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Dinamika Hukum
Published by Universitas Slamet Riyadi
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
DINAMIKA HUKUM adalah media publikasi dari Magister Ilmu Hukum Pascasarjana UNISRI Surakarta, sebagai wadah komunikasi karya ilmiah sehingga memperluas wacana pembelajaran hukum.
Arjuna Subject : -
Articles 172 Documents
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TINJAUAN YURIDIS KETENTUAN DIVERSI TERHADAP ANAK YANG MELAKUKAN PENGULANGAN TINDAK PIDANA DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK WANDOYO, WANDOYO
Dinamika Hukum Vol 10 No 3 (2019): DINAMIKA HUKUM
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Diversion in the SPPA Law is regulated in Chapter II in Article 5 to Article 15. In Article 5 paragraph (1) the SPPA Law states that the Child Criminal Justice System must prioritize the Restorative Justice approach. The Restorative Justice is an obligation to seek Diversion. However, in Article 7 paragraph (2) of the SPPA Law there are restrictions on crimes that may be carried out diversion ... the enactment of the SPPA Law which does not regulate the repetition of criminal acts carried out by children or the occurrence of a norm of void and which would be a confusion of diversion diversion is expected to be a solution in protecting children, a week the future of children can be saved The issues reviewed in this study are: (1). Is the contradiction in the application of diversion in the settlement of criminal cases of children who commit repetitions of crimes in terms of the SPPA Law. (2) How is legal protection for children who commit crimes and those who commit acts a criminal whose speech threat is above 7 (seven) years ? The research method used in this study is qualitative research and the type of descriptive research with a normative juridical approach. The data analysis method used in this study is data collection, data reduction, data presentation, conclusion drawing. The results of the study: (1) Settlement of child cases that carry out repetitions of criminal acts has not been regulated specifically. Legal arrangements relating to the settlement of child criminal cases that repeat crimes experience legal obscurity with the rules in the SPPA Law that children who repeat criminal acts cannot be attempted diversion (2) Efforts made by the state after the child is confronted with the law has been decided incracht with a sentence of more than 7 years and or criminal repetition, the state in this case the government provides protection in the form of rights in accordance with the rights of child prisoners regulated in Law No. 12 of 1995 concerning Corrections which states that the rights of child prisoners are the same as the rights of adult prisoners unless the right to receive wages from the work they have done The conclusions of this study are: Legal arrangements relating to the settlement of child criminal cases that repeat crimes experience legal obscurity with the rules in the SPPA Law that children who commit repeat crimes cannot be tried for diversion (Article 7 paragraph (2) SPPA Law). Keywords: Diversion, Repetition of Crime, Child Criminal
PELAKSANAAN PERATURAN DAERAH KABUPATEN SUKOHARJO NOMOR 7 TAHUN 2017 TENTANG PENATAAN DAN PEMBINAAN PASAR RAKYAT, PUSAT PERBELANJAAN DAN TOKO SWALAYAN DI KECAMATAN TAWANGSARI DEWI, AYU SARTIKA PUTRIANA
Dinamika Hukum Vol 11 No 1 (2020): DINAMIKA HUKUM
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This study aims to review and analyze the Structuring and Development of People's Markets, Shopping Centers and Supermarkets based on Regional Regulations of Sukoharjo District Number 7 of 2017 and analyze the Obstacles to Structuring and Guiding of Public Markets, Shopping Centers and Supermarkets based on Regional Regulations of Sukoharjo District Number 7 of 2017 . This research is a type of empirical / sociological legal research and when viewed from the nature of the study, including descriptive research. Research Locations in the Sukoharjo Regency Cooperative and SME Office. Data Types used include primary data and secondary data. Data collection techniques used were interviews, literature studies including legislation, books, journals, and other documents that are relevant and related to the writing of this law. Data analysis uses qualitative data analysis. The results of this study indicate that the implementation of Sukoharjo regency number 7 of 2017 concerning structuring and fostering people's markets, shopping centers and supermarkets in Tawangsari District has been going well with the fulfillment of aspects of legal substance in the form of a set of rules governing the structuring and fostering of public markets, central shopping and supermarkets, aspects of the legal structure with the formation of organizational structures and structures in the Sukoharjo Regency SME Cooperative Service and the fulfillment of legal culture aspects that involve the role of law enforcement officials in structuring and fostering public markets, shopping centers and supermarkets and still having obstacles in structuring and fostering people's markets, shopping centers and supermarkets in the form of setting the distance between people's markets, shopping centers and supermarkets. Keywords: structuring, fostering, people's markets, shopping centers and supermarkets, law enforcement, barriers
KAJIAN YURIDIS EMPIRIS TENTANG PARTAI POLITIK BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2011 TENTANG PARTAI POLITIK (Studi Kasus Pada Partai Demokrasi Indonesia Perjuangan DPC Surakarta) PRIBADI, BEKTI
Dinamika Hukum Vol 11 No 1 (2020): DINAMIKA HUKUM
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The purpose of this research is to examine and analyze the role of DPC PDI struggle of Surakarta city in conducting political education to the community in Surakarta. Reviewing and analyzing the factors that inhibit the DPC PDI struggle of Surakarta city in conducting political education to the community in Surakarta. The method of approach in writing is sociological juridical. The specification of this research uses analytical descriptive. Data sources use primary data and skunder data. Data collection techniques using interview and observation studies. To analyze the data, researchers use qualitative descriptive analysis methods. In the implementation of political education activities conducted by DPC PDI struggle of Surakarta city involve various circles, such as cadres, young generation and novice voters as well as for regional and prospective leaders and legislative candidates. Socialization and party school activities held. The conclusion that political education has been delivered and implemented in accordance with the legislation, the Pancasila ideology and the vision and mission of the party that wants to be conveyed to the people also cadernya. Factors that inhibit DPC PDI Surakarta City Struggle in implementing political education to the community in Surakarta is a low interest in the community in following political education and limited budget of funds. Therefore, the Government of Surakarta participated in assisting in the problem of funds especially for political education for the community through grant aid to political parties. Keywords: Political parties, Political education.
PERLINDUNGAN HUKUM PIDANA BAGI KREDITUR DALAM PENYELESAIAN KREDIT MACET DENGAN ADANYA PENGGELAPAN JAMINAN FIDUSIA (Studi Hukum Putusan Nomor 257/Pid.B/2018/PN Smn) PUTRA, BOUWRIS CHARISMA
Dinamika Hukum Vol 11 No 1 (2020): DINAMIKA HUKUM
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PT. Clipan Finance is one of the Sleman branch auto loan financing companies, amid the business benefits that the company receives and the ease with which the consumer can actually lead to new problems, namely the possibility of embezzlement. The embezzlement of car loans from finance companies by the public is very detrimental to the finance company. The public car loans in companies with an installment payment system in the agreement within a certain time. In fact, after the credit agreement ran, many people had bad intentions by not doing their obligation to pay installments. They even divert collateral by selling, pawning, exchanging or renting it out without the knowledge of the company.. The results showed that the legal consequences arising that the debtor can be categorized as committing acts of default and can be prosecuted for embezzlement as Article 372 of the Criminal Code that regulates overall embezzlement of collateral objects that provide sanctions for acts of abuse of rights is relevant to Article 36 of the Guarantee Act Fiduciary which mentions fiduciary givers who transfer, pawn, or lease objects that are objects of fiduciary security or without prior written approval from the fiduciary recipient. Keywords: Settlement of Bad Credit, Fiduciary Guarantee, Embezzlement
PEMBERDAYAAN KONSUMEN OLEH YAYASAN PERLINDUNGAN KONSUMEN MASYARAKAT SURAKARTA (YPKMS) WIDYASARI, DESITHA BEAUTY
Dinamika Hukum Vol 11 No 1 (2020): DINAMIKA HUKUM
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The purpose of this study was to determine consumer empowerment carried out by the Yayasan Perlindungan Konsumen Masyarakat Surakarta (YPKMS) in terms of Law Number 8 of 1999 Concerning Consumer Protection. The background of this study is that consumers with all the limitations that exist often buy products that are not as expected so that they suffer losses due to buying these products. The consumer loss is a result of the use of the product of the business actor, so the business actor must be responsible for the loss. Business actors who cause harm to consumers, make the public or consumers who are victims do not know where to complain if they suffer losses. The research methodology used is descriptive qualitative with the nature of sociological juridical research. To obtain data used literature study methods and field research including interviews and documentation. The data analysis technique is descriptive qualitative. The results of research and data analysis can be concluded that the Role of the Yayasan Perlindungan Konsumen Masyarakat Surakarta (YPKMS) in consumer empowerment includes: (1) Conducting Smart Consumer Counseling by referring to: Research before buying, Ensure Products marked with SNI Quality Assurance, Pay Attention to Labels and Expiration Period, and Buy According to Needs Not Wants. (2) Providing advice to consumers who need, i.e. giving advice to consumers who need assistance as a result of being harmed by business actors conducted by YPKMS verbally or in writing. (3) Assist consumers in fighting for their rights, including receiving consumer complaints or complaints. Obstacles experienced by the Yayasan Perlindungan Konsumen Masyarakat Surakarta (YPKMS), namely (1) Internal barriers (Lack of funds and a small number of members) and (2) external barriers (The Role of the Government that Is Not Proactive in Consumer Protection and the Attitudes of Business Actors Who Do Not Care and do not want to obey and comply with applicable legal provisions relating to goods or services so as not to harm consumers causing YPKMS to experience difficulties in protecting consumers. Keywords: Consumer, Consumer Protection, Consumer Empowerment
PELAKSANAAN PEMANFAATAN BARANG MILIK NEGARA MELALUI SEWA PADA KANTOR PELAYANAN KEKAYAAN NEGARA LELANG SURAKARTA FADELI, FERI
Dinamika Hukum Vol 11 No 1 (2020): DINAMIKA HUKUM
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This study aims to identify and analyze the implementingon utilization of state property through rent and identify obstacle the implementingon utilization of state property through rent, in addition, this study also aims to determine the form the implementation monitoring of the utilization of state property at KPKNL Surakarta. This research is a type of empirical / sociological legal research and when viewed from the nature of the study is descriptive research. Research location in Surakarta KPKNL. The type of data used includes primary data and secondary data. Data collection techniques used are observation, interview and group discussion forums (FGD), literature studies in the form of legislation, books, journals and other documents that are relevant and related to the writing of this law. Data analysis uses qualitative data analysis. The results of this study indicate that the Implementation of Utilization of State Property through leases at the KPKNL Surakarta is accordance with the applicable rules, but there are still obstacles to the implementation of Utilization of State Property through leases at the KPKNL Surakarta i.e. obstacles in the form of legal substance, obstacles in the form of legal structure and obstacles in the form of legal culture. Supervision of the utilization of the lease implementation is carried out with an internal supervision model, for external supervision it has not been implemented given the lack of regulations that govern it Keywords: KPKNL Surakarta, utilization of state property through rent, Obstacles
KAJIAN YURIDIS PELAKSANAAN PENERBITAN SERTIPIKAT PENGGANTI TERHADAP SERTIFIKAT HAK ATAS TANAH BERDASARKAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH (Studi di Kantor Pertanahan Kabupaten Magetan) SAWINING, GRISNA
Dinamika Hukum Vol 11 No 1 (2020): DINAMIKA HUKUM
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The purpose of thisresearch is to assess and analyse the implementation of a replacement of the surrogate against the land rights certificate in Magetan District office. To study and analyze the barriers experienced by the land office of Magetan Regency in the implementation of a replacement sertificate against the certificate of land rights. The method of approach in writing is sociological juridical. The specification of this research uses analytical descriptive. Data sources use primary data and skunder data. Data collection techniques using interview studies, Focus Group Discussion and the library. To analyze the data, researchers use qualitative descriptive analysis methods. Implementation of a sertificate issuance of the right to land because it was lost by the land Office Magetan District has been in accordance with PP number 24 year 1997 about land registration and regulation of the Minister of Agrarian state/head of national Land No. 3 year 1997 about the implementation of government Regulation number 24 year 1997 about land registration, that is done with the following procedure: To create a cover letter in the village, report the loss of land sertificate to the police station, To block the land's serotyping, reported loss of landslides to the Magetan district office, oath taking, announcements in print, remeasurement of land and replacement of the substitute sertificate. The constraints faced in the implementation of a sertificate issuance of the right to land because lost by the land Office of Magetan District are as follows: documents belonging to the applicant are incomplete, the schedule of an unclear vows, the costs that should be incurred in the implementation of the issuance of the replacement of the rights to the land because the lost is considered too large by the applicant and the information provided by the Land Office of Magetan District was not received properly by Applicant. Keywords: Publication of the surrogate and the land rights certificate.
PERTANGGUNGJAWABAN PIDANA PENGURUS KOPERASI TERKAIT TINDAK PIDANA PERBANKAN DI BIDANG PERKOPERASIAN SUGIANTARI, IDA SRI
Dinamika Hukum Vol 11 No 1 (2020): DINAMIKA HUKUM
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The purpose of this research is to examine and analyze the sitting case of a criminal offence at the Court of Law of Salatiga No. 10/Pid. Sus/2019/PN.Slt. Reviewing and analyzing the judgment of judges in breaking the lawsuit against the perpetrators of banking crimes at the verdict of the district Court of Salatiga No. 10/Pid. Sus/2019/PN.Slt. The method of approach in writing is normative juridical. The specification of this research uses analytical descriptive. The data source uses the Skunder data. Data collection techniques using library studies. To analyze the data, researchers use qualitative descriptive analysis methods. Based on the results of the study obtained the conclusion that seated criminal act of banking at the decision of the District Court of Salatiga No. 10/Pid. Sus/2019/PN. Slt, Defendant has done gathering funds in the form of term deposits is not compatible with article 44 paragraph (1) of Law No. 25 of 1992 on the urban, where the principle contained in the provisions of the article is the funds collected must be from the member of the Cooperative. Legal fact at the conference showed that witnesses who deposit funds to KSP Multidana is not a member or prospective member of the KSP Multidana both at the head office of Ambarawa and the Office of Salatiga and the KSP Multidana it publishes the product of futures deposits with product specifications of the period of time, and interest rates, which are channeled to non-member and prospective members of the cooperative, the activity of collecting funds made by the defendant may be are specified as raising funds from the community in the form of deposits. Consideration of judges in breaking the lawsuit against the perpetrators of the banking criminal in the decision of District Court Salatiga No. 10/Pid. Sus/2019/PN. SLT which gives criminal sanctions to the defendant with imprisonment for 5 (five) years and a fine of Rp 10.000.000.000, 00 (ten billion Rupiah) with the provisions if the fine is not paid then replaced by criminal confinement for 3 (three) months according to the appropriate author, it is based on the indictment of the public Prosecutor is Violate Article 46 paragraph (1) Jo Article 16 paragraph (1) of the Law of the Republic of Indonesia Number 10 year 1998 concerning banking as a change to the law of the Republic of Indonesia number 7 year 1992 about banking, and consider the description of witnesses and expert witnesses. Keywords: Banking crimes, accountability of cooperative managers.
STUDI REVIEW KETATA NEGARAAN DALAM PENYELENGGARAAN PEMILIHAN UMUM HIDE WULAKADA, IMAM AL GHOZALI
Dinamika Hukum Vol 11 No 1 (2020): DINAMIKA HUKUM
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This research is motivated by the state of democracy which has not been carried out properly. Then this research is intended to find out the philosophy of state administration, Pancasila constitution and its implementation in the General Election. Doctrinal research methods with a kind of explanatory approach, which places Pancasila and the 1945 Constitution as the main reference in studies and analysis. By reviewing a number of constitutional articles in the 1945 Constitution, this study and analysis resulted in three points, namely (1) Eliminating the position of Political Parties as participants in legislative elections, (2) Eliminating the position of political parties in the faction in the MPR, (3) Changing the Parliamentary system from bicameral to be unicameral. Keywords: Election of People's Representatives without Political Parties
PERALIHAN HAK ATAS TANAH MELALUI JUAL BELI MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH (Studi Kasus Pada Kantor Pertanahan Kabupaten Sukoharjo) MARLIANA, LENI
Dinamika Hukum Vol 11 No 1 (2020): DINAMIKA HUKUM
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The purpose of this study was to determine the Implementation of the Transfer of Land Rights through Sale and Purchase According to Government Regulation Number 24 of 1997 Concerning Land Registration at the Sukoharjo Land Office and to find out what obstacles occurred in the Transition of Land Rights Through Sale and Purchase at the Land Office of Sukoharjo Regency. The background of this research is the transfer of land rights through buying and selling is a legal act in the field of land that must be registered at the local Land Office to obtain legal certainty for the certificate holder, but in reality, there are still residents in Sukoharjo Regency who do not understand the importance of registering the transfer of rights on land through buying and selling and still practicing buying and selling under the hand. This research is a type of empirical/sociological juridical legal research and when viewed from the nature of the study, including descriptive research. The research location is Sukoharjo Regency Land Office. The type of data used includes primary data and secondary data. Data collection techniques used are interviews, literature studies in the form of legislation, books, journals and other documents that are relevant and related to the writing of this law. Data analysis uses qualitative data analysis. The results of this study indicate that the implementation of the transfer of land rights through sale and purchase at the Sukkoharjo Land Office is in accordance with Government Regulation Number 24 of 1997 Concerning Land Registration, namely the transfer of rights through sale and purchase can only be registrated and the name is reversed if it is completed with a deed of sale and purchase bt the PPAT. If the file is complete, the process consists of registration, payment of the transfer fee (PNBP), recording on the list of entries and submission of the certificate. Inhibiting factors in the implementation of the transfer of rights through the sale and purchase include: limited resources at the Sukoharjo Land Office so that settlement is not timely, lack of counseling for the community, the applicant’s file is incomplete, the cost of transferring rights is quite high. Keywords: Transfer of Land Rights, Sale and Purchase, Obstacles

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