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REKONTRUKSI DALAM PROSES PENYIDIKAN UNTUK MENGUNGKAP TINDAK PIDANA PEMBUNUHAN DI WILAYAH HUKUM POLRES BOYOLALI
KARIRI, MUHAMAD
Dinamika Hukum Vol 8 No 1 (2017): DINAMIKA HUKUM
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The purpose of this study is to analyze the process of reconstruction inthe investigation process to reveal the crime of murder in the jurisdiction ofBoyolali Police and the obstacles that arise in the implementation of thereconstruction.The background of the research is that the reconstruction is a veryimportant stage to reveal the crime especially the murder crime because with thereconstruction it can be known clearly the way the suspect committed a crime.The research method consists of: type of sociological juridical research,data source includes primary and secondary data. Primary data is done byinterviews with investigators and investigators who handle murder cases in thejurisdiction of Boyolali Police. Secondary data is obtained by studying the variouslaws and regulations related to criminal investigation. Data analysis is done byqualitative juridical.The results of the research indicate that the role of reconstruction is toprovide an idea of the occurrence of a crime by way of re-modeling the suspect'scriminal act, clarifying a particular criminal case has happened and knowing therole of the suspect in committing the criminal act. The obstacles in thereconstruction process are the condition of the community that can not cooperateat the time of reconstruction.Keywords: Reconstruction, Investigation, Murder Crime
KAJIAN HUKUM TERHADAP PRAKTEK PENERAPAN UNDANGUNDANG NO. 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NO. 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK (Studi Terhadap Putusan No. : 201/Pid.Sus/2016/PN Skt.).
MURTIYANI, MURTIYANI
Dinamika Hukum Vol 8 No 1 (2017): DINAMIKA HUKUM
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The purpose of this study is to assess the implementation of the Act 35 of2014, especially in the Decision No .: 201 / Pid.Sus / 2016 / PN Skt in theperspective of the Criminal Procedure Code.Background of this research that is now common cases involvingchildren as victims. This requires the public to be wary of her son in conductingsurveillance. Likewise for law enforcement agencies should continue to improvein taking action so that every child victim cases that can be resolved soon in orderto maintain the trust of community. Act of Law No. 23 of 2002 on ChildProtection was amended by Act 35 of 2014 including with a view to moreeffective law enforcement.The study was conducted with the approach of legislation and caseapproach. The research material consists of primary legal materials in the form ofa law on Protection of Children and its amendments, the law of criminalprocedure and secondary legal material in the form of the judge's decision. Inaddition, tertiary legal materials are dictionaries and dictionary Indonesian law.Data analysis was carried out by juridical qualitative.The results showed that in terms of the law of criminal procedure, thejudge's ruling in Decision No. : 201 / Pid.Sus / 2016 / PN Skt. has fulfilled therequirements of Article 197 Jo.Article 194 of Criminal Procedure CodeKeywords: Application of Act 35 of 2014 concerning changes in Act 23 of 2002on Child Protection, Decision No. : 201 / Pid.Sus / 2016 / PN
PERANAN POLISI SEKTOR DALAM UPAYA PENCEGAHAN DAN PENANGGULANGAN MINUMAN KERAS DI KECAMATAN POLOKARTO KABUPATEN SUKOHARJO
ROHSULANA, PRATUCHA WASTU
Dinamika Hukum Vol 8 No 1 (2017): DINAMIKA HUKUM
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The purpose of this study is to analyze the role of Police Sector in the effort ofprevention and prevention of liquor in Kecamatan Polokarto Sukoharjo Districtand analyze the factors that inhibit the handling of liquor.The backdrop of the study that alcohol abuse by consuming it beyond the limits offairness, in addition will be an individual problem that can harm yourself, inaddition to the wider problem can be a problem for the community.The research method consisted of sociological juridical research type, descriptiveresearch characteristic. The data needed are primary and secondary data, whiledata analysis is done qualitatively.The result of the research shows that the role of Sukoharjo Polokarto PoliceSector in overcoming the violation of alcohol is done by preventive means such asgiving counseling about the danger of liquor, giving counseling about narcoticsand dangerous drugs and liquor in schools. In addition to perform routine patrolsevery day at certain hours. Another effort is to follow up any community reportson information about cases related to liquor or other cases. Always ready to assistthe community in all actions concerning community ills. Inhibiting factors are thelack of public awareness of the dangers of liquor as well as reports or complaintsfrom the community that are sometimes unclear so that the follow-up processbecomes impeded, the level of community education is still low. easy access toliquor, extensive operation of Polokarto Police Patrol and the lack of personnel inPolokarto Police Sector.Keywords: Polokarto Police Sector Roles, Countermeasures of Liquor
PENEGAKAN HUKUM TINDAK KEKERASAN TERHADAP ANAK (PASAL 80 AYAT 2 UNDANG-UNDANG NO. 35 TAHUN 2014) DI POLRES BOYOLALI
SUBIYATI, SUBIYATI
Dinamika Hukum Vol 8 No 1 (2017): DINAMIKA HUKUM
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The purposes of this research are to study and analyze the process of thelegal supremacy of the violence act against the children in Polres Boyolali, tostudy and analyze the efforts of Polres Boyolali in the process of acceleration inhandling the violence criminal act against the children in Polres Boyolali.The background of the research focus is the children protection whichcovers the focus on the violence act. It is a legal action which brings a legalconsequence, therefore, it needs a legal assurance for the activities of the childrenprotection and the legal certainty needs to be made for the sustainability of theactivities of children protection and prevent the abuses which bring negativeconsequences in the implementation of the legal supremacy.This research used a kind of juridical sociological research. The electedlocation is Polres Boyolali. The characteristic of this research is descriptive thataccording to Soerjono Soekamto is “a research which provides initial data ascarefully as possible about human, condition or other symptomsâ€. Object of theresearch is the legal supremacy of violence act against the children which hadbeen handled by Polres Boyolali. In this research, the writer used a qualitativemethod.The result of the research was that Polres Boyolali conducted the legalsupremacy which had been conducted in the violence protection against thechildren according to Article 30 paragraph 2 of UU RI No. 35 of 2014 that wasKapolres (Chief of Boyolali police) through Kasat Reskrim (Chief of CriminalReserves) issued an Order Letter of Arrest, Investigation after finding the suspectand then conducted arrest and detention against the Suspect which was accordingto the law, it could be taken the accountability. The efforts of Polres Boyolali inhandling the criminal act of cruelty against children was that the Investigatorconducted the steps of case file for the completeness to be submitted to theAttorney which was begun from the examination on the Witnesses, the CrimeScene, Reconstruction on the Suspect and the result of juridical analysis that theSuspect’s action had met the element of Article 80 paragraph (1) of UU RI No. 35of 2014 regarding the Children Protection that is conducting violence against thechildren.Keywords: legal supremacy and children protection.
FUNGSI PENGAWASAN DEWAN PERWAKILAN RAKYAT DAERAH TERHADAP PEMERINTAH DAERAH DALAM MEWUJUDKAN APARATUR YANG BERSIH BEBAS DARI KORUPSI, KOLUSI DAN NEPOTISME DI KABUPATEN BOYOLALI
SUGITO, SUGITO
Dinamika Hukum Vol 8 No 1 (2017): DINAMIKA HUKUM
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This research gave a description on the implementation of supervisionconducted by The Regional House of Representatives (DPRD) on The RegionalGovernment in order to develop the implementation of a proportional supervisionby DPRD on the Regional Government, therefore the good governance can beembodied.Background: the background of the research focus is malfunction of thesupervision of DPRD on the Regional Leader along with the apparatuses causesthe proliferation of deviating behavior by the regional in the forms of uncleanactions and full of corruption, collution and nepotism (known as KKN). Thecentralization of power between the central government and the regionagovernment which is full of KKN causes a prolonged multi-dimentional crisis.This research is a juridical normative research. The selected location is inDPRD of Boyolali Regency. The characteristics of this research is descriptive thataccording to Soerjono Soekamto is “a research that provides an initial data ascarefully as possible about human, condition or other symptomsâ€. Object of thisresearch is The Supervisory Function of The Regional House of Representativeson The Regional Government in Creating A Clean Government Which is Freefrom Corruption, Collusion and Nepotism in Boyolali Regency. In this research,the writer used a qualitative method.The results of the research showed that the implementation of thesupervision conducted by DPRD on the Regional Government had tasksaccording to their field, therefore, the main task and function among themembersin conducting the supervision task had been suitable with the code ofconduct Number 1 of 2014 of DPRD of Boyolali Regency. The supervision isclosely related to supremacy, therefore it needs a support pillar that covers asystem of regulation, the legal implementation sistem, the legal supremacyofficers, and the judicature system. The decision whether to accept or to reject isappropriate to the provision of article 6 paragraph (4) of the Government RuleNumber 15 of 2015 that is considered as accepted. The main supervision shouldbe based on the implementation of APBD (the Regional Budget) in which itbecomes the responsibility of supervision by DPRD. The obstacles faced byDPRD of Boyolali Regency in implementing the supervisory function on theRegional Government are: 1) lack of understanding on the position, the task and the authority as well as the rights of DPRD; 2) the limitation in experience and oreducation in the legal and government field; 3) the limitation in understanding thestructure of relation among the government institutions; and 4) the attachment ofpersonal interest, group interest and political interest.Keywords: the supervision of DPRD and good government
PELAKSANAAN PEMERINTAHAN DESA DI DESA KARANGUDI, KECAMATAN NGRAMPAL, KABUPATEN SRAGEN SESUAI DENGAN UNDANG-UNDANG NO. 6 TAHUN 2014
SUWARNO, SUWARNO
Dinamika Hukum Vol 8 No 1 (2017): DINAMIKA HUKUM
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The purposes of this research are to study and analyze the implementationof the village unit’ task according to Act Number 6 of 2014 and to study andanalyze the roles of Village Institution for Community Empowerment andDevelopment (Lembaga Pemberdayaan Pembangunan Masyarakat Desa(LP2MD)) in embracing people’s aspiration in the field of village development inorder to create democracy in Karangudi Village.The background of the implementation of rural development forempowerment in accordance to Act Number 6 Year 2014. This is as aconsequence of the central government's desire the establishment of ruraldevelopment in harmony with progress nationwide in the countryside.This research used a kind of juridical sociological research. The locationselected is in Karangudi Village, Ngrampal Sub-district, Sragen Regency. Thecharacteristics of this research is descriptive that according to Soerjono Soekamtois “a research that provides an initial data as carefully as possible about human,condition or other symptomsâ€. Object of the research is the nature of the villagegovernance in the regional autonomy era. The data sources were obtained throughserveral information or facts from the Village Unit, the Village Secretary, theVillage Apparatuses, and the Villagers of Karangudi Village, Ngrampal Subdistrict,Sragen Regency.The results of the research is that one of village deliberations held inKarangudi Village is the Deliberation of Village Development Planning(Musyawarah Perencanaan Pembangunan Desa (Musrenbangdes)). theDeliberation of Village Development Planning (Musrenbangdes) is a kind ofvillage discussion attended by the elements of Village Government, VillageConsultative Body (Badan Permusyawaratan Desa (BPD)), village societalassembly, one of them is the Village Institution for Community Empowermentand Development (LP2MD) and held once a year in the office of KarangudiVillage. In the Deliberation of Village Development Planning (Musrenbangdes),the Village Institution for Community Empowerment and Development (LP2MD)is the village societal institution that involved in the deliberation.Keywords: the role of village and rural development.
KAJIAN YURIDIS PENERAPAN UNDANG-UNDANG NO. 5 TAHUN 1990 TENTANG KONSERVASI SUMBER DAYA ALAM HAYATI DAN EKOSISTEMNYA (Kajian terhadap Putusan Nomor : 82 / Pid.Sus / 2015 / PN.Skt)
ASTUTI, UJI
Dinamika Hukum Vol 8 No 1 (2017): DINAMIKA HUKUM
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The purpose of this study is to analyze the judges' considerations in Decision No.82 / Pid.Sus / 2015 / PN.Skt and analyzed the relationship between judges'considerations and efforts to conserve biological natural resources.The background of research that conservation of biological natural resources isimportant because law enforcement against violation of Law no. 5 of 1990Concerning the Conservation of Biological Natural Resources and Ecosystem isan effort to conserve the animals protected by the law.The research method includes the type of research in the form of normativejuridical because only menaganalisis secondary data in the form of law and judgedecision. The nature of descriptive research and data analysis is done normativelyqualitative.The result of the research shows that Decision Number 82/Pid.Sus /2015 /PN.Sktwhich impose the imprisonment and fine against the defendant violating Law No.5 of 1990 concerning Conservation of Biological Natural Resources and itsEcosystem is a form of law enforcement protecting biological natural resources inthis form of green turtle species. Such protection efforts are manifested in thedecision of a judge in the form of a cumulative criminal (imprisonment and fine).There is also a consideration about the criminal incriminating act of defendantdoes not succeed in government programs in maintaining protected animals.Keywords: Judicial Review, Decision No.82 / Pid.sus / 2015 / PN Skt, Law No.5of 1990 on Conservation of Biological Natural Resources and Ecosystem
PERAN HUKUM DALAM PENYELENGGARAAN SISTEM TRANSPORTASI DARAT
BELAWAN, ANGGA PUTRA
Dinamika Hukum Vol 8 No 2 (2017): DINAMIKA HUKUM
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Land transportation system is a unity of activities and management in support of every activity moving the human place continuously without knowing the boundaries of the region and time. The vital role of the transport system needs to be supported by the general public, business and government. In this case, the state is obliged to guarantee the implementation of the land transportation system properly and sustainably. This study aims to determine the current condition of Land Transportation System and provide input / suggestions on UU No. 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan and UU No.23 Tahun 2014 tentang Pemerintahan Daerah. Research on the Role of Law in the Implementation of Land Transportation System is a normative legal research. In this study to examine the systematic law of the conflict of norms that exist in the Undang- Undang Dasar 1945, UU No. 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan and UU No. 23 Tahun 2014 tentang Pemerintahan Daerah, viewed from the Legal philosophy, legal theory, state science and transportation rules. Based on the research, it is found that there are many articles of contradiction in UU No. 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan and UU No. 23 Tahun 2014 tentang Pemerintahan Daerah, especially in the regulation of land transportation system. The contradiction of the norms takes place both in the same law as well as in different laws but governing the same. Therefore, the preparation of legal products in relation to the Land Transportation System should further bring the spirit that accommodates that the Transport System is a series of borderless / can not restricted transportation activities. Then combined with the spirit of the Good and Clean Governance program in the service of public transportation needs by agreeing that transportation is the backbone of the State in almost all areas so it is a vital subsystem in realizing the ideals of the State. Arrangement of the future land transportation system should be directed as the interests of the State so it can easily be arranged to be simultaneous and integrated with the sea and air transportation system. So the legal consequence is the authority of arranging the transportation system is drawn to the Central Government while the Regional Government as a supporter in conducting supervision and control of transportation activities. Keywords: Role of Law, Land Transportation System
PERAN PENYIDIK DALAM PROSES DIVERSI PADA TAHAP PENYIDIKAN TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA
PRABOWO, ANOM
Dinamika Hukum Vol 8 No 2 (2017): DINAMIKA HUKUM
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This study aims to determine the role of investigators in the application of diversion against child offenders. This research was conducted at Polres Wonogiri.Data were collected through interviews and document studies. In addition, library research was also conducted. Data analysis technique is done by qualitative descriptive method. Based on research conducted that the implementation of diversion is based on the poor handling of children in conflict with the law and the best interests for children. The role of the investigator is very important because it has authority in solving child crime. In practice, there were several obstacles such as lack of socialization about diversion. In addition, not all child cases can be resolved through a diversion attempt. The study also found that sometimes the victim's family did not want to choose a solution by way of diversion. In addition, investigators are guided by internal police regulations other than the prevailing laws and regulations. Keywords: The Role of Investigators in the Diversity Process
KAJIAN TENTANG HAK-HAK ANAK DALAM PROSES PENYIDIKAN TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN DALAM PERSPEKTIF ASAS PRADUGA TIDAK BERSALAH
WIDOWATI, AYU
Dinamika Hukum Vol 8 No 2 (2017): DINAMIKA HUKUM
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The purpose of this study was to analyze the practice of the implementation of the rights of the child suspects in the case of theft by weighting handled by Investigator Police Wonogiri in the perspective of the presumption of innocence. Background research that children as young generation to be aware of his rights as a suspect in the judicial process. The fulfillment of the rights of the child suspect is a manifestation of the principle of presumption of innocence.\The research method used in this research is normative juridical. The method used is the approach of legislation and case approach. Legal materials needed in this research is the primary legal materials, secondary legal materials, tertiary legal materials. Methods of data analysis in this study conducted qualitatively. The results showed that during the investigation process has been carried out the arrest and detention of suspects. The rights of suspects who were arrested have been complied with as must be done with a warrant, arrest warrant. After being in the custody of the child should be separated from adult prisoners, the need for physical, spiritual, and social must be met. In practice the rights of suspects the child has been given. The obstacle is the problem of infrastructure required to sustain that the rights of the child more easily met as a child custody, child investigators that number is still inadequate. Keywords: Rights of the Child, Investigation Process, theft by weighting, principle of presumption of innocence