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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 SOSIOLOGIS PENYIDIKAN TERHADAP TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN DI POLSEK MOJOSONGO KABUPATEN BOYOLALI (PASAL 363 AYAT 1 KUHP) WARSONO, JOKO
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Background research focus is motivated issue criminal offense of theft byweighting, by no means a problem that is simple, because sometimes officerscreated difficulties in uncovering a case and the perpetrators increasingly cleverfool officers in a way to cover his tracks as neat as possible, so the aboverationale, the writers take the title of “socio-juridical analysis of the investigationof the crime of theft by weighting in Mojosongo police station (article 363paragraph 1 of the criminal Code).The results are indicative of the crime of theft by weighting or livestocktheft committed by the suspect Arip Wulandoko bin Tukiman because it has beenthe fulfillment of the elements as defined in Article 363 paragraph (1) CriminalCode. Investigators at the time of assignment of the suspect Arip Wulandoko notknow the full name and residential address Eko brother and did not know in anymarket you shop EKO cows. When investigators searched and investigators arelooing for witnesses witness with regard to information no witnesses who sawwhen the suspect Arip Wulandoko meet by brother Eko other name JUNE soinvestigators difficulty in identifying the person named Eko and not knowingfellow employees or close friend of the brothers EKO JUNE other name so thisinvestigators and the investigators must coordinate all sat reskrim Boyolali. Sincefour cattle traders were photographed and shown to the suspect ARIPWULANDOKO and always refused fourth suspect named EKO photo, then itimpedes the process of gathering information from witnesses and evidence.Keywords : investigation, the crime of theft and weighting.
KEBIJAKAN FORMULASI PASAL TENTANG WAJIB LAPOR UNDANGUNDANG NOMOR 35 TAHUN 2009 DALAM PERSPEKTIF PERADILAN PIDANA GUNA MEWUJUDKAN PEMBAHARUAN HUKUM PIDANA DI INDONESIA WIDODO, JOKO
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The purpose of this study are: (1) To determine and analyze theformulation formulation of clauses concerning notifiable in Law No. 35 Year2009 on Narcotics in supporting the implementation of the criminal justice systemin order to realize narcotics laws. (2) To know and analyze the policy of criminallaw against narcotic crime through the criminal justice system as criminal lawreform in Indonesia.This type of research used in this thesis is normative research, namely:reviewing laws that are drafted as norms / rules prevailing in society, and to be areference the behavior of every person. The research approach used in this thesisis to use the conceptual approach (conceptual approach), and the approach oflegislation (normative approach). In this case the conceptual or conceptual termsis an understandable thing, in this conceptual framework expressed some conceptsto explain and describe the author of this thesis, namely criminal law policynarcotics criminal justice system. The nature of research is descriptive, ie tomemberikkan fullest picture of criminal law policy narcotic crime throughthe Criminal Justice System in order to reform the law in Indonesia.In the formulation of Law Number 35 Year 2009 on Narcotics found noconsistency imposition of criminal sanctions and the absence of minimum limitkhsusu against the penalty of a prohibited act under the provisions of Act No. 35of 2009 on the Narcotics. The treatment of narcotic crime committed by the policeis in the process of investigation, then Criminal charges against the doersconducted by the Public Prosecutor in accordance with his authority as a publicprosecutor and decided by a judge.Key Word: Formulation Policy Report Article On Mandatory Law Number 35 Of2009 and Criminal Law Revision
PENEGAKAN HUKUM DALAM KASUS KECELAKAAN LALU LINTAS DI SATLANTAS POLRES BOYOLALI WINARNO, JOKO
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The purposes of this research is to study and analyzed the law enforcementin the Case of Traffic Accident and the steps conducted by Satlantas (Unit ofTraffic), therefore, the implementation of investigation can took place fast.Backgoround. The measurement of the accident incident is through thepolice’s act of who respond fast either in an accident, a crime, or other incidentsthat need a presence of Police. In order to anticipate this matter, recently, Police ofThe Republic of Indonesia has a center of information controlling which issophisticated enough, therefore, based on the underlying background, the writertake a title “Law Enforcement in The Case of Traffic Accident in Satlantas PolresBoyolali”.In this research, the location where the research took place is PolresBoyolali (Boyolali Police) because of being based on the consideration that inPolres Boyolali. Type of the research used in this research is a juridical empiricresearch. The characteristics of the research conducted by the writer is descriptivethat is a research which tries to describe situation and other symptoms. Thetechnique of data analysis is a technique in checking and analyzing the data sothat valid and reliable data can be obtained. In this research, the writer used aqualitative method.The process of law enforcement conducted in the traffic accident can beconcluded that the act of the suspect EDY SURYO PITOYO bin MUSLIMIN,Age: 26 y.o, Place of Birth in Magelang on 24 August 1989, Religion: Islam,Gender: Male, Last Education: Junior High School, Occupation: Private Worker,Address: Dk. Kalangan, Rt 05/02, Ds/Kec. Grabag, Kab. Magelang had met theelement of offense contained on the Article 310 paragraph (3) Act Number 22 of2009 concerning Traffic Light and Road Transportation explaining that: Everyonewho drive a vehicle that due to his/her carelessness causes a traffic accident inwhich the victim is heavily injured as meant by Article 310 paragraph (3), he/shewill be punished with imprisonment for maximally 5 (five) years and/or fine asmuch as IDR 10,000,000.00 (ten million Rupiah). That in Article 310 paragraph(3) Act Number 22 of 2009 concerning traffic and road transportation explains:Everyone who drive a vehicle that due to his/her carelessness causes a trafficaccident in which the victim is heavily injured is punished with imprisonment formaximally 5 (five) years or fine as much as IDR 10,000,000 (ten million Rupiah).The elements of Article : a. Everyone who drive a vehicle, b. Due to his/hercarelessness causes a traffic accident, c. Causing the victim heavily injured.Keywords: Law enforcement, Traffic Accident
ASPEK PIDANA TENTANG PELAKSANAAN PEMBERIAN BANK GARANSI DI PT. BANK EKONOMI RAHARJA CABANG SEMARANG MENURUT UNDANG-UNDANG NO 10 TAHUN 1998 DAN SURAT KEPUTUSAN BANK INDONESIA NO. 23 TAHUN 1991 TJIANGDI, TJIANGDI
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The purpose of a study to assess and analyze the implementation of theprovision of bank guarantee in PT. Bank Ekonomi Raharja Semarang Branch,knowing the causes of default and how to handle the implementation of theprovision of a bank guarantee in Bank Ekonomi Raharja, and examine thecriminal aspects in the conduct of the administration of the bank guarantee inBank Ekonomi Raharja.Background is based on interviews of researchers with PT BankEkonomi Raharja found in cases where there are customers who default so thatthis becomes an interesting topic for research. In the activities of Bank Guarantee,customers can take advantage of a bank guarantee to provide as collateral to BankEkonomi Raharja as required by suppliers used to guarantee payment of suchwork so that the reliability of the implementation of the work is quite secured by abank guarantee. Based on the above it is necessary to do research on the processof judicial practice in awarding the bank guarantee and the completion of the bankin the practice of the implementation of the provision of a bank guarantee.The research method consisted of: This research type is JuridicalEmpirical approach, that is an approach method used to solve the research objectby examining secondary data to primary data in the field.Conclusion. Implementation of a bank guarantee in Bank EkonomiRaharja in accordance with the regulations of Bank Indonesia concerning theprovision of bank guarantee by Bank Ekonomi Rahardja. Because of default andhow to overcome them in the implementation of the provision of a bank guaranteein Bank Ekonomi Raharja is a debtor bankrupt and release all the privileges by thebank. But during the time in Bank Ekonomi Raharja new branch will not occur orhave occurred yet significant problems associated with the provision of a BankGuarantee to its customers. There are criminal aspects in the implementation ofthe provision of a bank guarantee in Bank Ekonomi Raharja related to Article 378of the Criminal Code.Keywords: Bank warranty, tort, criminal aspect.
TINJAUAN YURIDIS SOSIOLOGIS TINDAK PIDANA NARKOTIKA DALAM PENYIDIKAN DI SAT RESNARKOBA POLRES BOYOLALI JALU W., TRI
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The purpose of thisresearchis to study and analyze the criminal act ofnarkotics and the steps of investigation performance on the criminal act ofnarkotics in the investigation in Sat Resnarkoba Polres Boyolali (Resort Unit ofNarcotics and Drugs, Boyolali Police) .Background. The provisions of a law which regulates the matter ofNarcotics had been made and implemented, nevertheless, crime related toNarcotics has not been able to be reduced. In many cases, there were manycroupiers and sellers of narcotics and drugs who were arrested and got a heavysanction, but, other perpetrators seemed not to care, even the provisions of thelaws governing the Narcotics issue have been compiled and enforced, but narcoticcrimes can not be eradicated thoroughly.The Writer conducted a preliminary research awal in the form of collectingthe supporting researched data. After that, the Writer conducted aresearchin SatReserse Narkoba Polres Boyolali. The techniques of data collection are in theforms of interview and documentation study. All data collected either primary orsecondary data would be analyzed qualitatively that was explanation according tothe quality, which prevailed on fact as being in line with the primary data whichwas related to the theories in the secondary data.Discussion. That the act of the suspect REJO AHMADY Bin AHMADTARMUJI, Place and Date of Birth: Boyolali, 17 August 1971, Age: 44 y.o.,Religion: Islam, Gender: Male, Occupation: Private Worker (motorcycleworkshop), Last Education: Elementary School graduated in 1986, Address: Dk.Cepogo Rt 03 Rw 01 Ds. Cepogo Kec. Cepogo Kab. Boyolali, had broken the lawand had met the elementes of criminal act of Narcotics misuse as meant on theformulation: Article 112 paragraph (1) jo article 114 paragraph (1) jo article 127paragraph (1) Actnumber 35 of 2009 concerning Narcotics. The Steps of TheInvestigation Completion Process of The Criminal Act were: 1. Arranging aPolice Report, 2. Composing a Task Command Letter, 3. Composing anInvestigation Command Letter, 4. Information on The Beginning of Investigation,5. Composing an Appointment of Lawyer, 6. Composing a Rejection on theLawyer, 7. Composing a Statement Letter, 8. Composing an Arrest CommandLetter, 9. Composing a Detention Command Letter, 10. Composing a SearchingCommand Letter, 11. Composing a Confiscation Command Letter, 12. Examiningthe Evidences in Laboratory.Keywords: Criminal act of narcotics, Investigation
PENERAPAN PERSAMAAN UNSUR POKOK DALAM SENGKETA MEREK TERKENAL BERDASARKAN UNDANG-UNDANG NOMOR 15 TAHUN 2001 TENTANG MEREK (Analisis Putusan Mahkamah Agung Nomor : 022.K/N/HAKI/2002) KARTAWIDJAYA, JUANDA
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Cornetto as well-known foreign brands are having legal problems withtheir registration Campina Cornetto with No. Registration 425 985 in the Office ofthe Director of IPR. Registration Campina Cornetto have similarities in principlewith Cornetto that are well known. Therefore, pursuant to Article 76 of Undang-Undang No. 15 of 2001 on the marks, the Cornetto filed for cancellation oftrademark registration in the commercial court, the case is decided in the Supremeappeal through the Putusan Mahkamah Agung No. 022.K / N / HAKI / 2002.This research aims to determine the application of similarity in principlein dispute famous brand between Cornetto against Campina Cornetto, and basicconsideration both the judges and the judges judex factie and judex juris inimplementing elements of similarity in principle in the case of the mark.This research method is a normative juridical research, which refers tothe legal norms contained in the legislation, international conventions, and thecourt ruling. This study seeks to cultivate primary and secondary legal materialthat has been collected is then given ratings (evaluation) using deductive logic,namely by pulling off a major premise to the minor premise, then performedfurther interpretation and arguments filed. Furthermore, the authors provide anassessment of right or wrong or what should be according to the law or legalevents of the research results.The results of this research is to show that the registration of CampinaCornetto there are similarities in principle to Cornetto, as foreign brands are wellknownin advance. The panel of judges in applying the similarity in principle canbe seen from the form, placement means, ways of writing, and pronounciation, aswell as combinations of these elements. In addition, the similarity in principle intrademark disputes have accompanied any element of bad faith of the defendant /respondent appeal. The cornerstone of the application of the equation principallymeasured based on legal regulations of national and international as well as seethe knowledge society to the development of the mark in question.Keywords: Law of Trademarks, Equation In any case, and well-known mark
KAJIAN YURIDIS TERHADAP KASUS PENCURIAN DENGAN PEMBERATAN PADA PUTUSAN NO.: 164/Pid.B/2015/PN Skt. SETIAWAN, BAMBANG
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The purpose of this study is to analyze the judges 'consideration and thecontent of judges' ruling on the case of criminal theft with a weighting in thedecision. 164 / pid.b / 2015 / PN SKT. It also examines the implementation offormal law and material law in the case of criminal theft with such deduction.The background of the research that the problem of theft with theweighting is still common in the community. This decision is interesting toexamine because there are several elements of weighting in the case of theft.The research method consists of: research approach is done by approachof law and approach of case. The legal substance consists of the primary legalmaterials in the form of laws and other relevant regulations. The secondary lawmaterial consists of a judge's verdict. The method of analysis is done byqualitative juridical.The conclusion of the research that judge's consideration in the case oftheft with a weighting in Decision No. : 164 / Pid.B / 2015 / PN Skt. containsconsiderations of indictments, facts, legal considerations. The factualconsideration concerns the testimony of witnesses, the prosecution witness andthe lightening witnesses, the consideration of the defendant's statement, theconsideration of the evidence. Legal consideration is the assessment of elementsof crime in the indictment. The flow of decision making is in accordance with theprovisions of criminal procedure law. In addition, the assessment of the provisionsof the criminal act of theft with the weighting is in accordance with the usualinterpretation used in criminal law.Keywords: Judicial Review, Theft with a weighting
KAJIAN YURIDIS TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ANAK DENGAN MENGGUNAKAN PENDEKATAN RESTORATIVE JUSTICE (Studi Pada Putusan Pengadilan Negeri Karanganyar No. 01/Pid.Sus- Anak/2014/PN Krg dengan Putusan Pengadilan Negeri Banyumas No. 05/Pid.Sus-Anak/2015/PN Bms) SANYOTO, S. DWI
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The purpose of this study are to: 1) Assess the approach to the concept ofrestorative justice in criminal child in Indonesia. 2) Assess considerationKaranganyar District Court in deciding the case the crime of persecution (brawl)done by children using restorative justice approach in Karanganyar District CourtNo. 01 / Pid.Sus Anak / 2014 / PN KRG with the District Court Banyumas No. 05 /Pid.Sus Anak / 2015 / PN Bms.Methods of approach in this paper is normative. Specifications of thisresearch using descriptive analysis. Source data using secondary data. Datacollection techniques using literature study and document research. To analyze thedata, researchers used a qualitative normative method.Based on the research results can be concluded that: 1) The concept of theapproach of restorative justice in the criminal assault of children is done with threealternatives, namely outside the legal system without the involvement of lawenforcement officials, outside the legal system to keep law enforcement officials, andas part of the system Justice. 2. a. Consideration of Karanganyar District Court indeciding the case the crime of persecution (brawl) done by children in KaranganyarDistrict Court No. 01 / Pid.Sus Anak / 2014 / PN KRG are in accordance with LawNo. 11 Year 2012 on Child Criminal Justice System. Judge considerations such factsin the trial and juridical facts, as well as seeing things that are burdensome andrelieve the defendant. The judge dropped imprisonment for 1 (one) year with thecriminal provisions need not be run unless the future Children convicted of acriminal offense again based on the decision of the judge, before a period of 1 (one)year and 6 (six) months gone and dropped anyway the child's criminal to undergo jobtraining for 3 (three) months. The judge also looked at the application of sanctions tothe child in prison is not appropriate because of psychological factors. b. BanyumasDistrict Court Judge consideration in deciding the case the crime of persecution(brawl) done by children on Decision No. 05 / Pid.Sus Anak /2015/ PN Bms include:(1) Severity of criminal or delinquency committed by children; (2) The state of thechild; (3) The state-parent households; (4) The relationship between the familymembers and the state of the environment; (5) Noting reports Supervisor Society andthe history of the defendant Child.Keywords: Crime Kids, Restorative Justice Approaches
ANALISIS PEMBUKTIAN UNSUR-UNSUR PASAL 114 ayat (2) UNDANGUNDANG No 35 TAHUN 2009 TENTANG NARKOTIKA (Studi Terhadap Putusan Pengadilan No.: 246/Pid.Sus/2016/PN. Skt.) HANDAYANI, DYAH NUNING
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This study aims to analyze Proof Elements of Article 114 of Law 35 of2009 on Narcotics in Decision No. : 246 / Pid.Sus / 2016 / PN. Skt.Background research that the drug problem has become a nationalproblem that is increasingly troubling. One case was handled and narcotics casesalready decided by the District Court of Surakarta namely Decision No. 246 /Pid.Sus / 2016 / PN. Skt. The verdict is an example of the application of Article114 paragraph (2) of Law 35 of 2009 on Narcotics. In this study will be assessedon the evidentiary elements contained in the article in consideration of the judge.The research method with the approach of legislation and case approach.Data consisted of secondary data in the form of primary legal materials, secondaryand tertiary. In addition to the primary data in the form of observations.Normative data were analyzed qualitatively.The results showed that the legal provisions and principles of evidence inproving the criminal case has been applied. This is evident in the consideration ofjudges consisting of consideration of the facts also legal considerations.Consideration of the facts pertaining to testimony of witnesses, testimony of thedefendant, confirmed the testimony of witnesses and information from thedefendant, the evidence and documentary evidence. Eventually all of the evidenceand the evidence supports the fulfillment of the elements of the offenses chargedthat the defendant was sentenced.Keywords: Proof, Act 35 of 2009 on Narcotics, the Court Decision No .: 246/Pid.Sus / 2016 / PN. Skt
KAJIAN HUBUNGAN SATUAN FUNGSI DALAM PENEGAKAN HUKUM DI POLRES BOYOLALI PRIYANTO, FX.
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The purpose of this study is to determine the extent to which the relationshipbetween functions in law enforcement in the District Police Boyolali in accordancewith Perkap No. 23 of 2010, September 30, 2010.The background of this research is that in the context of the execution ofduties as law enforcers, members of the Police who are in the field or in the officialstill lack understanding of translations of meaning and meaning of protector,protector and public servant.The research method begins by conducting initial research in the form ofdata collection that support the problem under study. Furthermore, the researchconducted in Polres Boyolali, while the data collection techniques in the form ofinterviews, documentation studies. All the data collected is analyzed qualitatively, ie,the description based on the reality associated with the theories.The results showed that, the relationship between the functions in lawenforcement in Polres Boyolali has been running well, Police Smile Program /Commend Center recently launched by the Chief of Police on January 28, 2017 inPolda Central Java also went well. With this program, it is hoped that the relationshipbetween the community and the Police will be closer because the people reporting theproblem or making a complaint to download Police Smile / E-Complain program sothey do not have to come to the Polres office.Keywords: Relationship among functions in law enforcement.

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