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PERBANDINGAN PUTUSAN PN TENTANG TINDAK PIDANA NARKOTIKA DENGAN TINDAK PIDANA PENCURIAN YANG DILAKUKAN ANAK (Studi Kasus Putusan PN No. 66/Pid.Sus/2014/PN.Skt dan Putusan PN No. 01/Pid.Sus/2014/PN.Skt) ROKHADI, ROKHADI
Dinamika Hukum Vol 6 No 1 (2015): DINAMIKA HUKUM
Publisher : Dinamika Hukum

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This study aims to determine the differences in legal protection and consideration of the judge in deciding the case narcotic and theft committed by children ( PN Decision Case Study No. 66 / Pid.Sus / 2014 / PN PN.Skt and Decision No. 01 / Pid.Sus /2014/PN.Skt ). This research method using a normative approach to the form of qualitative research . The type of data used in the writing of this law is the primary data . The primary data source used is the result of interviews with those who know about the problem under study . Analysis of the data obtained is done by means of qualitative analysis. Based on the analysis and discussion of the results it can be concluded that the legal protection of children who commit criminal offenses and theft of narcotics can be seen from the Decision of Judge impose imprisonment for the crime of child accused of drug cases and cases of theft in accordance with Article 71 of Law No. 11 of 2012 on crime Juvenile Justice System ) which states that the criminal child over the age of 15 years may be subject to criminal prison . Consideration of the judge in deciding criminal cases Narcotics ( PN Decision Case Study No. 66 / Pid.Sus / 2014 / PN.Skt ) , the judge considered the fourth indictment violated the provisions of Article 132 paragraph ( 1 ) as referred to in Article 111 paragraph 2 of Law Decree No. 35 of 2009 on Narcotics . Meanwhile, the judge consideration in deciding criminal cases Theft ( PN Decision Case Study No. 01 / Pid.Sus / 2014 / PN.Skt ) judges consider the provisions of Article 363 paragraph ( 1 ) to 4 Code of Criminal Law . Keywords : Crime Narcotics , Theft Crime , Crime Child Actors

PEMANFAATAN BUKTI FISIK SIDIK JARI DALAM PROSES PENYIDIKAN UNTUK MENGUNGKAP TINDAK PIDANA PENCURIAN DI KEPOLISIAN RESOR BOYOLALI SINAYANG, SAKTI
Dinamika Hukum Vol 6 No 1 (2015): DINAMIKA HUKUM
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The purpose of this study is to examine and explain the use of physical evidence in the investigation process fingerprints to reveal the crime of theft in Police Boyolali. And assess and describe the obstacles that arise in the process of investigation using fingerprint evidence to the crime of theft in menungkap Police Boyolali and efforts to overcome these obstacles. To reveal crime investigators should know where and how it started its activities in order to achieve the goals he wanted, which revealed a crime. To get the materials to evidence in a crime case, the investigator should look for and gather information as complete of a witness who suffered, see and hear the events of the crime, in addition to the investigators at the crime scene at the time went to the crime scene should examine and collect signs and traces of the crime, including fingerprints. This research uses normative research, namely legal research conducted by examining the library materials or secondary data alone. The nature of this research is descriptive, namely: "A study that seeks to provide an overall picture, depth, about a situation or phenomenon under study. Utilization of fingerprints in the process of investigating the crime of theft in Police Boyolali than as identification can also be used as one tool in a criminal investigation to find suspects. In accordance with the purpose of the investigation is to identify those who have committed the crime and give evidence and facts or specific events in connection with any criminal offense, other than that fingerprints can also be used as legal evidence against one or absence of the accused. Barriers for the investigator to use fingerprints to reveal the criminal acts of theft, which is limited in the identification Police officers who follow vocational Boyolali identification so as not proficient (professional) in the process of taking fingerprints at the scene. The most dominant inhibitor is not utuhnya status QUO (authenticity of the scene) is a factor that is often caused by the victim and the community who want to know what has happened. So the scene was contaminated due to lack of understanding of the public about the role and meaning of the authenticity of the scene. Keywords: fingerprint physical evidence, investigations, the crime of theft

IMPLEMENTASI UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA TERKAIT PERLINDUNGAN HUKUM TERHADAP ISTRI SEBAGAI KORBAN KDRT SARI, SAVITRI RAHMA
Dinamika Hukum Vol 6 No 1 (2015): DINAMIKA HUKUM
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The purpose of this study examines the implementation of Law No. 23 of 2004 on the Elimination of Domestic Violence Related Legal Protection Against Wife As a victim of domestic violence. And examines the obstacles that arise in the protection of victims of domestic violence as a wife. Women are considered inferior to men, and he is a weak creature so easily suppressed. In addition, according to the author, violence is often left alone because of lack of understanding and awareness of the crime of domestic violence into a private family matter. This type of research used socio-juridical type of research, namely by reviewing the provisions of the applicable law and what happens in reality the community. The nature of this research is descriptive, namely: "A study that seeks to provide an overall picture, depth, about a situation or phenomenon under study. The results of the study that the application of criminal law to the crime of domestic violence in Case Number: 42/Pid.Sus/2013/PN.Ska criminal acts of violence committed in the domestic sphere in this case the husband against his wife. LEO KUNCORO PURNOMO SIDDI, Psi bin ST JOKO PURNOMO as, has been proven legally and convincingly guilty of the crime of "physical violence in the domestic sphere committed by husbands against wives that do not cause disease or obstruction in performing daily activities. Against the criminal defendant therefore, to imprisonment for 2 (two) months. Criminal mentioned above does not need to be undertaken in the future unless there is a decision that has obtained permanent legal force, before ending probation for four (4) months of the accused were found guilty of a criminal act. Constraints in the legal protection of victims of domestic violence as a wife that is 1) good law enforcement officers of police, prosecutors and judges have a diverse understanding of domestic violence. 2) law enforcement officials, especially the police and judge the difficulty of implementing the provisions of Act No. 23 of 2004 on the Elimination of Domestic Violence against legal protection for victims while and determination of protection. 3) The existence of marital status which is only held in church or customary and not recorded in a registry office or KUA. 4) The difficulty of proving violence on women as victims, where acts of violence committed by the people closest to the victim, such as husbands, parents, siblings or other nearby. Where it happened any other person makes it difficult to intervene. Key Words: Implementation, Elimination, Violence, Domestic, Protection, Wife, Victims

IMPLEMENTASI UU NO. 41 TAHUN 1999 TENTANG KEHUTANAN (Penegakan Hukum Pada Tahap Penyidikan Terhadap Kasus Illegal Logging Di Polres Wonogiri) SUPADI, SUPADI
Dinamika Hukum Vol 6 No 1 (2015): DINAMIKA HUKUM
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The purpose of this study is to examine and analyze the implementation of Law No. 41 Year 1999 on Forestry that law enforcement in the investigation phase of cases of illegal logging, as well as assess and explain the constraints faced by law enforcement in the investigation of cases of illegal logging in Police Winton Illegal logging (logging), all the people of Indonesia have been very familiar with this term. Every day discussed, even has always been a very hot topic amid the fundamental problems of this nation. Some claimed that illegal logging is a crime that is incalculable. This type of research used socio-juridical type of research, namely by reviewing the provisions of the applicable law and what happens in reality the community. The nature of descriptive analytical study. Will be analyzed descriptively object under study, in this case regarding the implementation of Law No. 41 Year 1999 on Forestry in law enforcement in the investigation stage of illegal logging cases. Results of research and discussion process interrogate suspected of committing criminal offenses in the field of forestry, especially illegal logging should be subject to the Act No. 41 of 1999 which also can not be separated from the clauses in the Code of Criminal Procedure (Code of Criminal Procedure) concerning the investigation and then apply the procedural law guided by the Code of Criminal Procedure. Investigators Civil Servant more active role in investigating the crime of illegal logging terhadp this always caused by the limitations faced by police investigators, particularly the limitations of personnel in the field investigators. In addition, lack of knowledge in a particular field causes the Police are not able to handle all criminal offenses that occur. Obstacles encountered in the implementation of criminal investigations forestry, among others, the lack of legislation regarding criminal acts, the infrastructure is still lacking, there is a lack of community participation in the implementation of criminal investigations of illegal logging, an area with a number of personnel INP is not balanced, there are many differences in perception between the communal land boundary commensurate with the State forest (rainforest), as well as the place or difficult terrain to be taken in carrying out criminal investigations of illegal logging. Keywords: Implementation, Law Enforcement, Investigation, Illegal Logging

KEKUATAN HUKUM PREAMBULE UUD 1945 DALAM SISTIM HUKUM KETATANEGARAAN REPUBLIK INDONESIA (Studi Hermeneutika-Fenomenologi, Metastudi-Metateorisasi, Dan Perbandingan Sistim Hukum Tata Negara) POLAMOLO, SUSANTO
Dinamika Hukum Vol 6 No 1 (2015): DINAMIKA HUKUM
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The purpose of this study is to examine and analyze the force of law Preamble 1945 in the Indonesian legal system of the State governance, both at the level of legal theory and praxis. Background problem from two issues, first, about the historicity Preamble that in many studies present with different explanations, particularly in relation to the history of the birth of Pancasila. Secondly, in the case where the theoretical Preamble scientifically unexplained laws, especially how the strength and position of legally binding and guiding rule of law under the 1945 Constitution. The method used them, from the point of nature is divided into three types, namely exploratory, descriptive, and explanatory. A multidisciplinary focus on a mix of several existing science, in this case as hermeneutic-phenomenology, meta study-meta theory, and comparative constitutional law system of the State. In addition, this study in relation to Preamble 1945 also examine and analyze legal doctrinal and non-doctrinal. While the shape of the corner, this research focuses on three things: first, to diagnose because the emergence of a problem begins from historicity, to the problem of theorising law, following the practice. Secondly, it aims to give an overview prescriptive fit the facts. Third, do a critical evaluation. The results of the research points to three main conclusions, first, history Preamble formulation loaded with manipulation of facts, especially related to the Pancasila. Second, the law scientifically, there are complications surrounding hirearki theoretical law and legal sources in assessing Preamble both its existence and its significance as a legal text. The complications associated with issues such as text meta-yuristik Declaration of Independence in 1945 and Pancasila. Third, the legal framework regarding the inventory of where lies Preamble as a source of law and within the law in Indonesia hirearki not get significant position, although its strength doctrinally and objective circumstances empirically demonstrated, that Preamble born a juridical act, in the nature of space consensus philosophical-juridical. Keywords: History, Power of Law, Legal Force, Comparative Legal Systems

TINJAUAN YURIDIS PERALIHAN HAK TANAH DESA UNTUK KEPENTINGAN UMUM (Studi Kasus Di Desa Ngringo Kecamatan Jaten Kabupaten Karanganyar) PRAKOSO, ADHITYO BAGUS
Dinamika Hukum Vol 6 No 2 (2015): DINAMIKA HUKUM
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The purpose of this research is to study about the implementation of the exchange of village land for the public interest, especially in the village Ngringo, district Karanganyar district Jaten and review of the juridical exchange of village land for public purposes. Background research that the transfer of rights over land in the village Ngringo District of Jaten Karanganyar under Article 15 paragraph (1) of the Regulation of the Minister of Home Affairs No. 4 Year 2007 on the Management of Intellectual village stating that the wealth of the village in the form of village land should not be made a waiver of ownership to the other party, unless used for the public interest. The method used is based on the formulation of the problem and research objectives, consisting of the approach is the problem of dogmatic research is a legal study that looked at the law as a positive norm in the legal system. The data used is secondary data and data collection methods using literature study. Methods of data analysis using the deduction method that stems from the basic principles of a general nature, to be drawn to things that are more specialized. Method of deduction starting from a common law rule on the case at hand. The results of this study is rural land is a potential wealth of the village and the village owned or controlled by the village in accordance with the customs and culture of the local community in order to optimize revenue villages. Changes in the function and status of property ownership village one village land is permitted only on the reasons for government development projects or exchanged for other land more productive or profitable village or release with a more favorable compensation villages so there is no loss to the state. Definition of public interest as defined in Article 15 paragraph (1) Regulation of the Minister of the Interior No. 4 of 2007 on Intellectual village that is described in detail the definition and limitations, thus simplifying the implementation. Keyword : Transitional Rural Land Rights

UPAYA KEPOLISIAN LALU LINTAS DALAM MENANGGULANGI PELANGGARAN LALU LINTAS YANG DILAKUKAN OLEH ANAK SEKOLAH DI KOTA SURAKARTA (Studi Kasus Di Polresta Surakarta) KUSUMA AYU, ANISA TERRI
Dinamika Hukum Vol 6 No 2 (2015): DINAMIKA HUKUM
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The purpose of this research is to examine about efforts to combat the traffic in tackling traffic offences committed by school children and examine what factors are causing the traffic offences which violated by school children in the city of Surakarta. Nowadays it is known that transport has an important role and strategic to solidify the embodiment of insights, national resilience, reinforces and strengthens the relationships between Nations, and in an attempt to achieve national objectives based on Pancasila and the 1945 Constitution. Problems that have been encountered myriad violations encountered over the years and various circles of the employees civil servants to any school kids get involved. Act No. 22 of 2009 is expected to regulate the road users to be more careful and can comply with the rules are already set. This research is the juridical sociological legal research using the diskriptif method. The location of the research in Polresta located in Surakarta. And data collection techniques that are used in obtaining the necessary data by way of study in library and study field. The results of this research show that the cause of the violations committed by school children is the human factor. Types of violations committed by school children are passengers more than 1 (one), a violation for not using helmets, unaware of the can meunjukan vehicle registration or driver's license and violation of running red lights because of the occurrence of traffic offences related to human factors in Surakarta due to several reasons including the following: want to save time and costs, less concerned with security in driving, want to fast to the goal , as well as the attitude of the forgotten or neglected and no doubt for the style in the environment of school children. While the efforts made in reducing Traffic Police traffic violations by motorists is rolling out a traffic patrol on a regular basis as a form of preventive methods and sanctions on violators of motorcycle according with the offense as a manifestation of the repressive methods. Keywords: Traffic Violations, School Children

KAJIAN HUKUM TERHADAP PENINGKATAN HAK GUNA BANGUNAN MENJADI HAK MILIK DI KABUPATEN WONOGIRI EMAWATI, ANITA
Dinamika Hukum Vol 6 No 2 (2015): DINAMIKA HUKUM
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The research objective is to study and to analyze the building rights improvement to become properties rights in the district of Wonogiri and the legal consequence of the building rights improvement implementation to become properties in the district of Wonogiri. The background of the application of the law, including legal protection of property rights on land with the status alteration to become properties rights based on the applicable Government Regulation, referring to Government Regulation No. 24 year 1997 related Ministry of Agricultureâ€™s decision No. 6 of 1998. Therefore granting property rights to land should be based on the Ministry of Agriculture of No. 6 of 1998 on the granting of property rights to land for house live and regulations that accompany it. It is an aspect of the provision of public welfare in rights improvement. Keyword : Building Rights Improvement to Become Properties Rights

ANALISIS YURIDIS PUTUSAN HAKIM MENGENAI PERKARA INFORMASI DAN TRANSAKSI ELEKTRONIK (Studi Kasus Putusan Hakim Nomor : 19 / Pid.Sus / 2011 / PN.Ska) WIDHIATMO PUTRO, ARY
Dinamika Hukum Vol 6 No 2 (2015): DINAMIKA HUKUM
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The purpose of this study is to assess the legal reasoning used Judge in case Number: 19 / Pid.Sus / 2011 / PN.Ska associated with the purpose of Act No. 11 of 2008 on Information and Electronic Transactions in protecting the public and users of Information and Electronic Transactions. The background of the research, the main aim of the law No. 11 of 2008, which are providing security, justice, and legal certainty for users and providers of information technology. The research method consists of this kind of research is a normative legal research, using the approach of legislation and case approach. Legal materials used include the primary legal materials such as Law No.11 of 2008, secondary law such as the Law Dictionary, Dictionary Indonesian, English Dictionary. The results showed that in deciding the case analyzed in this study, the judge has fulfilled the juridical, sociological and philosophical applied proportionately and balanced. Considerations in the Surakarta District Court Case Number: 19 / Pid.Sus / 2011 / PN.Ska is in conformity with the purpose of the Act No. 11 Year 2008 on Information and Electronic Transactions in protecting the public and users of Information and Electronic Transactions. Keywords : Act No. 11 Year 2008 on Information and Electronic Transactions, Information and Electronic Transactions

PELAKSANAAN PERPANJANGAN ATAU PEMBAHARUAN HAK GUNA BANGUNAN DI ATAS TANAH NEGARA PADA KANTOR PERTANAHAN KABUPATEN WONOGIRI RAHAYU, BUDI
Dinamika Hukum Vol 6 No 2 (2015): DINAMIKA HUKUM
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In the setting of the Renewal and Reform Implementation of Right to Build (HGB) as stipulated in Government Regulation No. 40 of 1996 and PMNA / KBPN No. 9 of 1999 in fact there is a difference in the meaning of both. In this regard an important and interesting to study about how the implementation of extension and renewal of Broking in Land State In Wonogiri District Land Office. The aim is to assess the implementation of the extension and renewal HGB on land by the State Land Office Wonogiri and legal certainty. The approach used in this study is empirical juridical. The data used is primary data sourced from the relevant authorities in the implementation of the provision of extension and renewal HGB in Wonogiri District Land Office, as well as secondary data obtained from the materials related laws and relevant. In general, based on interviews with the competent authorities in the process of granting the extension and renewal of HGB Land Office Wonogiri and is reinforced by the evidence of the application for the extension and renewal of the HGB shows that the expiration date of the HGB, date of registration and the publication of the decree are in a grace 2 years. Related to the research results it can be concluded that the implementation of the extension and renewal of HGB at Wonogiri District Land Office to comply PMNA / Ka.BPN No. 9 of 1999. The guarantee legal certainty in the conduct of the extension and renewal can not be separated from the argument HGB officials also consider the decision maker public service. Keywords: Building rights, the State Land

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