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Dinamika Hukum
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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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Articles 172 Documents
IMPLEMENTASI UU NOMOR 41 TAHUN 2009 TENTANG PERLINDUNGAN LAHAN PERTANIAN PANGAN BERKELANJUTAN (STUDI KASUS DI KOTA SURAKARTA) MARDIYATMI, RATNA DWI
Dinamika Hukum Vol 9 No 2 (2018): DINAMIKA HUKUM
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This study aims to determine the implementation of Law No. 41 of 2009 concerning Protection of Sustainable Food Agriculture Land in Surakarta City and its obstacles. Research background, that the development of food security and sovereignty needs to be carried out through the provision and establishment of sustainable food agricultural land. But in urban areas, efforts to maintain the existence of agricultural land are quite complicated problems. The high demand for land due to the development of housing, trade, services, industry and others causes a large proportion of the agricultural area to continue to decline every year. The promulgation of Law No. 41 of 2009 concerning Protection of Sustainable Food Agriculture Land is expected to reduce the high rate of conversion of rice fields and maintain their ecological functions. This type of research is an empirical legal research. The nature of the research is descriptive because it wants to describe the implementation of Law Number 41 of 2009 concerning Protection of Sustainable Food Agriculture Land in Surakarta City. The results of the study, that the implementation of Law Number 41 of 2009 concerning Land Sustainable food agriculture in the City of Surakarta was only at the stage of inventorying paddy fields and had not yet arrived at the formation of a Regional Regulation. The reason is that paddy fields in the city of Surakarta are not productive because there is no technical irrigation network available, the majority of the livelihoods of the people of Surakarta are not as farmers, and the high demands of settlement needs as a consequence of the development of urban areas. This is in accordance with the results of identification by the Department of Agriculture, BPN and BAPPEDA that out of 111 hectares of agricultural land listed in the Regional Spatial Planning of Surakarta City No. 1 of 2012, the total area of agricultural land is less than 111 hectares and only 80-90 hectares of land. agriculture that is not cultivated and partly in the form of paddy fields surrounded by housing. The absence of a regional regulation that stipulates the protection of sustainable agricultural land causes in practice there is no clarity regarding protected land, sanctions for violations or incentives that will be accepted by the community if they do not carry out or protect the agricultural land they own. Keywords: protection of agricultural land, land conversion
PERAN BADAN PERMUSYAWARATAN DESA (BPD) DALAM MENGAWASI PENGELOLAAN KEUANGAN DESA DI DESA PANGGUNGHARJO KECAMATAN SEWON KABUPATEN BANTUL YUNUS, RISWAN
Dinamika Hukum Vol 9 No 2 (2018): DINAMIKA HUKUM
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The aim of thesis to examine and analyze the rule of BPD in overseeing the financial management of the village as well as to examine and analyze any problems of village Deliberatioan Agency in overseeing the vinancial management of the village and how to find the solution. Thesis background is the policy of the central government to strengthen the presence of the village (village autonomy)that has been allocated by the state budget (APBN) the potential for misuse of budget funds the village is quite large therefore it is important for BPD as an institution that is directly in contact with the village government to know its rule in overseeing the village government’s financial management. This study used empirical juridical reseach The selected location is Panggungharjo village, Bantul. This study used descriptive analytical research design, and the results of this study were provided though overview, in-depth, abouth the situation or symptoms studied. The object of research was role of village Deliberation agency in overseering the management of village finances in panggungharjo, sewon, bantul A source of data was obtained through interviews, and facts were obtained by the village apparatus and direct observation. The results showed that BPD used involvement in the village agenda such as the preparation of the village mid-tem program plan, the formulation of the village income and expenditure budged, and the formulation of various village regulations (Perdes) There is any indication that the financial losses of the village will be rejected. Mereover this of village programs, as well as maximizing socialization activies, the importance of community involment in monitoring village government. Providing information they know about allageted irregulations commited by the village apparatus BPD obtacles in conducting surveillance are not up to the detail and technical supervision of village financial management. So the role undertaken by BPD is considered less involved, and the lack of member as human resouerces of BPD at Panggungharjo. The solutioan to these contraints is expected to be more regulatory changes that give strengthen to the position of BPD, BPD should be more active to ask all the important things about the management of village government programs, improve the skills training of members of BPD in accordance with the needs, so that the capacity of the members to be better. Keywords. The Role Of BPD In Overseeing Village Financial Management.
ANALISIS HUKUM DAN ETIKA TERHADAP TANGGUNG JAWAB PERS INDONESIA DALAM PEMBERITAAN PERS YANG DAPAT MEMICU KONFLIK DI MASYARAKAT AL FARISI, SALMAN
Dinamika Hukum Vol 9 No 2 (2018): DINAMIKA HUKUM
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The result of the research that the press coverage that can trigger the conflict in the community can be concluded that: the news that can trigger the conflict in society is through the right of reply (Article 5 paragraph [2] Act of Press) and right of correction (Article 5 paragraph [3] . The right of reply is the right of a person or a group of people to respond or refute to the news in the form of facts that are detrimental to his good name, while the right of correction is the right of everyone to correct or correct misinformation provided by the press, both about himself and others. Article 10 of the Regulation of the Press Council Number: 6 / Regulation-DP / V / 2008 concerning Ratification of Decree of the Press Council Number 03 / SK-DP / III / 2006 on Journalistic Code of Ethics as a Press Council Regulation ("Journalistic Code of Ethics") new journalist ethics), which states that "Indonesian journalists immediately revoke, rectify, and correct false and inaccurate news accompanied by apologies to readers, listeners, and or viewers. Keywords: Indonesian Press Law and Ethics In Accounting for Press Coverage Which Can Spark Conflict In The Community
KAJIAN HUKUM TERHADAP PELAKSANAAN PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) DI KOTA SURAKARTA GENDROJONO, SETYANDARU
Dinamika Hukum Vol 9 No 2 (2018): DINAMIKA HUKUM
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This research is to know the implementation, obstacle, and obstacle and solution of Implementation of Complete Systematic Land Registration (PTSL) in Surakarta City. The research method used is non-doctrinal method or empirical law research. The location of this research is Land Office of Surakarta City. Data collection techniques include interviews, observations, and document studies. Data analysis techniques use interactive analysis model. Result of research of Complete Systematic Land Registration (PTSL) in Surakarta City are (1) obstacles and obstacles to implementation, among others: (2) the sub-district heads and village heads are less supportive because they assume will reduce their sustenance; (3) limited facilities and infrastructure, and some technical constraints. The solution to these obstacles is the program of Complete Systematic Land Registration (PTSL) served as the Municipal Government program with the support of the local parliament, drafting the Technical Instructions and Guidelines for the Heads of Sub-district and Village Heads, making improvements to facilities and infrastructure, and cooperating with technicians computer) locally. The community feels greatly helped by the program of Complete Systematic Land Registration (PTSL) because there are some cost burdens that are released, the community is very enthusiastic and actively participate, the community is very helpful with the certificate of his land. Program socialization time is stated long enough, so that many people already know and immediately prepare the physical data and yet there is also stated too short. The conclusions of this research are: (1) that the purpose of organizing the activities of Complete Systematic Land Registration (PTSL) is to provide the first land registration service with a simple process; (2) easy and fast in order to accelerate land registration throughout Indonesia; (3) the implementation of Complete Systematic Land Registration (PTSL) is one form of government efforts in order to improve the welfare of the weak to middle class. Keywords: Legal Study, Implementation, Complete Systematic Land Registration (PTSL), Surakarta.
ANALISIS YURIDIS EMPIRIS SEMA NO.73/KMA/HK.01/IX/2015 TERHADAP PERPECAHAN PERADI SEBAGAI WADAH TUNGGAL ORGANISASI ADVOKAT DALAM SISTEM PERADILAN DI INDONESIA SUGIYONO, SUGIYONO
Dinamika Hukum Vol 9 No 2 (2018): DINAMIKA HUKUM
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Based on Article 28 paragraph (1) of the Advocate Law was mandated for forming a single advocate organization, as a follow-up of that article then established the Perhimpunan Advokat Indonesia (PERADI). But inside the development, some advocates who disagree with that PERADI’s policy established a new advocate organization namely Kongres Advokat Indonesia (KAI). The Problems increase when the PERADI National Congress held around mid of 2015 became chaotic and finally PERADI split into three parts of the management including of PERADI version of Fauzie Yusuf Hasibuan, PERADI version of Luhut MP Pangaribuan, PERADI version of Juniver Girsang. This study purposes were determined the dynamics of single advocate organizations establishment in realizing existence, freedom and independence of the advocate profession, and finding the law consequences of single advocate organization split to the advocate profession. The research method was used empiric juridical research. The data were used primary and secondary data using qualitative analysis. The research conclusions are with the formation of Advocate Law and advocates ethical code do not guarantee the integrity of a single advocate organization in fact divided into three PERADI management that is not appropriate with the mandate of the Advocate Law, and the legal consequences of the single advocate organization (PERADI) split was raised legal uncertainty for an advocate organization in accordance to the Advocate Law, Then the PERADI split do not only affects the advocate profession but also PERADI, client, Supreme Court, police, and Attorney. Suggestion given that needed conflict resolution in PERADI by means of non litigation or reconciliation deliberation. However, if the means it fails then the last way is litigation through the general judiciary, it is need for renewal of the Advocate Law and it is also required the addition of the provisions in the Advocate Ethical Code, as well as the need for revocation Letter of Supreme Court Chief Number 73/KMA/HK.01/IX/2015. Keywords: Single organization, advocate organization, PERADI.
ANALISIS YURIDIS KEBIJAKAN PENGELOLAAN PENERIMAAN NEGARA BUKAN PAJAK TERPUSAT DARI KEGIATAN PELAYANAN PERTANAHAN PADA KANTOR PERTANAHAN KOTA SURATARTA SULISTIYANINGSIH, SULISTIYANINGSIH
Dinamika Hukum Vol 9 No 2 (2018): DINAMIKA HUKUM
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Non-Tax State Revenue is one source of state revenues whose current existence becomes increasingly important. This is because the tax revenue in the last few years did not reach the maximum target. Therefore, the optimization of Non-Tax State Revenue is absolutely necessary. The Legal Basis used by the Ministry of Agrarian Affairs and the National Land Administration in collecting Non-Tax State Revenues (PNBP) is Law No. 20/1997 on Non-Tax State Revenues whereas the types and tariffs have been amended several times and the last amended by Government regulation No. 128 Year 2015. In general the realization of Non-Tax State Revenue and the National Land Agency / Land Agency continues to increase means that there is a continuous increase Non-Tax State Revenue At the Ministry of Agrarian Affairs and Spatial / National Land Agency. Not aligned realisasai target Non-Tax State Revenue with the realization of the use of budgets sourced from Non-Tax State Revenue indicates that there are obstacles in the management of Non-Tax State Revenues in the Ministry of Agrarian Affairs and the National Land Office / Land Agency which will affect the performance of service performance. Method This research is a type of empirical research with the nature of deskrptif is to describe how the management of Non-Tax State Revenue from Land Service Activity at the Land Office of Surakarta and the obstacles experienced in the management of Non-Tax State Revenue. The results of the research indicate that the management of Non-Tax State Revenues before 2016 with the system Not centralized, depositing, recording bookkeeping and reporting implemented by each Unit / office and the use of PNBP funds can only be enjoyed Producer Unit and used directly by the work unit according to the permit use . At the time of disbursement of funds must enclose evidence of Non Tax Payment (SSBP) that has been confirmed or validated by the Office of State Treasury Services. After 2016 with centralized management, direct deposit to the Secretariat General of the Ministry of Agrarian Affairs and Spatial / BPN with the application of SIMPONI is integrated with the CTF WEB and its use is based on the Maximum Disbursement from the Director General of Treasury without attaching the Non-Tax Payment Letter. Keywords: Budget Management, Centralized PNBP
HERMENEUTIKA BHABINKAMTIBMAS PERSPEKTIF IMPLEMENTASI PEMOLISIAN MASYARAKAT BERBASIS KEMANDIRIAN DESA DALAM MEWUJUDKAN KEAMANAN DAN KETERTIBAN DI WILAYAH DESA TANGKIL KECAMATAN SRAGEN KABUPATEN SRAGEN SUMARJI, SUMARJI
Dinamika Hukum Vol 9 No 2 (2018): DINAMIKA HUKUM
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The purpose of this research is to find out what the basics of Bhabinkamtibmas consider to build community policing based on village independence to realize security and order in the Tangkil Village of Sragen Subdistrict Sragen, as well as the obstacles that Bhabinkamtibmas have in building community policing to realize security and order in Tangkil Village in Sragen Subdistrict Sragen Regency. The background of the research is that the research was conducted in Tangkil Village in Sragen Subdistrict Sragen Regency. The research method consists of hermenetic research approach that is the data collection technique used by the method of field research through interview and literature study research, then from all the collected data done by qualitative analysis. Research findings show that Bhabinkamtibmas's role in building community policing is through working professionally by implementing community development, early detection and mediation / negotiation aimed at creating conducive conditions in rural areas. The obstacles experienced by Bhabinkamtibmas in maintaining and implementing security and order in the Tangkil Village area Sragen Subdistrict Sragen Regency: Internal Barriers: Binmas Unit / Bhabinkamtibmas Unit as the mainstay of the main government is still a duplicate of the work, Limitation of the ability of Bhabikamtibmas especially in the provision of construction material as well as communication techniques with the community, There is still a Bhabinkamtibmas assignment that is more than one hosted village. The absence of a continuous socialization of the other functions of the Police (Intel, reserse, traffic, sabhara) and Binmas's function regarding Bhabinkamtibmas and the empowerment of the Police. External Obstacles: Covering the presence of an Independent Police and Community Partnership Offices (BKPM) in both villages and subdistricts, the main activity of the policymakers of Bhabinkamtibmas to establish partnerships with the community has not been properly facilitated. The Polri and Community Partnership Forum (FKPM) in villages / villages as a vehicle for communication between the National Police and the community concerned with issues of social and social issues and seeking solutions on the basis of a collective agreement is less effective, this is due to the role Police in relation to Bhabinkamtibmas Officers do not play the maximum role because of the complexity and duplication of work. How to overcome the problem of Obtimalization of Bhabinkamtibmas in the construction area can be done through Human Resource Improvement through education, provision of Police and Community Partnership Center (BKPM), Placement of one village / village Bhabinkamtibmas personnel, Placement of Bhabinkamtibmas officers domiciled in their respective residential areas and professionalism with not duplicate work. Key words : Bhabinkamtibmas, community policing
TINJAUAN YURIDIS TERHADAP PELAKSANAAN PENDAMPINGAN TERSANGKA/TERDAKWA OLEH ADVOKAT DALAM PRAKTEK PENANGANAN PERKARA PIDANA SUPARMAN, SUPARMAN
Dinamika Hukum Vol 9 No 2 (2018): DINAMIKA HUKUM
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The purpose of this study is to get an understanding of the implementation of assistance of suspects/defendants by advocates in the handling of criminal cases and obstacles. The research method consists of: the type of research is sociological juridical, the nature of research is descriptive. Research data include primary and secondary data, Data analysis is done normatively qualitative. The results showed that the implementation of criminal case assistance by the Legal Counsel was conducted based on Law No.8 of 1981 on Criminal Procedure Law. At the level of investigation advocate accompanying the suspect by way of seeing and hearing the examination. At the prosecution level the case was carried out at the time of the second stage submission (the suspect's submission and evidence). On examination at the district court level, in practice the legal counsel is entitled to file an objection to the indictment, to bring witnesses to lighten the defendant, have the right to ask the witness, and the right to file a defense. The barrier that exists in practice is that advocates can not give enough input to defend because they can only see and hear the examination. In the district court, the obstacle faced is a dilemmatic situation, especially in the case of the exercise of the right to file an objection to the indictment. If this right is used the risk is that the trial will be longer because there are several trial delays. If this right is used the process takes a long time so the case is not immediately completed. Keywords: Juridical Review, Advocate, Handling Of Criminal Cases.
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PELECEHAN SEKSUAL (Studi di Polres Ngawi) HUSNA, UMMUL
Dinamika Hukum Vol 9 No 2 (2018): DINAMIKA HUKUM
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The Cases of child sexual abuses are continues to increase over time. Children are the nation’s future generation who need special legal protection which is different from adults, because of their immaturity physical and mental reasons. The legal protection of children is defined as the legal protection to the children’s freedom and rights which is related to the welfare. The purpose of this research is to determine how the legal protection and the obstacle factors related to the crime of child sexual abuse victims in Ngawi. The method used in this research is empirical juridical approach with descriptive study. The data sources consists primary data and secondary data. The Data collected from literature study and interviews. Data were analyzed using qualitative approach, that is primary data obtained directly from the field analyzed according to the legislations which is related to the child protection. The results of the research are: (1) Implementation of legal protection against victims of sexual harassment in Ngawi Police Territory The implementation of legal protection against children as victims of sexual harassment has been in accordance with Presidential Decree No. 36/1990 on the Convention on the Rights of the Child. Research on the protection of child victims of sexual violence in polres ngawi year 2013-2015 above can be seen that the protection given to victims is to receive reports of victims of sexual violence against children under age so that it is in accordance with the law on child protection number 23 of 2002 as amended in law number 35 of 2014 (2) obstacles when conducting an investigation The barriers when conducting an investigation occur because first in terms of collecting evidence for sexual harassment cases there is no witness other than the victim himself who experienced it, the two victim's statements are not frankly due to fear, shame, trauma and the threat of the perpetrator. Keywords: law protection, victim of child sexual abuse
ANALISIS YURIDIS KESADARAN HUKUM PADA REMAJA DALAM KETAATAN LALU LINTAS SESUAI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN RAHMAN, YAHYA IBADU
Dinamika Hukum Vol 9 No 2 (2018): DINAMIKA HUKUM
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The result of research of legal awareness study on adolescent in the appropriate traffic obedience, that is still less, this is proven by adolescent do not execute existing traffic rules. This is evidenced still many occurrences of violations of the law of traffic conducted by adolescents. In addition to violations committed by students is a violation of red lights, no SIM, and do not use the completeness of driving include: not using the rearview mirror, not using a helmet, and non-standard vehicle conditions. Many students who do not have a SIM because they are not old enough, do not have the cost, and do not know the information how the procedure to create a driver's license that already has a SIM. The factors that inhibit the increase of legal awareness in adolescents in traffic compliance in accordance with the law number 22 of 2009, namely: The Use of Vehicles by teenagers They average not enough age in taking the Driver's License (SIM), sociological knowledge structure of society, namely the thinking that always underestimate things, public knowledge about the law number 22 of 2009 is still very minimal. Steps that can be done so that our teenagers understand the importance of traffic awareness that is, it is necessary to socialize that children who do not have a driver's license should not bring a motor vehicle considering their psychological and mental conditions are not stable to deal with events on the streets and not skilled in running his vehicle. Keywords: Legal Awareness, Youth, Traffic Adherence

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