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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
PROSES PERALIHAN HAK ATAS TANAH MELALUI JUAL BELI DITINJAU DARI PERBEDAAN IDENTITAS PEMEGANG HAKDI KABUPATEN WONOGIRI CAHYONOWINAHYU, BUDI HARSOYO
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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The purpose of this research is to know the process of registering the transfer of rights over land at the onogiri District Land Office if the identity of the holder of the land rights has a difference between what is written in the certificate of land rights and what is written on the identity card. faced by the Wonogiri Regency Land Office, and the solutions taken to deal with these problems. Legal research used is descriptive research and when viewed from its type, it includes empirical research using a qualitative approach. Research location in Wonogiri Regency. The types of data and data sources used are primary data and secondary data. The data collection technique used is library research both from books, legislation, documents, and so on, and through observation (interview) and interviews (interviews). Data analysis techniques use an interactive analysis model. The results of this research, first, the procedure for the transfer of land rights through buying and selling in Wonogiri Regency is in accordance with Government Regulation Number 24 of 1997 concerning Land Registration. The procedure for transferring land rights through buying and selling based on Government Regulation Number 24 of 1997 must fulfill formal material requirements and requirements. The material requirements cover the subject and object of the rights to be traded, while the formal terms of sale and purchase of land rights must be proven by a sale and purchase deed (AJB) made by or in the presence of a Land Deed Officer. Second, the constraints in the implementation of the transfer of land rights through buying and selling due to differences in the identity of rights holders include the culture of people who easily change names, require a relatively longer process due to additional requirements that must be fulfilled, namely by making a witness application by witnesses and known by the Village Head and the local Sub-District Head. Third, the solution is to provide clear criteria in a statutory regulation so that it does not cause a different understanding or meaning in determining the resolution of the problem of changing names. Keywords: Transition of Land Rights; Buy and sell of Land; Change name.
KEBIJAKAN PENEGAKAN HUKUM PIDANA TERHADAP PELANGGARAN PASAL 310 AYAT 1 UU NO. 22 TAHUN 2009 TENTANG LALU-LINTAS DAN ANGKUTAN JALAN DI WILAYAH HUKUM POLRES SRAGEN PUTRA, DANI PERMANA
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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The purpose of this study: First, reviewing criminal law policies contained in No.22 of 2009 concerning Road Traffic and Transportation. Second, reviewing the enforcement of criminal law against violations of Article 310 paragraph (1) No.22 of 2009 concerning Special Road Traffic and Transportation at Sragen Police Station. Research background that Law No. 22 of 2009 concerning Road Traffic and Transportation in which it contains criminal provisions intended for the purpose of the promulgation of the Law to be achieved. Criminal law policy in Law No. 22 of 2009 concerning Road Traffic and Transportation will be analyzed in terms of the subject of criminal acts, prohibited acts and policies regarding sanctions. The research method consists of the type of research is normative juridical. The nature of the research is descriptive. The research materials included Law No. 8 of 1981 concerning Criminal Procedure Law, Law No. 22 of 2009 concerning Road Traffic and Transportation, Traffic Accident Case Documents at Sragen Police Station, Indonesian Law Dictionary, Indonesian Dictionary. Data is collected through library studies and documents. The data analysis method used is a qualitative method of analysis. Research Results on Criminal Law Policy at the stage of formulation in Law No. 22 of 2009 concerning Road Traffic and Transportation, the results of the study are as follows: First, the formulation policy on the subject of criminal acts is formulated with the words, "every road operator", "every person", "every road user", "Transport Company General". Second, criminal law policies regarding "prohibited acts" are formulated in a variety of ways and divided into qualifications of violations or crimes. Third, criminal law policy regarding sanctions is alternative namely prison or fine, confinement or fine. There are also those which formulate cumulative alternative sanctions in the form of "imprisonment and or fines, imprisonment and or fines". The results of the study on applicative policies or criminal law enforcement policies obtained the following results: The handling of traffic accident cases by Sragen Police has been carried out according to the provisions of Law No. 22 of 2009 concerning Road Traffic and Transportation and Law No. 8 of 1981 concerning Criminal Procedure Law, Law concerning the National Police of the Republic of Indonesia. The three laws are used as the legal basis for enforcing the law against violations of Article 310 paragraph (1) of Law No. 22 of 2009 concerning Road Traffic and Transportation. The act of enforcing criminal law has been carried out in accordance with applicable regulations. The handling of alleged traffic accident cases has proven elements of Article 310 paragraph (1) Road Traffic and Transportation Law. The elements of the Article are: "everyone", "driving a motorized vehicle", "due to negligence", "causing a traffic accident", with damage to the vehicle and / or goods. Keywords: Criminal Law Policy, Law No. 22 of 2009 concerning Road Traffic and Transportation.
ANALISIS PENYELENGGARAAN SISTEM ADMINISTRASI BADAN HUKUM DALAM PERSPEKTIF UNDANG – UNDANG TIPIKOR ( SISMINBAKUM ) HARSONO, DANIEL KURNIAWAN
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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Granting legal status of a Limited Liability Company must meet certain requirements ie after its founding deed approved by the Minister of Justice and Human Rights as provided for in Article 7 paragraph (4) of Law Number 40 Year 2007 regarding Limited Liability Company which states as follows: "The Company obtained legal status on the date of issuance of Ministerial Decree regarding the ratification of the Company's legal entity "How Implementation Certification Limited Company so as to obtain legal status? And if there are criminal acts of corruption in the administration of the registration Sisminbakum Company Limited. Since the Supreme Court decision was issued last year Romli the legal process Sisminbakum with suspected cases of former Minister of Justice and Human Rights Yusril Ihza Mahendra and businessman Hartono Tanoesoedibjo as if suspended. When the AGO never take a stand against the two suspects who declared the file is complete or the P21 and Decision cassation case Romli indeed indirectly related to the suspect that is the case Sisminbakum Yusril Ihza Mahendra and Htartono Tanoe, on a case Romli the AGO itself has 2 options namely Review filed (PK) or PK is not filed and will accept the decision of the appeal. Post Supreme Court decision that sentenced loose Romli Atmasasmita, AGO then do a special assessment against property docket Yusril and businessman Hartono special Tanoesoedibjo.Pengkajian is intended to help determine attitude towards the matter ini.Dimana AGO in the assessment, the decision of Cassation Romli also included in it. In its decision, the Supreme Court stated that there is no loss in case Sisminbakum ini.Dengan Thus, if the Attorney General decided to accept the decision Romli, then the case Yusril and Hartono Tanoe actually just waiting for the delegation to the court, threatened to be stopped. Approach the problem in this research is a normative juridical approach of legal research that uses secondary data sources. The object of this study in addition to the legal norms governing Sisminbakum, as well as its implementation in solving problems that arise by the presence of registrations through Sisminbakum. Sisminbakum is a system that has a high level of accuracy that ensures Decree issued in accordance with existing regulations.Sisminbakum database contains all the existing legal entity in Indonesia that can easily be accessed through computer networks. Transparency or openness Sisminbakum, see clearly the whole process of making the trip the establishment of the Decree Law. By using this Sisminbakum there are no obstacles in the practice of legalization of limited liability becomes a legal entity because this system has the function of control and good control, thus reducing the occurrence of human error because all the process automatically. Keyword : legalization of a limited company, SISMINBAKUM.
PELAKSANAAN PRINSIP MENGENAL NASABAH DALAM MENCEGAH TINDAK PIDANA PENCUCIAN UANG DI PT BANK MAYAPADA TBK SURAKARTA TOMIARSO, DODIE FAJAR
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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The principle of knowing Know Your Customer Principle (KYCP) customers at PT. Bank Mayapada Tb Surakarta, simply by including name, address and no. telephone, but now it's not because every stamp filling transaction must be complete with ID / SIM number, occupation / business field, position, place of birth date, source of funds, transfer requirements and relationship with the recipient of the transfer. Filling out the data above is to fulfill the Know Your Customer Principles in accordance with Bank Indonesia Regulation Number 3/231 / PB17 / 2001 on December 13, 2001 which is an improvement and previous regulation, namely Bank Indonesia Regulation Number 3/10 / PBI / 2001 on June 18 2001 about the same thing. In 2004 it was the third year in applying this principle. In principle, this Regulation states that mandatory PJKs to apply the Customer Introduction Principle to know not only their identity but also include reporting suspicious transactions. Bank Indonesia is obliged to investigate the origin of its customers. The implementation of the principle of knowing your customers (know your customer principles) cleanses customer data, makes a report on the implementation of the principle of knowing customers every month, socializing the principle of knowing customers in all branches and all employees of PT. Bank Mayapada Tb Surakarta, verify customer data, monitor customer transactions, cooperate with law enforcement officials and report if there is a suspicious transaction at PT. Bank Mayapada Tb Surakarta. Keywords: Know Your Customer Principles, Prevention, Money Laundering Crimes
DIVERSI TERHADAP ANAK DALAM PERKARA TINDAK PIDANA OLEH UNIT PELAYANAN PEREMPUAN DAN ANAK POLRES BOYOLALI PURWADI, JOKO
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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Diversion is the transfer of settlement of child cases from criminal justice processes to processes outside the court to protect children from the negative stigma of a long judicial process starting from investigation, prosecution and court examination. This study examines and analyzes the diversion process for children in criminal cases by the Unit The method used is empirical juridical research because this research is related and has a starting point on the aspects of positive law or current law, in the form of statutory provisions which are then related to practice in the field which is a social reality and behavior of the apparatus investigator in the implementation of diversion Keywords: Criminal Acting Children, Diversion, Women's and Children's Services Unit
PERAN KANTOR PERTANAHAN DALAM UPAYA MENINGKATKAN JAMINAN KEPASTIAN HUKUM HAK ATAS TANAH MELALUI PENDAFTARAN TANAH SISTEMATIS LENGKAP DI KABUPATEN KARANGANYAR SUHENDRO, JOKO
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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Role of the Land Office in the Complete Implementation of Systematic Land Registration: responsible for the implementation of Complete Systematic Land Registration, establishing and stipulating the composition of the Acceleration Adjudication Committee and PTSL Juridical Task Force, reporting the implementation of Complete Systematic Land Registration to the Head of Regional Office of the National Land Agency, signing the News File reception program and documentary results of Systematic Land Registration Complete from the Acceleration Adjudication Committee to be kept as an archive, ensuring the completeness of the application documents so that they formally fulfill the requirements for processing and issuing certificates of land rights as proof of strong ownership of land rights and guaranteeing legal rights on the land and the physical task force ensures that the land object is correct, clearly demarcated and has been installed by the owner. The obstacles faced and efforts made in the implementation of Complete Systematic Land Registration (PTSL) and efforts to improve the Certainty of Land Rights Law Certainty in Karanganyar Regency are as follows: 1) Lack of public knowledge of the importance of data collection, 2) Location of rights objects in SPPT blocks is not in accordance with the pictures of the United Nations block map, 3) Human Resources Facilities and Infrastructure, and 4) Costs that are borne by the Applicant or the Community. Keywords: Role, Legal Certainty Guarantee, Land Rights, Complete Systematic Land Registration
PEMBINAAN NARAPIDANA DITINJAU DARI SEGI TUJUAN PEMIDANAAN PADA RUTAN KLAS II B BOYOLALI THOMAS, M AGUS
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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The purpose of this study is to describe the legal provisions and the implementation of prisoner guidance in RUTAN KLAS II B BOYOLALI. Besides analyzing the constraints in implementing prisoner guidance, especially in RUTAN KLAS IIB BOYOLALI. Research background that RUTAN is an organizing system for various resources in it (infrastructure, prisoners, etc.). The development of prisoners in the RUTAN aims to make prisoners better after returning to the community. Guidance for prisoners in RUTAN is carried out in accordance with applicable legal provisions. This coaching effort is carried out so that the imprisonment (imprisonment) harmony with the purpose of the imposition of a criminal that is for rehabilitation, reeducation and socialization. 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. More data needed is secondary data. How to collect data with literature studies and observations. The method of data analysis is done by qualitative methods. The results of the study show that the implementation of prisoner coaching is carried out in accordance with applicable regulations in RUTAN. The coaching method is carried out with a model of direct interaction that is familial between the supervisor and prisoner officers. In addition, the coaching method is persuasive to improve behavior patterns through examples and exemplary. The philosophy of coaching is treating prisoners as human beings who have the potential and self-esteem with the same rights and obligations as other human beings. Coaching is carried out a plan, continuously and systematically. The obstacle in conducting coaching is the existence of excessive capacity, this affects the effectiveness of coaching carried out. Key words : Convicting Prisoners, Purpose of Sentencing, RUTAN Klas II B Boyolali.
PELAKSANAAN ASAS KONTRADIKTUR DELIMITASI DALAM PROSES PENDAFTARAN TANAH SISTEMATIS LENGKAP (Studi Kasus di Kantor Pertanahan Kabupaten Boyolali) ANGGONO, SETYO
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 application of the principle of kontradiktur delimitation in the implementation of a systematic registration of the Land Office in Boyolali Regency. 2) review and analyze the factors that hinder the application of the principle of kontradiktur delimitation in the implementation of a systematic registration of the Land Office in 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 implementation of the principle of delimitation of kontradiktur especially in the land registration process systematically complete Land Office in Boyolali Regency has been running properly, because the application of the principle of delimitation of kontradiktur done at the moment before the clerk measure measurements, the borders must be present and show the boundaries of the land was at once put up signs on the boundary limits agreed upon. After that party that borders on signing the registration field, namely sheet sheet image measure as proof that the principle of delimitation of kontradiktur filled the time limit of the assignment and measurements. Fakor – factors that inhibit in the implementation of the principle of delimitation of kontradiktur on the determination of the boundaries of the land registration process in, among others, the existence of a dispute over land boundaries, land is not hooked up to the PIN, so that the boundaries of his land is not clear, it is difficult in measurement and mapping, the parties to both the applicant or the owner of the land that borders can not be present at the time of determination of the boundaries of land, it is hindered in the measurement so that slow down the completion of land registration. Fix IE dispute resolution limit conversationally, peg mounting mark land boundaries, delaying the setting of boundaries or by power of attorney. Keywords: Contradictoire Delimitatie, Complete Systematic Land Register.
PELAKSANAAN PENDAFTARAN AKTA PEMBERIAN HAK TANGGUNGAN YANG MELEBIHI BATAS WAKTU PENDAFTARAN BERDASARKAN UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN (Studi Kasus di Kantor Pertanahan Kabupaten Boyolali) SUWANDI, SUWANDI
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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The purpose of this study is to: 1) Review and analyse the implementation of the registration of a Deed Granting a dependent by a conveyancer exceeding the deadline for registration at the Land Office Boyolali Regency. 2) review and analyze the consequences of the ruling against Certificate Awarding a late Dependent was enrolled in Boyolali District Land Office. 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 interviews and observations. 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 registration of a deed Granting a dependent by a conveyancer exceeding the deadline for registration at the Land Office Boyolali Regency implemented can still be accepted, but the Office Land tenure obligates a conveyancer Boyolali Regency too late to make the affidavits and statements late accompanied reasons of delay and file registration rights that dependents can receive and remain unprocessed because in section 114 subsection (7) Regulation of the Minister of State Agrarian/head of National Land Agency Number 3 Year 1997 regarding the implementation of the provisions of the Government Regulation Number 24 year 1997 Regarding land registry has mentioned that the "conditions of registration Rights Agreements should be implemented by the Office of Although the land delivery of files by a conveyancer is done after the set time. " 2) due to the ruling against Certificate Awarding a late Dependent was enrolled in the Office of land and Boyolali district, namely the recent Dependent Right of birth, but does not affect the validity of the registered Deed of Grant Agreements. The consequences will be over by the time limit register Deed of Grant Agreements by Land Deed Official, administrative sanctions against incurring conveyancer that is in the form of an oral reprimand if the first still do delay, if repeated then Land Office Boyolali Regency will give reprimand in writing to the conveyancer in order to pay attention to the conditions of the time limit that has been set. Late registration also gives rise to a loss against the parties concerned in particular the lender because the registration rights agreements be determinant the birth rights of dependents. Yet not cause the Deed of Grant Agreements tied up inclusion of third parties against the promises that are enforced by the lender and the owner of the rights to objects of dependents. Registration rights agreements aimed so that the certificate of entitlement Dependants can be born and creditors as stakeholders protected by law the rights of preferred creditors as Dependents who have positions take precedence in the payment of debt of the debtor. Keywords: Registration Certificate Granting Dependents, Exceeding the Time Limit
PERLINDUNGAN HUKUM TERKAIT PERBEDAAN LUAS FAKTUAL DALAM PENGUKURAN OLEH PETUGAS UKUR TERHADAP LUAS YANG TERCANTUM DI DALAM SERTIPIKAT HAK ATAS TANAH DI KANTOR PERTANAHAN KOTA SURAKARTA SISWANTO, AGUS
Dinamika Hukum Vol 10 No 2 (2019): DINAMIKA HUKUM
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The purpose of this article is intended to describe the procedures for measuring land parcels carried out by Land Office Measuring Officers along with their constraints, describing the factors that lead to the emergence of certificates of land rights which contain wide differences between factual conditions and the area listed in the certificate and analyze the construction of legal protection for measuring officers if they encounter cases of wide differences in accordance with the provisions. Certificate is the final result of all series of Land Registration activities. Land certificate is the strongest proof of proof for ownership of land rights in accordance with Article 19 Paragraph (2) letter c of Law Number 5 Year 1960 (UUPA) concerning Basic Agrarian Principles Regulations. Land certificates provide legal certainty both legal certainty regarding juridical data (subjects of land rights) and physical data (objects of land rights). Forms of legal certainty in juridical data include; status and legal basis to know and ascertain the basis of what land is acquired as well as Identity of rights holders, while guaranteeing the certainty of physical data includes certainty of location, boundaries, area, physical description of land and burden on land. But the reality now, many of which are found in the data in the certificate are different from the factual data in the field, especially the physical data of the land which is generally caused by the influence of the year or period of certificates and changes in the position of land boundaries whether intentional or not intentional change. This research method uses an empirical juridical approach that is to find theories about the process of occurrence and analyze / examine the workings of law in society. this approach to analyze the efforts of the Surakarta City Land Office in providing legal protection guarantees related to broad factual differences in measurement by officers measuring the area listed in the Certificate. In accordance with the explanation of Article 32 Paragraph (2) of Government Regulation Number 24/1997 above, the State does not fully guarantee the truth of the data contained in the Certificate so that if there is an error or non-conformity, corrections or corrections can be made as necessary in accordance with the applicable rules. Basing on the regulation that the measuring officer still gets legal protection related to the wide difference when the measuring officer is determined to carry out his duties in accordance with the prescribed rules. Keywords: Certificate; Physical Data; Area; Cadaster Surveyor; Legal protection