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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
TINJAUAN HUKUM PENDAFTARAN HAK TANGGUNGAN BERDASARKAN UU NO. 4 TAHUN 1996 DI KABUPATEN SRAGEN PAIMAN, PAIMAN
Dinamika Hukum Vol 6 No 3 (2015): DINAMIKA HUKUM
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The purpose of this research is to review and to analyze the implementation of mortgage rights in order to get legal certainty in the district of Sragen and the role of PPAT in the realization of mortgage rights registration process in the district of Sragen. The background is that in the Mortgage Rights Law (UUHT) above the conception of land and its connection with objects upon the concerning land, that the land is separated from all objects attached upon it or the ownership of land is apart from objects upon it, so that the owner of land rights and the owner of building rights if performing process of bank assurance, registration of mortgage rights should be conducted. It is problematic in society. Keyword : Mortgage Rights Registration
PENERAPAN SANKSI PIDANA BAGI PENGEDAR MINUMAN KERAS OPLOSAN YANG MENGAKIBATKAN KORBAN JIWA DI WILAYAH HUKUM SURAKARTA PARWOTO, PARWOTO
Dinamika Hukum Vol 6 No 3 (2015): DINAMIKA HUKUM
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Legal research aims to determine the application of criminal sanctions for traffickers adulterated liquor in surakarta. Background research that the impact of liquor encourage crime because the perpetrator is under the influence of alcohol, such as murders, rapes, fights and accidents. government intervention is needed, so this problem can be reduced and controlled so as not to spread everywhere. because itun set of rules governing liquor and health is the basis for control and supervise the distribution of liquor, especially liquor oplosan that spread through the community. This research is a descriptive normative law are contrary to the concept of the law is what was decided by the judge inconcreto and tersistematisasi as the judge made law. the type of data in this research is secondary data. the data collection is done by a search of legal materials of primary, secondary and tertiary. data analysis technique used is the technique of analysis using deductive logic. The results showed that the judge in imposing a criminal into account the elements of criminal acts and aspects of the personality of the accused. consideration was obtained by digging all the information that concern the defendant (the subjective factor) as well as the actions of the defendant (objective factors) through the testimony of witnesses and experts, and other evidences yangb legally valid, so the judges can determine fair and equitable criminal prosecution. Keywords: implementation of criminal sanctions, traffickers adulterated liquor
TINJAUAN YURIDIS PENETAPAN BATAS BIDANG TANAH DI KABUPATEN KLATEN SARJONO, SARJONO
Dinamika Hukum Vol 6 No 3 (2015): DINAMIKA HUKUM
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The purpose of the research is to review and to analyze delimitation plot based on Government Regulation No.24 year 1997 in the district of Klaten and obstacles faced in the implementation of delimitation plot conducted by measuring officer. The background of delimitation plot activity is often to have difficulties in the field, so it may cause a delay of delimitation plot activity. It needs officer’s accuracy in conducting delimitation plot and it also may cause spacious differences in certificate even though that the certificate contains legal certainty of land rights namely the limit, location, and spacious. Keyword : Delimitation Plot Based
TINJAUAN HUKUM TERHADAP PENDAFTARAN TANAH PERTAMA KALI DI KANTOR PERTANAHAN KABUPATEN KLATEN SUKARNI, SUKARNI
Dinamika Hukum Vol 6 No 3 (2015): DINAMIKA HUKUM
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The purpose of this research is to review and to analyze the observation of law toward the first time registration of land in the district of Klaten and the obstacles and its settlement toward the first time land registration in order to implement legal certainty on property right of land in the district of Klaten. The background of the first time land registration is the societal expectations to provide letter of rights evidence, in form of certificate. Notion of certificate according to chapter 1 number 200 of Government Regulation No. 24 year 1997, is letter of rights evidence as it is mentioned in chapter 19 verse (2) letter c UUPA for right of land. Keyword : The First Time Registration
EFEKTIVITAS PELAKSANAAN PEMBINAAN NARAPIDANA ANAK PADA TINDAK PIDANA PENYALAHGUNAAN NARKOBA (Studi Di Rutan Klas I Surakarta) WULANDARI, TRI
Dinamika Hukum Vol 6 No 3 (2015): DINAMIKA HUKUM
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Existing law of perpetrator of its abuse narkoba penalization rehabilitate the inclusive of child. But practically perpetrator of abuse narkoba of some area as in Solo get the crime penalization. Its target so that that crime weigh against its perpetrator so that its badness can be overcome in society, because doing an injustice of narkoba very endangering of importance nation and state. Crime sanction which is knocked down to perpetrator of abuse narkoba of like told by Siswanto Sunarso (2004 9) still be assessed not yet given to have cold feet and discourage because usually decision given still be influenced by norm of outside norm punish, seems still stick and become the constraint to straightening of law by konsekuen. Government of through its institute that is Lapas to do the construction of convict of child of perpetrator of abuse narkoba. During serving time crime in Rutan hence child will become the responsibility Rutan so that here role Rutan to really to running of its role do construction. This Research target is to know the effectiveness of execution of construction of child convict at doing an injustice of abuse narkoba in Rutan Klas I Surakarta. This research is descriptive research taking location in Rutan Klas I Surakarta. its Data Type is data of primary and sekunder. Data collecting conducted with the observasy, quesionery and interview and also bibliography study. Technique analyse the data used is analysis qualitative. Result of research 1. Construction conducted in Rutan Klas I Surakarta not yet effective, but its handling have as according to Invitor - Invite the No. 12 Year 1995 about Pemasyarakatan, which its execution is arranged with the Governmental Regulation of No. 31 Year 1999 about Construction and Tuition of Citizen of Binaan Pemasyarakatan. Construction executed in Rutan Klas I Surakarta namely construction of personality and independence construction. Personality Construction given in Rutan Klas I is Religion Education, Athletic Education, nation and state construction, and sense of justice construction. And also independence construction executed is Perajin wood, Making, cendramata, Pengelasan, Paint, Making frame and ashtray and sew the. Constraint faced by the Rutan Klas I Surakarta for example 1) There no special Regulation to construction of napi narkoba at child 2) Not yet made available of space Rehabilitate and Insulation and 3) Motivate convict. Keyword : Fostering A child Prisioners, crime of Drug Abuse
TINJAUAN UNDANG-UNDANG NOMOR 39 TAHUN 2004 TENTANG PENEMPATAN DAN PERLINDUNGAN TENAGA KERJA INDONESIA DI LUAR NEGERI TERHADAP PERLINDUNGAN HAK DAN DARI TINDAK KEKERASAN KEPADA TENAGA KERJA INDONESIA DI KOREA SELATAN OKVIANA, VIKA
Dinamika Hukum Vol 6 No 3 (2015): DINAMIKA HUKUM
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Legal research aims to determine the extent of Law No. 39 of 2004 concerning the Placement and Protection of Indonesian Workers Abroad can provide protection against violence to the rights of Indonesian Workers in South Korea. This research is a juridical sociological law that is descriptive. The location of research in Social Service Manpower and Transmigration (Dinsosnakertrans) Surakarta and Service Agency for Placement and Protection of Indonesian Workers (BP3TKI) Semarang, Institute for Education and Skills (LPK) Kamsahamnida Surakarta, Institute for Education and Skills (LPK) Asahi Sukoharjo. The primary data obtained through interviews. Secondary data in this study were obtained by means of literature study. Qualitative data analysis techniques based on inductive logic by observing the symptoms that exist and the reality of an event happening and principles of law that apply to the science of law. The results showed that Law No. 39 of 2004 concerning the Placement and Protection of Indonesian Workers Abroad n is not sensitive to the protection of the rights and of violence to the Indonesian Workers in South Korea. Protection of rights and abuse of Indonesian Workers (TKI) in South Korea can be done by improving the function of supervision, socialization law and custom culture, improve the functioning of legal aid, the ratification of the law of the International Convention on Migrant Workers dam seek agreement Diplomatic binding between the Government of the Republic of Indonesia with South Korea on enforcement violation of the rights and acts of violence committed services to the users of Indonesian Workers in South Korea. Keywords: Law No. 39 Year 2004 regarding the Placement and Protection of Indonesian Workers Abroad, protection of rights, violence
TINJAUAN YURIDIS TERHADAP PENERBITAN SERTIPIKAT PENGGANTI DI KANTOR PERTANAHAN KABUPATEN KLATEN MENURUT PP NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH ARIFIN, YUSUF
Dinamika Hukum Vol 6 No 3 (2015): DINAMIKA HUKUM
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The purpose of this research is to review and to analyze juridical toward the publishing of replacement certificate, and the benefits and the obstacles in the Land Affair Office on the District of Klaten according to Government Regulation Number 24 year 1997 about land registration. Background, with the passage of time on land ownership rights holders on land certificates, often problems on the owned certificate occur even though land certificate is a strong evidence of the ownership rights to land. Those problems for example is destruction of certificate of land rights, the certificate is lost, caused by carelessness and confusion in finding a replacement certificate so that the land affair office is the authorized agency in processing those certificates. Keyword : The Publishing of replacement certificate, Goverment Regulation Number 24 Year 1997.
ANALISIS PUTUSAN HAKIM PENGADILAN NEGERI KLATEN ATAS TERDAKWA PENYALAHGUNAAN NARKOTIKA (Studi Kasus/Perkara Tahun 2012-2014) SUGIYONO, AGUS
Dinamika Hukum Vol 7 No 1 (2016): DINAMIKA HUKUM
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The objectives of this research are to study or analyze the legal consideration of the judges of Klaten District Court in implementing SEMA of the Republic of Indonesia Number 04 of 2010 and to study or analyze the legal consideration of the judges of Klaten District Court for not implementing SEMA of the Republic of Indonesia Number 04 of 2010. The background of the research is the ignorance or not implementing stipulation of SEMA of the Republic of Indonesia Number 04 of 2010 that causes the victims of narcotics abuse and addict suffered disadvantage and their rights are violated, because they should obtain the right of having rehabilitation in order to be cured from their addiction, but in fact, they are imprisoned. If the problem goes on, there will be legal violation and human right violation. The method of the research is juridicial normative research or library research, which is a research studying secondary data in the forms of legal regulation, courtverdict, legal theories and scholars’ opinions. The object of study is law as norm, in this case is the Judges’ Verdictas norm in effect for the parties imposed with sentence, nevertheless, this research will be completed with primary data which are interviews with the judges who handle the cases of narcotics abuse. The results of this research are: If, based on evidences and facts revealed in the trial, the defendantsare proved meeting all classifications of narcotics abuse or addict as stipulated in stipulation of SEMA RI Number 04 of 2010, the Defendants must be imposed with sentence of having rehabilitation, the obligation of judges to implement SEMA on the Defendants who have met classification of narcotics users or addicts, the juridicial consequence is that there is no another legal reason except a must to implement the stipulation of SEMA, meanwhile, the Judges who ignore it by excluding it in the legal consideration areconsidered as putting the Defendants into disadvantage because of violating the Defendants’ rights, the Judges’ action also contravene Article 197 paragraph (1) point d of KUHAP jo. Article 24 point a of the 1945 Constitution jo. Article 79 of Act Number 14 of 1985 concerning the Supreme Court jo. SEMA Number 04 of 2010 concerning the Placing of Narcotics Abuse, Abuse Victims and Narcotics Addicts into Medical Rehabilitation Center and Social Rehabilitation Center jo. Act Number 35 of 2009 Concerning Narcotics. Keywords : The Implementation of SEMA RI Number 04 of 2010.
ANALISIS PENERAPAN UU NO.22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN (Studi Putusan No. 45/Pid.Sus/2015/PN Skt.) NUGROHO, DANANG ANDY
Dinamika Hukum Vol 7 No 1 (2016): DINAMIKA HUKUM
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The purpose of this study is to assess the consideration of the judge in Decision No. 45/ Pid.Sus/2015/ PN Skt and examine considerations associated with the goal judge LLAJ Act. The background is that in which the object UULAJ one of which was the establishment of the rule of law and legal certainty for the public. In this case study will be conducted in the judge's decision crimes related to violations of the provisions of Article 310 paragraph (4) of Law No. 22 Year 2009 regarding Traffic and Road Transportation. The research method consists of the type of normative juridical research, the nature of descriptive research, data and data sources consisting of primary and secondary legal materials in the form of legislation and the judge's decision. Data collection is done by identifying positive law, and with study literature by reading a variety of literature relating to the problems examined. Normative data were analyzed qualitatively. The results showed that the considerations that led to the decision begins with consideration concerning the events that constitute a legal fact. Next is consideration of their juridical aspects that form the fulfillment of the elements of a criminal offense under Article 310 paragraph (4) UULAJ, namely elements: whoever is driving a motor vehicle; due to negligence has caused a traffic accident; lead others died. But beyond that it is not readily apparent juridical considerations relating to the sociological aspect of the problem is mainly associated with the effect of its decision for the community at large. In consideration of the reasons the judge does not appear related to the length of criminal will punished. Related with UULAJ purpose is merely fulfill the purpose of law enforcement and legal certainty, namely that those who violate UULAJ subject to criminal sanctions. In terms of the ruling, especially the length of sentence imposed by the judge to the defendant there is a considerable gap sharply between threatened is for 6 (six) years, with the significantly imposed by the judge is imprisonment for six (6) months deducted for the defendant to be in custody. Although this is the authority of the judges in accordance with freedom and conviction, but from the standpoint of the objective of sentencing, it is the impact on others lack the deterrence effect, meaning that the learning has not been able to provide for the public to be careful in the pass-traffic. Keyword : Application of Law No. 22 In 2009, Decision No. 45/ Pid.Sus/ 2015 / PN Skt.
ANALISIS PENYIDIKAN TINDAK PIDANA PERSETUBUHAN TERHADAP ANAK MARUDIN, EKO
Dinamika Hukum Vol 7 No 1 (2016): DINAMIKA HUKUM
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The purpose of this study was to determine and analyze the process of law enforcement against criminal acts of intercourse against a child under Law - Child Protection Act and the Criminal Code (Criminal Code) which occurred in the jurisdiction of Police Wonogiri. It also wants to identify and analyze the barriers that are found in the implementation of the process of law enforcement in such cases. Background to the dispute that the investigation of criminal offenses against children sexual intercourse is one of a series of processes legal action taken by the police investigators. The probe is intended to verify a report or regarding the report or inspection information - information relating to criminal offenses against children sexual intercourse. Investigator Police as an institution has a duty and responsibility to do the law enforcement process in its implementation still find obstacles in its implementation. This study by type, including the type of sociological and juridical research by its nature is a descriptive study. The data used are primary data and secondary data collection techniques with interviews and study the literature by using qualitative analysis techniques. It can be concluded that the process of criminal enforcement against criminal acts of intercourse against children committed by police investigators from Wonogiri been implemented as Child Protection Law and the Code of Criminal Procedure, as stipulated in Article 7 of the Criminal Procedure Code. Barriers - barriers that are found in the process of investigation of the criminal act of intercourse against children include: not follow her principles enactment of legislation, lack of clarity about the meaning of the word in the legislation that resulted in the existence of multiple interpretations, limited human resource capacity investigators, yet inadequate infrastructure as well as culture and public understanding of the laws - laws. Keywords: Analysis of Investigation, Crime Intercourse, Kids

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