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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
KAJIAN YURIDIS PELAKSANAAN TUKAR GULING TANAH WAKAF AKIBAT PENGADAAN TANAH UNTUK PEMBANGUNAN JALAN TOL SOLO-SEMARANG (Studi Di Kabupaten Boyolali) HARDIYANTO, BAMBANG
Dinamika Hukum Vol 9 No 3 (2018): DINAMIKA HUKUM
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The purpose of this study is to: 1) Review and analyse the mechanisms of implementation of Exchange due to the procurement of the Waqf land spit of land for the construction of the highway in the village of Mojolegi sub-district of the terrace and the village of Denggungan Sub-district Banyudono Boyolali Regency. 2) review and analyze the obstacles that occur in the implementation of the exchange of land endowments due to scroll the procurement of land for the construction of the highway in the village of Mojolegi sub-district of the terrace and the village of Denggungan Sub-district Banyudono Boyolali Regency.The method of approach in writing this is the juridical sociological. The specification of this research uses descriptive analytic. Data source use the primary data and the data of skunder. Engineering data collection using the study interview, the library and study the documents. To analyze the data, the researchers used a qualitative descriptive methods of analysis.Based on the research results obtained the conclusion that the mechanism of implementation of the result of the Waqf land spit switch the procurement of land for the construction of the highway in the village of Mojolegi and the village of Denggungan Sub-district Banyudono Boyolali Regency Terrace Sub implemented with reference to the provisions of the presidential Regulation number 3 of the year 2016 on the acceleration of project implementation, National execution so conveniently located changes the status of the Waqf property affected by the procurement of land for the construction of toll roads tend to conflict with the provisions of legislation regulating the mechanism of change of status of property endowments. Barriers that occur in the implementation of the exchange of land endowments due to scroll the procurement of land for the construction of the highway in the village of Mojolegi sub-district of the terrace and the village of Denggungan Sub-district Banyudono Boyolali Regency are: (1) Internal factors that is most great Nazhir still less understanding about the basic tasks and functions related changes the status of the Waqf Property affected by the highway as well as the active role and coordination of the related parties include: Nazhir, KUA, Religious Ministry (Central, provincial, city of Semarang), BWI, and Semarang toll road, PPK, national land Agency and the team Implementing the procurement of land where the maximum yet in the settlement changes the status of the Waqf Property affected by the highway. (2) external factors that is having trouble finding a replacement property land endowments affected the appropriate toll road development, both in terms of the value of the loss, dressing side reviewed the Location and designation of utilization of Space. Keywords: Swap spit of land endowments, the procurement of land for the public interest.
STRATEGI TIM P4GN DALAM PENCEGAHAN PEMBERANTASAN PENYALAHGUNAAN DAN PEREDARAN GELAP NARKOBA BERBASIS MASYARAKAT DI KABUPATEN SUKOHARJO PRABOWO, BRIAN PRIMANDA
Dinamika Hukum Vol 9 No 3 (2018): DINAMIKA HUKUM
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The purpose of this research are to know and analyze : 1) to know and analyze the strategy and implementation of P4GN team in the prevention of the eradication of using and illicit traffic of the drugs based on the society in sukoharjo regency :2) to know and analyze the problems that faced by P4GN team in the prevention of the eradication of using and illit traffic of the drugs based on the society in sukoharjo regency. This research use the empiricial juridical method. thedata sources are get by the informant of event activities also the documents. The sampling techniq that used is purpose sampling. The technique of data collection that used to get and arrange the research datas are interview, observation, also analyze the document. Based on the result of this research, can conclude that : 1)the strategy and implementation the P4GN team in the prevention of the eradiction ofusing and illitic traffic of the drugs based on the society in sukoharjo regency. These are a) preventive program extention to 1000 suburb 2 nd step,b) goes to junior high school, senior high scholl and campus,c)bmonthly action program ,d) meet up program and mmet up community ,e)formating the education cadre, f)branding soft rehabilitation and the implementation with the concept that always change each year by adjusting the early condition that follow the growth in society. So can know the danger of the drugs that more threa tening this nation, next the society consiously declare the suburb without drugs as one of the rejection action to the drugs. 2)the problems that faced the strategy of p4gn team in the prevention of the eradiction and the illitic traffic based on the society in sukoharjo regency, such as : a) not yet formed the BNN in district level, b)the limitted of budget funds, c) the lack of human resources, d) the limitted of office facility,e) the society has not understand about P4GN Keywords : Strategy, P4GN Team, Drugs, Society.
KAJIAN PERBANDINGAN UNDANG - UNDANG NOMOR 15 TAHUN 2003 TENTANG PEMBERANTASAN TINDAK PIDANA TERORISME DENGAN UNDANG-UNDANG NOMOR 5 TAHUN 2018 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 15 TAHUN 2003 TENTANG PEMBERANTASAN TINDAK PIDANA TERORISME SEPUTRI, DENNY PERDANA
Dinamika Hukum Vol 9 No 3 (2018): DINAMIKA HUKUM
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This Research aims to provide comparative law to the Law on Terrorism in force in Indonesia. It also provides an analysis of the advantages and disadvantages of each Act. This research, background that terrorism is a crime against humanity and civilization and is a serious threat to the sovereignty of any state because terrorism including crime is international, inflicting harm on security world peace and to public welfare. The research method consists of this kind of research is normative juridical, nature is prescriptive and applied research. This research approach with the approach statutory and comparative approach. Of the source of data acquired through study literature available to memperroleh secondary data. Data analysis using a technique of the data analysis with the logic deductive. The results of the study, that the comparison arrangement eradication of terrorism in Indonesia using the definition of terrorism that includes formal offense only where the definition is more pointed than the perpetrator, the general advantages and disadvantages of each Act can serve as benchmarks the extent of effectiveness of the application of laws invitation as a measure to combat terrorism. Keywords: Comparative Law, Terrorism, Law No. 15 of 2003 onTerrorism.
ANALISIS PROSES PENYIDIKAN TINDAK PIDANA PERJUDIAN JENIS TOGEL DI WILAYAH HUKUM POLRES WONOGIRI (Berkas Perkara Nomor : BP / 58 / V / 2017 / Reskrim, Polres Wonogiri) SATRIAWAN, GUNUNG
Dinamika Hukum Vol 9 No 3 (2018): DINAMIKA HUKUM
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The purpose of this study is to analyze the investigation of the perpetrators of Criminal Types of Gambling Togel in the Wonogiri Police Law Area. It also wants to know the obstacles that occurred in the investigation. Background of the study, that gambling TOGEL in society is a social fact and seems to be regarded as common in society. Some people consider it not a serious offense. The research method consists of the type of research is normative juridical, the nature is descriptive research. Data sources are observations to obtain primary data and literature study to obtain secondary data. Data analysis is done qualitatively. The result of this research is that the handling of this type of togel gambling case has succeeded in uncovering facts supporting the fulfillment of elements of gambling crime. The legal basis for handling gambling crime is Law No.8 of 1981 on Criminal Procedure Law and Law No.2 of 2002 concerning Police of the Republic of Indonesia. Obstacles in conducting this type of gambling togel action are not very significant, but in general the barrier in criminal investigation is due to the lack of resources needed to support the effectiveness of law enforcement. Keywords: Investigation, Crime of Gambling, Penal Code, Law No.2 Year 1981 on Criminal Procedure Law, Law no. 2 of 2002 on the Police of the Republic of Indonesia. Keywords: Investigation, Crime of Gambling, Penal Code, Law No.2 Year 1981 on Criminal Procedure Law, Law no. 2 of 2002 on the Police of the Republic of Indonesia.
TINJAUAN HUKUM PIDANA TERHADAP PENYELESAIAN KREDIT MACET BERDASARKAN STUDI KASUS PUTUSAN PENGADILAN NEGERI SENGETI NO. 120/ Pid.B/2016/PN Snt SUGIHARTOKO, HERI
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This thesis aims to analyze the criminal review of the act of forced taking of goods in the debtor's authority by the Debt Collector and the consideration of the judge in Decision No. 120 / Pid.B / 2016 / PN Snt. concerning criminal acts of forced effort carried out by the Debt Collector in accordance with article 368 paragraph (1) of the Criminal Code in conjunction with Article 56 to 1. The background of the research is based on the rampant forced taking of goods controlled by creditors by debt collectors. Forced collection of goods is carried out because of bad credit.The approach method in the study is a case study approach, namely the case of forced taking of goods against creditors by Debt Collector in the decision of the Sengeti District Court Number. 120 / Pid.B / 2016 / PN Snt. The results of the study stated that debt collectors who forcibly take goods in the power of debtor debtors who are not registered are criminal acts that violate the provisions of Article 368 of the Criminal Code, namely acts of extortion, plunder and threats. Debt collector in the consumer financing credit agreement is only a tool and the last effort of the finance company to return the credit object in arrears. Withdrawal of motorized vehicle items is not permitted without the right rights. Judges consider in imposing a verdict on the crime of forcibly taking goods controlled by the creditor in accordance with the provisions concerning criminal acts of extortion carried out jointly, namely in article 368 paragraph (1) jo article 56 paragraph (1) of the Criminal Code. Keywords: debt collector, bad credit, forced collection of goods
ANALISIS TERHADAP TINDAK PIDANA PENGANGKUTAN LIMBAH BAHAN BERBAHAYA DAN BERACUN (Studi Pada Putusan Pengadilan Negeri Pati Nomor: 8/PID.Sus/2015/ PN Pti) NUGROHO, INDRIATI
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The purpose of this study is to: 1) analyzes the legal consideration of judges in meting out the verdict against the criminal acts of the transport of waste hazardous toxic ingredients on the ruling of the District Court of starch number: 8/PID. SUS/2015/PN Pti. 2) Analyze criminal law enforcement perpetrators of criminal acts of hauling B3 already oriented to embody aspects of Justice. The method of approach in writing this is the juridical normative. The specification of this research uses descriptive analytic. Data source using data skunder. Engineering data collection 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 the conclusion that legal Considerations: 1) judge in meting out the verdict against the criminal acts of the transport of waste hazardous toxic ingredients on the ruling of the District Court of starch number: 8/PID. SUS/2015/PN Pti IE in the form of imprisonment for 1 (one) year and a criminal fine of Rp. 1,000,000,000 (one billion dollars) to the provisions if the defendant does not pay criminal fines that will be replaced by criminal confinement for: 2 (two) According to the author of the Moon is just right. The Tribunal judge in disconnected things already consider the facts in the trial as well as the evidence presented by the Prosecutor in the trial proceedings. 2) law enforcement criminal perpetrators of criminal acts of hauling B3 oriented to embody aspects of Justice should pay attention to three basic values in the enactment of the law in the community, that is based on fairness, expediency, and legal certainty. Philosophical aspects of Justice, sociological benefit/usefulness, then legal certainty concerning the juridical side. In the above case, according to the authors of the justice aspect-oriented yet because of social or economic aspectsbased who intervened by law and law enforcement are not balanced, equal treatment was not performed against the same offender. The verdict is only fulfilling aspects of positive law but does not provide fairness and expediency. The law goes into effect is the law in favor of no law above the parties. So the legal products issued a legal product is not equitable. Keywords: Criminal Act of Transportation, Waste Hauling Hazardous Toxic Materials
PELAKSANAAN PENGADAAN TANAH UNTUK KEPENTINGAN UMUM BERDASARKAN PERATURAN PRESIDEN NO. 148 TAHUN 2015 (Studi Kasus Pengadaan Tanah Untuk Pembangunan Jalan Tol Di Kabupaten Boyolali) JARWADI, JARWADI
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The purpose of this study is to: 1) Review and analyze the procurement of land for the public interest in the construction of highways in Boyolali district is in compliance with the legislation. 2) review and analyze the procurement of land for the public interest in the construction of highways in Boyolali district already meets the elements of equity for the holders of land rights. The method of approach in writing this is the juridical sociological. The specification of this research uses descriptive analytic. Data source use the primary data and the data of skunder. Engineering data collection using the study interview, the library and study the documents. To analyze the data, the researchers used a qualitative descriptive methods of analysis. Based on the research results obtained conclusions that: 1) the implementation of the provision of land for the public interest in the construction of highways in Boyolali Regency based on presidential regulation Number 148 Year 2015 the fourth Change of over Regulation Number 71 Year 2012 President about organizing the procurement of Land for development for the benefit of the public that is implemented through the stages: stages of development plans, notification is done through socialization Councilor. This socialization activity carried out several times until it gets approval from the Councilor. The next step is done the assessment of damages that are adapted to the conditions of the location of the land. The next step is to conduct deliberations awarding damages and determination of damages. 2) procurement of land for the construction of toll roads, Solo-Mantingan already meets the elements of fairness, it is indicated by the existence of the grant of a compensation value corresponds to the market price to the community as holder of the property rights over the land, so by the existence of the toll road construction creates happiness and sense of Justice. It is in accordance with the theory of Justice advanced by John Stuart Mill. John Stuart Mill stated that justice is aimed at the attainment of happiness. Keywords: procurement of land, public interest, the elements of Justice.
IMPLEMENTASI PENDAFTARAN TANAH SECARA SISTEMATIK BERDASARKAN PERATURAN MENTERI AGRARIA DAN TATA RUANG/KEPALA BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA NOMOR 6 TAHUN 2018 TENTANG PERCEPATAN PENDAFTARAN TANAH SISTEMATIS LENGKAP FADHOLI, MUHAMMAD
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The purpose of this study is to: 1) Review and analyse the implementation of the registration of property rights over land are systematically complete with the enactment of the Ordinance of the Minister of Agrarian Affairs and Spatial/head of the national land Agency of the Republic of Indonesia number 6 Year 2018 of Systematic Land Registration Full Acceleration. 2) examines the obstacles that occur in the implementation of the registration of property rights over land are systematically complete national land Agency Office on Boyolali Regency.The method of approach in writing this is the juridical sociological. The specification of this research uses descriptive analytic. Data source use the primary data and the data of skunder. Engineering data collection using the study interview, the library and study the documents. To analyze the data, the researchers used a qualitative descriptive methods of analysis.Based on the research results obtained conclusions that: 1) the implementation of a systematic Land registration is complete (PTSL) is one of the Government's activities in the field of land registry in the form of pensertifikatan in bulk in order to help the entire the economic classes, especially medium and low economy. PTSL program will be held regularly every year, where most of the sources of the Fund are borne by the Government, as well as the stages in the implementation of PTSL in Boyolali Regency can already run well and have been implemented in accordance with the applicable provisions in the Ordinance of the Minister of Agrarian Affairs and Spatial/head of the national land Agency of the Republic of Indonesia number 6 Year 2018 of Systematic Land Registration Full Acceleration ... This success rate is indicated through the implementation period of only 5 months of work from 1 year budget work, as well as the publication of 80% certificate of land that PTSL enrolled in the program. 2) factors that become an obstacle in the implementation of PTSL in Boyolali Regency, among others: (a) the level of education of a society that is still very low, causing not all components of the community understands and has rapid response resource related PTSL's implementation. (b) the applicant has difficulty to PTSL was presented at the time of measurement activities because of some of the bustle. (c) the applicant does not perform the installation of the sign limits with some reason, either because there has been no precise time or still going to dispute with the owner of the land that borders this caused delays in implementation activities. (d) the completeness of the collection of administrative terms by the applicant. Keywords: Land Registry, Systematic, Complete.
OPTIMALISASI PENYELESAIAN KREDIT BERMASALAH DI BANK JATENG CABANG KOORDINATOR SURAKARTA MELALUI KERJASAMA DENGAN KEJAKSAAN NEGERI SURAKARTA MULYANTO, MULYANTO
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Objectives general general of this research is to describe analytically the resolution of non-performing loans in collaboration with the Surakarta District Attorney's Office, while specifically the purpose is to: (1) Know the process of resolving non-performing loans at the Bank Jateng Coordinating Branch Surakarta. (2) Assessing what factors cause the resolution of non-performing loans through cooperation with the Surakarta District Attorney's institution can be more profitable than without cooperation with the Surakarta District Attorney's institution. (3) Understanding the obstacles faced in the settlement of non-performing loans at the Bank Jateng Coordinating Branch Surakarta. This research is a normative juridical study, the type of research is studying document studies, and is descriptive in nature. The study was conducted at Bank Jateng Surakarta Coordinating Branch. The data used is primary, secondary and tertiary legal materials. Data analysis was carried out by reviewing the credit agreement in the practice of granting credit at Bank Jateng Coordinating Branch Surakarta. Results of the study: (1) The process of solving non-performing loans at the Central Java Bank of Surakarta Coordinator is done by non-litigation and litigation. Non litigation method is carried out through deliberation by rescheduling, reconditioning, and restructuring. The method of non-litigation starting from the billing phase also involved assistance / cooperation with the Surakarta District Attorney as State Attorney in the State Civil and Administrative Affairs to resolve the non-performing loans in accordance with the credit agreement made by Bank Jateng Surakarta Coordinator Branch with debtor customers. (2) Factors that cause cooperation with the Surakarta District Attorney are more profitable because the State Prosecutor's Office is a law enforcement agency, and the Prosecutor's Office can powerfully act inside and outside the Court for and on behalf of the State or Government. Some obstacles in the settlement of non-performing loans at the Bank Jateng Coordinating Branch Surakarta are: The existence of debtors with ill intentions, debtors experiencing economic / business problems, limited debtors in understanding and implementing Bank policies. Keywords: Credit agreement, Non-performing loans, Bank Jateng Coordinating Branch Surakarta.
IMPLEMENTASI PEMBERIAN GANTI RUGI DALAM PEMBEBASAN TANAH UNTUK PEMBANGUNAN JALAN TOL SOLO-KERTOSONO BERDASARKAN ASAS KESEJAHTERAAN MENURUT UNDANG-UNDANG NOMOR 2 TAHUN 2012 TENTANG PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM PURWANTA, PURWANTA
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The purpose of this study is to: 1) examines the implementation of reparation in the liberation of the land for the construction of toll roads, Solo- Kertosono, whether it is in compliance with the principle of welfare according to ACT No. 2 of the year 2012 On Land Procurement For Development For The Benefit Of The Public. 2) examines the factors that become advocates/barrier in the process of reparation in the construction of toll roads, Solo-Kertosono. The method of approach in writing this is the juridical sociological. The specification of this research uses descriptive analytic. Data source use the primary data and the data of skunder. Engineering data collection using the study interview, the library and study the documents. To analyze the data, the researchers used a qualitative descriptive methods of analysis. Based on the research results obtained conclusions that: 1) the implementation of reparation in the liberation of the land for the construction of toll for development for the benefit of common with reparation to the community that his rights to land affected by the construction of toll roads in the form of money damages. The magnitude of the money damages in the fulfillment of basic welfare performed with the value reparation the current market price, so that people who receive compensatory will experience economic improvement and kesejahteraannya, because the money the indemnity could be used to buy land and the rest for business activities. 2) factors that become advocates in the process of reparation in the construction of toll roads, Solo-Kertosono i.e. determination of the unsettled deliberations the magnitude of damages as well as the magnitude of damages set by the Government that is three times orders of magnitude greater than the market price of the land. Restricting factors in the process of reparation in the construction of toll roads, Solo-Kertosono namely rejection of the citizens of the community. Keywords: compensation, land acquisition, the basis of well-being