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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
ANALISIS YURIDIS PERANAN PEMBIMBING KEMASYARAKATAN DALAM SISTEM PERADILAN PIDANA ANAK IKSANTO, RIPRES
Dinamika Hukum Vol 9 No 3 (2018): DINAMIKA HUKUM
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The purpose of this study is to describe and analyze the role of social guidance in the process of settling the case of children and to know the obstacles that exist in the implementation of the tasks of the Counselor of Society. The research method consisted of: type of sociological juridical research, primary data source from observation, secondary data source from bibliography, relevant law and other regulation. Data analysis is done qualitatively. The result of the research shows that the role of the Social Supervisor in the investigation stage are: first, the Community Guidance makes the necessary Community Research as input material in the diversion process. Second, if the case is continued at the level of prosecution, the role of the Community Guardian is to assist the client (the suspect) when the person is handed over from the investigator to the prosecutor after the case is declared complete (P21). Furthermore, if the case is delegated to the district court, the role of the Social Supervisor following the proceedings of the trial and the results of Community Research is used as a consideration to take a decision (constraint) Barriers in the implementation of the role of Supervising Society is a factor limitation of operational resources, limited human resources both quantitative and ability in counseling. In addition, there is also limited infrastructure to support operations in the field. Keywords: Role of Community Guidance, Child Crime
KAJIAN YURIDIS TINDAK PIDANA PEMALSUAN MEREK DAGANG (Studi Kasus Putusan Pengadilan Negeri Yogyakarta Nomor : 354/Pid.Sus/2016/PN.Yyk) SAIMAN, SAIMAN
Dinamika Hukum Vol 9 No 3 (2018): DINAMIKA HUKUM
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The background of the research is that the economic development of the globalization era, the level of civilization in society has evolved over time influenced by the culture of society. Culture is the result of work, taste and creativity. One of the works of human beings that influences the progress of humanity is Intellectual Property Rights, namely one of them. The right to the mark needs legal protection so that the creator gets legal protection. The purpose of this study was to: 1) Analyze the application of criminal law against criminal acts of trademark counterfeiting in the Yogyakarta District Court Decision Number: 354 / Pid.Sus / 2016 / PN.Yyk. 2) Analyzing the judge's legal considerations in making a decision on the crime of trademark counterfeiting in the Yogyakarta District Court Decision Number: 354 / Pid.Sus / 2016 / PN.Yyk. The method of approach in this writing is normative juridical. The specification of this study uses analytical descriptive. Data sources use secondary data. Data collection techniques use literature study and document study. To analyze the data, researchers used qualitative normative methods. Based on the results of the study it was concluded that: 1) The application of the law to the crime of trademark counterfeiting in the Yogyakarta District Court's decision Number: 354 / Pid.Sus / 2016 / PN. falsified, then it can be prosecuted and subject to criminal charges or the holding of an investigation. Without complaints from those who feel that they have been harmed by the fraud, there is no investigation from the police. Enforcement of complaints complained of in the Trademark Law, should be changed or returned to ordinary offenses, thus emphasizing the enforcement and protection of the law against consumers and causing a deterrent effect on perpetrators or counterfeiters of brands. 2) Judges' consideration in imposing a criminal offense against the perpetrator of brand fraud in the Yogyakarta District Court's decision Number: 354 / Pid.Sus / 2016 / PN. trial facts as well as things that alleviate and burden the defendant who are then judged as legal facts to become legal considerations. Other considerations about the crimes imposed are not for retaliation but prevention and coaching. The lack of attention is a consideration that relates to the impact of the defendant's actions, especially for the wider community. This consideration is important because it can affect the creative climate in working in the field of intellectual property rights and investment. Keywords: Counterfeit Crimes, Trademarks.
PARTISIPASI MASYARAKAT DALAM PELAYANAN PUBLIK DI KANTOR PERTANAHAN KABUPATEN BOYOLALI MELALUI BERDASARKAN UNDANG-UNDANG NOMOR 25 TAHUN 2009 TENTANG PELAYANAN PUBLIK SUPRIADI, SUPRIADI
Dinamika Hukum Vol 9 No 3 (2018): DINAMIKA HUKUM
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The purpose of this study is to: 1) examines the public participation in the implementation of public services at the national land Agency Boyolali Regency based on Law No. 25 of the year 2009. 2) examines the obstacles that occur in the implementation of public services at the national land Agency Boyolali Regency based on Law No. 25 of the year 2009. 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) community participation in the implementation of public services at the national land Agency Boyolali Regency based on Law No. 25-year 2009 carried out by providing input and advice on service quality management certificates, namely by way of writing the critique and suggestions for inclusion into the suggestion box and through media research in the form of filling questionnaire. 2) barriers that occur in the implementation of public services at the national land Agency Boyolali Regency based on Law No. 25 of the year 2009, namely in the form of non technical barriers and technical barriers. Non technical barriers, namely: 1) still has that seal pathok SPPT is evidence and the rights of land ownership. 2) still views the community it's hard to be a land registry project participants through Prona (the National Agrarian Project). 3) there is still the assumption that need not bother to register land. Technical barriers in the form of: 1) Occurs the debate between landowners concerned with adjacent landowners regarding land boundaries are designated by each party. 2 do not landowners) were in place when the measurement was held. 3) evidence of ownership is not complete. Keywords: Public Participation, Public Service.
PELAKSANAAN ALIH FUNGSI LAHAN PERTANIAN MENJADI LAHAN NON PERTANIAN BERDASARKAN UNDANG-UNDANG NOMOR 26 TAHUN 2007 TENTANG TATA RUANG (Studi Kasus Di Desa Mojosongo Kabupaten Boyolali) PUTRO, TULUS WASONO
Dinamika Hukum Vol 9 No 3 (2018): DINAMIKA HUKUM
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The purpose of this study is to: 1) Review and analyze the implementation of land use over the function from farmland into non agricultural land in the village of Mojosongo Boyolali district is in compliance with law No. 26-year 2007 concerning Spatial. 2) examines the obstacles in the implementation of land use over the function from farmland into non agricultural land in the village of Mojosongo Boyolali district is in compliance with law No. 26-year 2007 concerning Spatial as well as the efforts of overcoming barriers that occur in the implementation of land use over the function from farmland into non agricultural land. 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 secondary. 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) Execution permission over the function of farmland to non farm in the village of Mojosongo Boyolali Regency less in accordance with the regulations. It can be said so because in the village of Mojosongo land use changes to rice fields is done drying, this is certainly a violation of the regulations used in Boyolali district seeking control over the function of the land. Although the result of such land use change does not affect rice production results against Boyolali Regency, but the land use changes in the future will affect national rice needs, considering Boyolali Regency is one of the barns in Central Java province. Dikabulkannya of agricultural land use change to non farms, has also violated the provision in the Public Space of the City Plan (RUTRK) and Boyolali district, because the land is proposed for revamped its use be non farm land These do not comply with zoning-zoning that has been assigned in the plan of City Public Space (RUTRK) and Boyolali district. 2) barriers in the implementation of the land use change permissions against over use of farmland into home living in national land Agency Office/Agrarian and Spatial Boyolali Regency IE 1) Constraint Coordination policy, 2) Constraint Implementation of the policy and Planning Consistency Constraints) 3. The Government's effort in controlling Boyolali over the function of farmland to non-agricultural land is to certificate the soil for farmers who aims to provide certainty of rights and legal certainty over land ownership controlled the farming community and the society as a fast, precise, easy, inexpensive and secure, thus accomplishing the strengthening status of farmers ' land rights that used to be a plot of land of the dead be capital capital predicates active. Keywords: Agricultural Land, Farm, Non Farm
PELAKSANAAN PEMBUATAN PETA LENGKAP BERBASIS DESA UNTUK MEWUJUDKAN SISTIM INFORMASI PERTANAHAN DI KANTOR PERTANAHAN KABUPATEN BOYOLALI YUSRI, YUSRI
Dinamika Hukum Vol 9 No 3 (2018): DINAMIKA HUKUM
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This research is to study and to know the suitability of the implementation of making the Complete Village Based Map in Boyolali District conducted by the Land Office of Boyolali Regency of Central Java Province with PMNA / KBPN Number 3 Year 1997 on Implementation of Government Regulation Number 24 Year 1997 in the field of national scale standard map provide the necessary information and to find out the constraints faced in implementing the village-based complete Map and the efforts made for the smooth implementation. The research method used is discrete method. The type of data obtained is Primary data is data obtained directly from the informant or data sources through interviews and documentation and secondary data is data obtained by observing and studying existing data relating to the implementation of making Village-Based Complete Map. Data collection techniques with documentation and interviews are then analyzed in a descriptive way with Qualitative approaches, by finding the distinction between the procedure of performing the Complete Village-Based Complete Map with the applicable regulations then analyzed, assessed and drawn a conclusion. The implementation of the Map-Based Complete Map in Boyolali District, Central Java, which has 19 Districts and 269 Villages, is carried out in stages. Implementation of Making Village-Based Complete Map there are things that the author wants to know and review about some things whether it is in accordance with the applicable regulations or not yet that is about the standard national scale maps that can provide the required information and the exact obstacles encountered in the implementation making the Village-based Complete Map which includes: Internal constraints / from within which is the lack of time, tools used and personnel / human resources implementing making Village-Based Complete Map. External / external constraints include the involvement of landowners, village apparatuses, unpinned land titles, land ownership disputes, inheritance distribution and many other external constraints that may hamper the implementation of a Village-Based Complete Map that can trigger land disputes in the future . Keywords: Making a complete village-based map that can provide information needed for the public interest.
PERANAN KANTOR JASA SURVEYOR KADASTER BERLISENSI (KJSKB) DALAM PELAKSANAAN PENDAFTARAN TANAH SISTEMATIS LENGKAP (Studi Kasus di Kantor Pertanahan Kabupaten Karanganyar) ZAENURI, ACHMAD
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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The objectives of this study are: to examine the existence of Licensed Cadastre Surveyor Service Office (KJSKB) on the implementation of Complete Systematic Registration in Karanganyar Regency to find out KJSKB's legal authority in PTSL implementation in Karanganyar Regency. The approach method used in this study is juridical normative. The nature of the research used in this study is descriptive analytical. The results of the study show that the role of Licensed Cadastre Surveyor Service Office (KJSKB) in the implementation of Complete Systematic Land Registration in Karanganyar in the field of surveying, measuring and mapping land was not optimal yet. The survey, measurement and mapping activities which are carried out by KJSKB include: Planning, Making Working Maps, Measuring and Determining the Limits of Land Plots, Making Measuring Images, Mapping Fields of Lands, Cluster Identification 4, Printing Field Maps and Reporting. Lessoptimal planning causes longer work completion times. It impacts on the next stage. Ignoring local wisdom impacts on non-optimal of obtaining data. Making Nonstandard Measuring Images results in the rejection of the quality control process by the BPN Team. The measuring staff experience that is lacking in field mastery also has an impact on less than optimal results. The KJSKB legal authority in the implementation of PTSL in Karanganyar Regency is related to the work of land registration is the data of the size of the field, Measure Image, Map of Land Affairs, and the results of services or other survey and mapping activities in accordance with the provisions of legislation. Systematic Land Registration Complete in principle to map and register land in full. The limitation of KJSKB's authority in accessing KKP application data has an impact on the results of work that is not optimal. In planning and making work maps are not given maximum access. The authority to sign the Letter of Measure is still the domain or authority of the deputy chairperson of the physical task force Keywords: licensed cadastral surveyor, systematic land registration, delegation of authority.
KAJIAN YURIDIS TERHADAP UNSUR KEALPAAN DALAM PASAL 310 AYAT (4) UNDANG-UNDANG NO. 22 TAHUN 2009 TENTANG LALU-LINTAS DAN ANGKUTAN JALAN PADA TINGKAT PENYIDIKAN DI POLRES WONOGIRI HARTA, AD BANK
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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The purpose of this study is to examine the disclosure of elements of negligence in the crime of traffic accidents and assess the obstacles at the investigation level, especially at the Polres Wonogiri. The background of the research is that the element of neglect in the crime of a traffic accident is a very important element. Disclosure of elements of negligence requires adequate knowledge and understanding from the investigator. The element of negligence is an essential element in the formulation of criminal acts of traffic accidents. Therefore this study will examine how investigators uncover elements of negligence in criminal acts of traffic accidents. The research method consists of the type of research is normative juridical which is equipped with empirical data through observation. The nature of the research is descriptive. The research material consists of primary legal material, namely Law No. 8 of 1981 concerning the Criminal Procedure Code, Law No. 22 of 2009 concerning Road Traffic and Transportation, REGULATION OF KAPOLRI No. 15 of 2013 concerning Procedures for Handling Traffic Accidents. Secondary Legal Materials consist of Government Regulation No. 27 of 1983, Resume of Cases of Traffic Accident Crimes. The tertiary legal material is the Law Dictionary. The method of data collection is done by literature study and observation. The method of data analysis is done qualitatively. Research Results are elements of negligence in the crime of traffic accidents since the investigation level must be proven by the investigator. Investigation efforts to uncover elements of negligence must be based on sufficient evidence such as testimony of witnesses, experts, letters, instructions and statements of the defendant. Constraints in the disclosure of elements of negligence in the crime of traffic accidents are evidence in the Case Event Place that has been damaged or lost. Witnesses who knew directly about the incident did not exist. Most people who gather at the Case Events are people who give help to victims. They are not people who know, hear and see directly the events. Another obstacle is the weather conditions such as rain, the state of the Case Event without lighting. Internal constraints are the number of Human Resources that still need to be improved both in quality and quantity. Keywords: Juridical Study, Elements of Forgiveness, Investigation, Traffic Accident Crimes, Wonogiri Police Station.
TINJAUAN YURIDIS LEMBAGA PRAPERADILAN PASCA PUTUSAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA NO. 21/PUU/-XII/2014 NUGROHO, ADIEK SETYO
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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The purpose of this study is to examine the pretrial authority after the Putusan Mahkamah Konstitusi No: 21/ PUU-XII / 2014 and analyze the juridical implications related to the proof system. The background of the problem is that after the Putusan Mahkamah Konstitusi No: 21 / PUU-XII / 2014, pretrial has the object of examination not only regarding the legitimacy of arrest and/or detention, but includes whether or not the determination of the suspect and whether or not searches and or seizures are valid. The research method includes the type of normative juridical research, the nature of descriptive research, the research material includes Undang- Undang No. 8 Tahun 1981 tentang Hukum Acara Pdana, Undang-Undang No. 48 Tahun 2009 tentang Kekuasaan Kehakiman, Peraturan Pemerintah No. 27 Tahun 1983 tentang Pelaksanaan Kitab Undang-Undang Hukum Acara Pidana, Putusan Mahkamah Konstitusi No. 21 / PUU / -XII / 2014. The results of the study that the pretrial authority according to Undang- Undang No.8 Tahun 1981 tentang Hukum Acara Pidana relating to forced efforts is to examine and decide on: legal or not arrest, legal or not detention. After the Putusan Mahkamah Konstitusi No. 21 / PUU-XII / 2014, the pretrial authority is added by examining the validity or non-determination of suspects, whether or not searches are valid, valid or not. Implication from the point of proof, in pretrial examinations must use material evidence. In making arrests, detention, the determination of suspects must have at least 2 (two) legal instruments that are lawful. The legal evidence is the testimony of witnesses, experts, letters, instructions, statements of the defendant. Keywords: Pretrial, Putusan Mahkamah Konstitusi No. 21 / PUU / -XII / 2014.
PELAKSANAAN PENDAFTARAN TANAH UNTUK PERTAMA KALI BERDASARKAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH (Studi Kasus di Kantor Pertanahan Kabupaten Magetan) PAMUJI, AGUS
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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The purpose of this study is to: 1) Review and analyze the implementation of the land register for the first time with the Government Regulation Number 24 year 1997 regarding Land Registration in the Office of land Magetan. 2) review and analyze the obstacles that occur in the implementation of the land register for the first time based on the Government Regulation Number 24 year 1997 regarding Land Registration in the Office of land Magetan. 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 procedures for the implementation of land registry are sporadic in Magetan Regency sudahsesuai with Government Regulation No. 24 Year 1997. However in practice the implementation of land registry in sporadic yet can increase the amount of land enrolled in Magetan. 2) land registry in sporadic Resistance in Magetan Regency caused by various factors that greatly affect i.e. lack of socialization about the benefits and the land registry, the data provided to the Office for petanahan Register of land does not correspond to the actual data, the number of communities that cannot afford the top large land registration fees, as well as the assumption that the community needed a long time in maintaining the certificate. To overcome the obstacles in the land registry are sporadic in Magetan Regency, such efforts can provide socialization about the benefits of and procedures for the registration of land as a regular activity in the Office of land Office, Magetan The defense is more selective in doing pengecekkan data-the data provided in the activity of the applicant's land registry. Keywords: Land Registration, First.
TINJAUAN YURIDIS PERKARA Iá¹ BAT NIKAH SECARA VOLUNTAIR DAN CONTENTIUS DI PENGADILAN AGAMA KEBUMEN MAHFUD, ALI
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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The results of the study show that there are only one-sided interests or voluntary claims or claims. Whereas in the claim or contention there is a dispute with another party / parties, which is a minimum of 2 parties. The voluntary lawsuit, there is only one party that submits or is absolutely one party (ex-parte). Whereas in contention there are parties or third parties involved with different interests. The voluntary lawsuit is processed simply and then given a determination. Whereas in the contention case, a contradiction is carried out, such as there are duplicates, and so on, in which each party has the right to be given their respective opportunities to make their own defense or defense in accordance with the established procedures, to produce a court decision. Juridical Review Used by Kebumen Religious Court Judges on the Determination / Decision of Marriage in Voluntary Dan Contentius, namely the basis of consideration of the Kebumen Religious Court in providing the marriage certificate, namely by looking at and examining the legal standing of the applicant to file a marriage certificate in a religious court and Fundamentum Petendi (posita) is the basis or proposition of a lawsuit that contains the events and legal relationship of marriage rights and the reason or purpose in filing a marriage certificate. In addition, the reason for submitting the marriage certificate at the Kebumen Religious Court is not limited to what is mentioned in article 7 paragraph (3) KHI, but also for the purposes of making a child birth certificate and other interests. Keywords: Juridical, Islamic, Voluntary, Contentius Review