM PEMANFAATAN DANA DESA RANAH DESA PILOT DI DESA PONGGOK, POLANHARJO KLATEN WIDAYATI, MM. SRI
Dinamika Hukum Vol 9 No 1 (2018): DINAMIKA HUKUM
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Legally Normative based on article 18 of the 1945 Constitution and Act Number 6 of 2014 and all Regulations of PDT and Transmigration Village Ministers in relation to Village and Village Funds in Ponngok Village in the Utilization of Village Funds from 2015 to 2017 are in accordance with governmental rules 40% for Community Empowerment and 60% Infrastructure Development.So the Village Fund Year 2018 utilized for the Development of Tourism Area with Aikon: Water Warm Remixâ€ Pilot Village. This Research with study of SWOT analysis with the Statute Approach and Concept Approach found Strenght, Weakness, Opportunity and Threat in Ponggok Village. In accordance Permendesa Number 19 of 2017 contains about the BUMDes Superior Program that can be funded with the Village Fund at point I namely the establishment and development superior product Village and / atau seed of rural areas, among athers, at point d) Village Tourism Industry. The conclusion that the Village has been running well, in accordance with the target, the management becomes the guideline for the Village Fund the following year, the number of investors to cooperate in Ponggok Village as a tourist village that will lead to Pilot Village. With the concept of the researcherâ€™s proposal is Aikon Tourism Area Design: â€œWater Warm Remixâ€ Relaxation Therapy. Keyword: Utilization of Village Fund, Tourism Development, Water Warm Remix, Pilot Village

ANALISIS YURIDIS PELAKSANAAN SISTEM PEMBEBANAN PEMBUKTIAN TERBALIK TINDAK PIDANA KORUPSI PENGADILAN TINDAK PIDANA KORUPSI MUHAIMIN, MUHAIMIN
Dinamika Hukum Vol 9 No 1 (2018): DINAMIKA HUKUM
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Proof is the central point of court in a court case. Proof is also a provision that regulates the instruments of evidence that are justified by the law and which the judge may use to prove the guilt of the indictment. Corruption is classified as an extraordinary crime (extra ordinary crime). the application of the reverse verification system does indeed appear to be something that ties with human rights. The application of a reversed evidentiary system should be placed in the context of a balance between the rights of the defendant and the rights of all the people. The problems studied in this research are: (1) How to Conduct Proof of Corruption in Corruption Court? (2) What are the Constraints Constraints faced in Corruption Proofing in Corruption Court in Corruption Court? The research method used in this research is qualitative research and descriptive research type with empirical juridical approach. Data analysis method used in this research is data collection, data reduction, data presentation, conclusion. Result of the research: (1) reverse proof is a deviation from the provisions of KUHAP which determines that the prosecutor is obliged to prove the criminal act, open the defendant. Under this provision the defendant can prove that he is not committing a criminal act of corruption. If the defendant can prove it does not mean he is not proven to be corrupt, because the prosecutor is still obliged to prove his indictment. (2) Lack of equality of perception of law enforcers in applying and performing reverse verification In practice in Corruption Court, reversed proof is applied depending on what is in the indictment of the prosecutor, as long as the prosecutor does not indict anything related to reverse verification then the Panel of Judges there is no basis for doing reverse proof. The conclusion of this research is: If the defendant can prove it does not mean he is not proven to be corrupt, because the public prosecutor is still obliged to prove his indictment. Suggestions of this research are: Improvement of the contents and weaknesses of Law Number 20 Year 2001 on Amendment to Law Number 31 of 1999 on Eradication of Corruption. Keywords: Corruption, reversed proof, Corruption Court

IMPLEMENTASI KEBIJAKAN HUKUM PIDANA DALAM PENANGGULANGAN TINDAK PIDANA MALPRAKTIK KEDOKTERAN RACHMAT W, HM. PRATAMA
Dinamika Hukum Vol 9 No 1 (2018): DINAMIKA HUKUM
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The medical profession is one profession that is filled with risks, sometimes in treating the patient or the patient may cause injury or disability and even death as a result of the doctor's actions. Thus doctorâ€™s action often indicated as the medical malpractice by the victim in this case the victim is the patient. Many claim, especially in criminal, addressed to the doctor or medical health personnel due to the action of this health worker. It is necessary doing the research on policy formulation within the framework of criminal law crime prevention, particularly in medical malpractice in giving legal protection to patients of medical malpractice victims. This thesis aims to knowing criminal law policy according to Law number 36 year 2009 about health and Act number 29 year 2004 about medical practice in overcoming malpractice crime of medicinethe and implementation of Law number 36 year 2009 on health and Act number 29 year 2004 about medical practice in overcoming malpractice crime of medicine In preparing this thesis, using a normative juridical approach, namely the author researching library materials that are secondary data is better known by the term legal research literature,which is associated with health. In the Penal Code, Act No. 36 of 2009 and on Act No. 29 of 2004 on the Practice of Medicine, according to the current laws of positiveism not governing the understanding of medical malpractice. In the Act No. 29 of 2004 on the Practice of Medicine concerning corporate liability is limited to infringement of the practitioner's license. other than that In the Act No. 29 of 2004 on the Practice of Medicine also stipulates that in case of alleged malpractice it should be handled by MKDI in advance to be investigated before entering the criminal realm. Implementation of Law Number 29 of 2004 on Medical Practice and Law Number 36 Year 2009 on Health which is reflected in the completion of the case to the doctor Ayu with the free decision, which is to provide protection to the patient, to maintain and improve the quality of medical services. given by doctors and dentists, and Provide legal certainty to the doctor in order to carry out the task calmly. Keywords: Policy, Criminal Law, Policy, Law, Malpractice

KEBIJAKAN PEMERINTAH PERIHAL PENGANGKATAN TENAGA HONORER TERHADAP BERLAKUNYA PERATURAN PEMERINTAH NOMOR : 56 TAHUN 2012 TENTANG PENGANGKATAN TENAGA HONORER MENJADI CALON PEGAWAI NEGERI SIPIL DI LINGKUNGAN PEMERINTAH KABUPATEN MAPPI PROVINSI PAPUA WIDOYO, WAHYU
Dinamika Hukum Vol 9 No 1 (2018): DINAMIKA HUKUM
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The Objectives of research is to analyze the Government Regulation No 56 of 2012. abaout the Honorary officer Hiring into the Potential Civil Servants implemented in the Government of Regency Mappi viewed from the law implementation aspect and to evaluate the implementation of Governmant Regulation No 56. of 2012 implementation in coping with the problems of officer hiring in Regency Mappi.In fact, in order to support the smoothness of government and development assignment implementation, in both central and local government, the honorary officers are hired. Among those honorary officers some of them had been working for along time for the governmernt and their existences are really necessary to the government. In order to cope with the problems of honorary officer, the government issues policy goverming the honorary officers hiring into Potential Civil Servants (CPNS). With the philosophy of desiring to recruit the Potential Civil Servant (CPNS) from honorary officer as appreciation for their dedication to the government, the Government Policy is issued in the form of Government Regulation No, 56 of. 2012. about the Honorary Officer Hiring into the Potential Civil Servants. The research method used in this study was sociological law research, because it started from the primary data , the one deriving directly from the society as the first source using field study that was conducted using observation and interview. The law research as sociological ( empirical ) research can be realized in the law implementation prevailing or the research on law identification. This research was taken place in Badan Kepegawaian Pendidikan dan Latihan Aparatur of Regency Mappi to facilitate the access to the source and information on the data needed in this research and because the writer resides in the research location area so that observation, study and analysis level on the research object is expected to be more precisely.The result of discussion using analysis shows that the implementation of honorary officer hiring into the potencial civil servants in Regency of Mappi has not effective because some obstacles and problems are found during implementation of honorary officer hiring into the Potential Civil Servants in Regency of Mappi Key words : Obstacles, Impementation, appointmen of honorery staff

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Journal Mail Official
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Kota surakarta,

Jawa tengah

INDONESIA