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Dinamika Hukum
Published by Universitas Stikubank
ISSN : 14123347     EISSN : 27465772     DOI : 10.35315//dh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
FOKUS Fokus JURNAL DINAMIKA HUKUM adalah menyediakan artikel ilmiah hukum sesuai tema yang dikembangkan yang disajikan melalui publikasi artikel, laporan penelitian, dan resensi buku. CAKUPAN JURNAL DINAMIKA HUKUM adalah jurnal terbitan Program Studi Ilmu Hukum UNISBANK Semarang Indonesia, yang dimaksudkan untuk meningkatkan kontribusi dalam perkembangan ilmu pengetahuan khususnya dalam kajian ilmu hukum. JURNAL DINAMIKA HUKUM terbuka untuk kontribusi para ahli penulisan dari disiplin ilmu terkait. Artikel-artikel yang dikirim antara lain topik-topik pokok dalam: Hukum Pidana, Hukum Perdata, Hukum Bisnis, Hukum Kriminal, Hukum Internasional, Hukum Ketenagakerjaan, Hukum Islam, Hukum Agraria, Hukum Tata Usaha Negara, Hukum Tata Negara, Hukum Acara Pidana, Hukum Acara Perdata, Hukum Lingkungan
Arjuna Subject : Ilmu Sosial - Hukum
Articles 133 Documents
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PENEGAKAN HUKUM ADMINISTRASI TERHADAP KEGIATAN YANG TIDAK BERDAMPAK PENTING YANG BELUM MEMILIKI DOKUMEN UKL-UPL (Studi PT. Hadi Putra Makmur Kota Semarang) Istiqomah Istiqomah
Jurnal Ilmiah Dinamika Hukum Vol 20 No 1 (2019): Vol. 20 No. 1 Edisi April 2019
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v22i1.8257

Abstract

ABSTRACT An environmental permit is a permit given to any person or initiator who wishes to undertake a business and / or activity that is required to be UKL-UPL in the framework of environmental protection and management as a condition of obtaining a business and / or activity license. Violations committed by PT. Hadi Putra Makmur related to the issue of obligations and prohibitions, especially regarding licensing, efforts to manage and monitor the environment, hereby the supervision of DLH enforces by giving administrative sanctions. The above is the basis for the author to take the title "ADMINISTRATIVE LAW ENFORCEMENT ON IMPORTANT ACTIVITIES THAT DO NOT HAVE DOCUMENTS UKL-UPL (Study of PT. Hadi Putra Makmur Semarang City)." In this research, the authors raise the problems, namely: a. How is administrative law enforcement for activities that have no significant impact that do not yet have UKL-UPL documents? b. What are the obstacles that arise in the administration of administrative law for activities that do not have significant impacts that do not have UKL-UPL documents? c. What is the Role of Administrative Law in Enforcement of Environmental Law? The method used is to use the type of juridical normative research with descriptive analytical research specifications, secondary data sources with data collection methods through literature study and interviews, and the method of presentation and data analysis methods using descriptive analytical methods. The purpose of this study is to explain the application of administrative sanctions for activities that do not have significant impacts that do not have UKL-UPL documents. Barriers that arise in the enforcement of administrative sanctions for activities that do not have a significant impact that do not have UKL-UPL documents, and the role of administrative law in environmental law enforcement. The results showed that PT. Hadi Putra Makmur has violated licensing, environmental management and monitoring efforts, DLH Semarang city has imposed administrative sanctions in the form of government coercion in accordance with PP no. 37 of 2012 concerning environmental permits. Administrative sanctions are legal instruments used for the first time by DLH in enforcing cases conducted by PT. Hadi Putra Makmur. Keywords: Administrative Enforcement, Environmental Permit, UKL-UPL
PENERAPAN SANKSI PIDANA PENYALAHGUNAAN NARKOTIKA YANG DILAKUKAN ANAK DIBAWAH UMUR ( Studi Perkara No.18/Pid.Sus-Anak/2016/PN Smg ) Barokah Barokah
Jurnal Ilmiah Dinamika Hukum Vol 20 No 1 (2019): Vol. 20 No. 1 Edisi April 2019
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v22i1.8258

Abstract

The application of sanctions for children is not the same as the application of sanctions for adults, criminal sanctions imposed on children are based on justice, truth, welfare, and the child's future, children have special characteristics and characteristics that require guidance in order to ensure their physical and mental growth as a whole. , harmonious and balanced because children are the most important pillar in determining the fate of the nation and state in the future. An addict or narcotic abuser from a legal perspective is also a criminal offender. In this study, the authors raised several problems, namely How to Implement Criminal Sanctions Against Children of Narcotics Abusers and How Judges Considerations in Deciding Narcotics Abusers in Decision No.18 / Pid.Sus-Anak / 2016 / PN Smg. The research method used in this research is in concreto. This writing aims to explain the Application of Criminal Sanctions Against Narcotics Abuse Children and Judge Considerations in Dropping Decisions Against Narcotics Abuse in Decision No.18 / Pid.Sus-Anak / 2016.PN Smg, the defendant is sentenced to sanctions for actions namely by medical rehabilitation and social rehabilitation . The sanctions obtained by narcotics criminal offenders in decision No.18 / Pid.Sus-Anak / 2016 / PN Smg are in accordance with existing regulations in Indonesia, apart from being accompanied by a person / guardian, the defendant is accompanied by a legal advisor, namely Rizka Abdurrahman SH, MH, during the examination process of the defendant did not receive discriminatory treatment / distinction, the judge in passing the verdict for the defendant has considered things that are burdensome and lighten and consider everything that is best for the child. Keywords : Children, Narcotics, Abuse, Application of Criminal Sanctions
TINJAUAN KRIMINOLOGI TENTANG SEBAB-SEBAB ORANG MELAKUKAN TINDAK PIDANA PENCABULAN (Studi Putusan PN Demak No.115/Pid.Sus/Dmk 10 Agustus 2016). Ragil Wahyuningsih, Safik Faozi
Jurnal Ilmiah Dinamika Hukum Vol 20 No 1 (2019): Vol. 20 No. 1 Edisi April 2019
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v22i1.8259

Abstract

The occurrence of crime is caused by several factors, namely criminal biology, criminal psychology, and criminal sociology. Even though there are many factors related to an offender committing an act of sexual abuse based on that basis, I took a research entitled: "Criminological review of the causes of people committing an act of sexual immorality (Study of the Demak State Decision No.115.Pid.Sus / PN / Dmk August 10, 2016) ". Formulated as follows what factors cause people to commit criminal acts of sexual abuse? And what about the criminology review of the perpetrators of obscene criminal acts in the Demak District Court for the study of obscene decisions based on the decision of the Demak District Court No.115.Pid.Sus / 2016 / PN / Dmk 10 August 2016 ?. A type of sociological juridical study, the specifications of this study are analytical descriptive. Descriptive qualitative analysis data with the aim of describing the exact characteristics, state of symptoms of a particular individual or group can be concluded later stages. Based on the research results obtained: the conclusion of biological factors, psychological factors, sociocultural factors. Criminal psychology factors on the condition of the perpetrators can be seen from the way they do, sociocultural factors seen from the economic conditions, changes in the social status of rural communities to the city. Crimes related to criminal psychology, criminal biology, sociocultural: 46 year old convict R as a criminal biologist who committed crimes such as sexual abuse, convicted R male sex. Biologically criminal acts of sexual abuse committed by men rather than women, convict R has a normal mental state that psychologically has the ability to be responsible for the crimes committed. Keywords: Criminology, Causes of Crimes, Crimes for obscenity.
TANGGUNG JAWAB ATAS KETERLAMBATAN, KERUSAKAN ATAU KEHILANGAN PENGIRIMAN BARANG DI PT. PANDU LOGISTICS Tira Hana Kristina, Fitika Andraini
Jurnal Ilmiah Dinamika Hukum Vol 20 No 1 (2019): Vol. 20 No. 1 Edisi April 2019
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v22i1.8260

Abstract

Freight of goods and passengers in Indonesia With the availability of goods and transportation needed by transportation, there are many entrepreneurs or transportation service companies in the three transportation routes. PT. Pandu Logistik is a company engaged in the transportation of goods which is a legal entity in the Commercial Postal Service as stipulated in article 18 paragraph (1) of Law Number 38 of 2009 concerning Postal. During the process of shipping goods sometimes it does not need to be done with problems, for example regarding expenditures, both originating from nature, human actions or from the nature of the goods themselves. In answering this law, the approach method is carried out using the sociological juridical method with descriptive analytical specifications and the analysis is done qualitatively. The results of this study indicate that the standard agreement in the transportation agreement determined by the carrier according to the position of the parties is not balanced and there is no freedom of transfer to determine the contents of the agreement. Factors that cause ownership change, damage or loss of goods in PT. Pandu Logistics is 2 factors, the first factor which is a factor of PT. Pandu Logistik itself and the second is external factors such as circumstances and accidents that cannot be done in the transportation of goods. The responsibility of PT. Pandu Logistics Semarang for lost or damaged goods that is by way of compensation of 10 times the shipping fee or a maximum of Rp. 1,000,000 (one million rupiah), except if PT. Pandu Logistik Semarang can prove right and wrong that PT. Pandu Logistik Semarang, apart from the negligence and mistakes of the sender of the goods or because there is something about the cargo that does not reach the recipient of the goods, this is what frees PT. Pandu Logistik from Semarang sent by the goods sender. This is in accordance with article 10 paragraph (2) letter i Government Regulation Number 15 Year 2013 concerning Regulation Number 38 Year 2009 concerning Postal Keywords: Standard Agreement, Factors, Responsibility, Delivery of Goods
PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PRODUK MAKANAN YANG BELUM BERSERTIFIKAT HALAL Putri Hayuning Wulan
Jurnal Ilmiah Dinamika Hukum Vol 20 No 1 (2019): Vol. 20 No. 1 Edisi April 2019
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v22i1.8261

Abstract

The development of the economy in Indonesia in the field of trade and industry has given birth to many types of goods and services. Helped with the advancement of information technology and telecommunications in Indonesia, resulting in the vast area of ​​buying and selling transactions to foreign countries. As the largest Muslim population in the world, Indonesia has the potential to become the largest producer of halal food. Business actors not only pay attention to the composition of the medical course, but also need food that is consumed legally. Legal certification of food products as a form of consumer protection against the halal of a product, not only to protect consumers but also as a bulwark to eliminate abuse authorities that harm business actors are only in the interests of consumer protection. The above is the basis for the author to take the title: "LEGAL PROTECTION FOR CONSUMERS OF FOOD PRODUCTS THAT HAS NOT HALAL CERTIFIED". The problem in this study is how the form of legal protection for consumers of food products that have not been halal certified and the legal consequences for businesses for food products that have not been halal certified. This study uses a normative juridical approach. The research specifications used are analytical descriptive. The data of this research are secondary data obtained through literature study which are then analyzed using qualitative methods. The research results obtained despite regulations made by the Government, in Act Number 8 on Consumer Protection in 1999 and Act Number 33 on Halal Product Guarantee in 2014, that the facts that occur there are still food products that have not been halal certified . Based on the results of the study, legal protection for consumers of food products that have not been halal certified is regulated in Article 45 of the Consumer Protection Act which regulates if consumers are harmed by products, consumers can file lawsuits with business actors as a form of legal protection against consumers. The obligation as a business actor to have a halal certificate is regulated in Article 4 of Law Number 33 of 2014 concerning Halal Assurance System, as a result of the law received by business actors for the circulation of food products that have not been halal certified, namely by providing administrative sanctions and criminal sanctions that are regulated in Article 62 of the Consumer Protection Act. Keywords: Consumer Protection, Halal Certificate, Legal Effects
PENEGAKAN HUKUM DALAM PENANGGULANGAN PROSTITUSI DI KABUPATEN DEMAK Anastasia Hani Prasetio, Safik Faozi
Jurnal Ilmiah Dinamika Hukum Vol 20 No 2 (2019): Vol. 20 No. 2 Edisi Agustus 2019
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v23i2.8262

Abstract

Prostitution is an act that deviates and violates the rules of social and religious values ​​and norms. Prostitution involving parties such as pimps, commercial sex workers, and service users comes from various circles due to economic factors and lack of mental strength in dealing with global changes in society that changed to the modern era, as well as lifestyle demands where values ​​and norms exist in in society began to be eroded by the changing times that are increasingly developing. The method used in this research is normative juridical, research specifications in concreto, secondary data sources, the data obtained will be analyzed qualitatively. The results showed that law enforcement in the handling of prostitution in Demak Regency was carried out using the model of actual enforcement law. It emerged after the discretion in law enforcement was believed to be due to limitations, both related to infrastructure, quality of human resources, quality of legislation and lack of community participation. Law enforcement officers include the Civil Service Police Unit, Demak District Police, and Social Services. Obstacles that occur in law enforcement in the prevention of prostitution in Demak Regency are due to legal factors including; in the sound of the Regional Regulation numbers are unclear so that it can be bargained in other words not in accordance with these rules, law enforcement factors; law enforcement officials are less assertive, law enforcement officials prioritize the principle of humanity, and the lack of personnel, factors and facilities include; the absence of rehabilitation houses to accommodate community disease perpetrators (CSWs) and lack of funding to crack down on perpetrators to the judicial process, community factors include; the community is less participating in reporting the practice of prostitution around them, and there are backing / thugs or pimps who protect commercial sex workers to provide information early so they can escape, cultural factors include; The inherent community culture has long since begun to be abandoned, and the existence of a modern city culture has entered the Demak District. Keywords: Law Enforcement, Prevention of Prostitution
PUTUSAN LEPAS DALAM KASUS TINDAK PIDANA KORUPSI DI TINJAU DARI UU NO. 31 /1999 JO. UU NO. 20 TAHUN 2001 TENTANG PEMBERANTASAN KORUPSI (Studi Perkara No. 942/ Pid. B/2005/PN.Smg Jo.Putusan Kasasi No.898 K/Pid.Sus /2008) Nada Fitri Satyawan, Rochmani
Jurnal Ilmiah Dinamika Hukum Vol 20 No 2 (2019): Vol. 20 No. 2 Edisi Agustus 2019
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v23i2.8263

Abstract

Article 67 of the Criminal Procedure Code states that defendants or public prosecutors have the right to appeal against decisions of the first level court except for acquittals, apart from all lawsuits concerning the problem of inaccurate application of the law and court decisions in rapid proceedings. Therefore, an appeal against a decision cannot be appealed, however, the fact is that there are prosecutors who appealed against the verdict as contained in the appeal deed number: 60 / Appeal / deed.Pid / 2006 / PN. As for the problems in this research are: (1) How can the decision to be released from lawsuits in terms of Law No. 31/1999 jo. Law no. 20 of 2001 (case study No. 942 / Pid.B / 2005 / PN.Smg)? (2) Whether the decision is free from legal charges based on case No. 942 / Pid. B / 2005 / PN.Smg Jo. Cassation Decision No.898 K / Pid.Sus / 2008 can legal remedies be made? The type of research used in this research is the type of normative legal research on certain legal events. The application can be realized through concrete actions and legal documents, the results of the application will create an understanding of the realization of the implementation of the normative legal provisions that have been studied properly or not. Based on the results of research and discussion is a decision based on case No. 942 / Pid. b / 2005 / PN.Smg which uses Law No. 31/1999 jo. UU no. 20 of 2001 as a basis for conviction, in the judicial process it turned out that the elements of the articles charged by the Public Prosecutor were proven proven, but because the actions of Defendant I and Defendant II were carried out at the orders of their superiors, based on article 51 paragraph 1 of the Criminal Code, so that the actions of Defendant I and Defendant II cannot be held accountable by Defendant I and Defendant II because it is an act to carry out a position order given by his superior, namely the Mayor of Semarang and was decided to be released from the lawsuit. Against the decision to release based on the District Court Decision No. 942 / Pid. B / 2005 / PN.Smg Jo. Cassation Decision No.898 K / Pid.Sus / 2008 which decided that Defendants I and II were to be freed from all legal charges, so based on article 67 of the Criminal Procedure Code a decision to release all lawsuits could only be legal remedies through cassation. Keywords : Corruption, Legal Efforts, Release Decision.
KEBIJAKAN PENGELOLAAN RETRIBUSI DAERAH OLEH PEMERINTAH KOTA SEMARANG TERHADAP PENEMPATAN PEDAGANG PASAR PETERONGAN. Ilham Mohammad Ikhsan, Muzayanah
Jurnal Ilmiah Dinamika Hukum Vol 20 No 2 (2019): Vol. 20 No. 2 Edisi Agustus 2019
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v23i2.8264

Abstract

The authority of the Government in collecting taxes and levies from the community and renovating it is not only owned by the Central Government but also falls under the authority of the City Government and Provincial Governments. This is in accordance with the principles of decentralization and the implementation of regional autonomy based on Law Number 32 of 2004 concerning Regional Government, Law Number 33 of 2004 concerning Financial Balance Between Central and Regional Governments, and Law Number 28 of 2009 concerning Regional Taxes and Retribution Regions, Semarang City Regulation Number 9 of 2013 concerning Traditional Market Settings. In the context of managing the market environment in the form of legal services to the community in the market environment, especially traders, the Semarang City Government has issued Regional Regulation Number 4 of 2004 concerning Market Levies. This study raises the problems, namely: 1) How is the management of regional levies by the Semarang City government, 2) What is the Semarang City policy towards the renovation of the Peterongan Market, 3) What is the Semarang City policy towards the regulation of the Semarang City Peterongan market trader after renovation. The purpose of writing this thesis is 1) To know and explain the management of local levies by the Semarang City Government, 2) To find out and explain Semarang City policies towards the renovation of Peterongan Market, 3) To find out and explain the arrangements for the Peterongan market traders in Semarang City after renovation. This research is a qualitative study with a normative juridical approach to determine the realization of the implementation of Semarang City Regional Regulation Number 4 of 2004 concerning Market Levies and Semarang City Regional Regulation Number 9 of 2013 concerning Traditional Market Regulations for market traders. This research was conducted in Peterongan Market, Semarang City, located on Jalan MT. Haryono. The results showed that the Semarang City Government towards market traders was in accordance with the Semarang City Regional Regulation Number 4 of 2004 concerning Market Charges and Semarang City Regional Regulation Number 9 of 2013 concerning Traditional Market Regulations, with several things that are still a note to the Semarang City government for pay more attention to sustainability for the welfare of traditional market traders, physical conditions and market environment. Keywords : Policy, Traditional Market Management
PEMENUHAN HAK ATAS BANTUAN HUKUM DALAM PERKARA PIDANA BAGI MASYARAKAT MISKIN KOTA SEMARANG Pratiwa Eka Chundhamani
Jurnal Ilmiah Dinamika Hukum Vol 20 No 2 (2019): Vol. 20 No. 2 Edisi Agustus 2019
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v23i2.8265

Abstract

The provision of legal aid to the poor is an effort to fulfill and simultaneously implement a rule of law that recognizes and protects and guarantees the human rights of citizens regarding the need for access to justice and equality before the law. The purpose of writing this thesis is to explain the mechanism for providing criminal legal aid for the poor in Semarang City, the fulfillment of the right to criminal legal aid for the poor, and the inhibiting factors for fulfilling the right to criminal legal aid for the poor in Semarang City. The approach method used is juridical normative, descriptive analytical research specifications. The data source used is secondary data. The data collection method used is literature study. This research is presented in the form of a report which is described induction through qualitative data analysis. The results showed that the mechanism of providing criminal legal assistance to the poor in Semarang City was in accordance with the provisions of Law Number 11 of 2016 concerning Legal Aid, Semarang City Regulation Number 1 of 2016 concerning Implementation of Legal Aid and Regulation of the Mayor of Semarang Number 131 of 2016 concerning Guidelines for the Implementation of Semarang City Regional Regulation Number 1 of 2016 concerning the Implementation of Legal Aid. The fulfillment of the right to criminal legal aid for the people of Semarang city so far the fulfillment of the right to legal aid in criminal cases against the urban poor has not been maximized because it has not been felt by all levels of society, especially the poor who do not know about the existence of free legal assistance, besides that it is also constrained by budget constraints. The factors inhibiting the fulfillment of the right to criminal legal aid for the people of Semarang City are funding factors, law enforcement factors and community factors. Keywords : legal aid, criminal cases, poor people
TINJAUAN HUKUM PENDAFTARAN TANAH SECARA SISTEMATIS MELALUI AJUDIKASI BERDASARKAN PP NO. 24 TAHUN 1997 Raras Laila Yustinov, Fitika Andraini
Jurnal Ilmiah Dinamika Hukum Vol 20 No 2 (2019): Vol. 20 No. 2 Edisi Agustus 2019
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v23i2.8266

Abstract

The need for land continues to increase so that it often causes very complex problems. To deal with these land issues, the government issued Law no. 5 of 1960 concerning Basic Agrarian Principles which later became known as the UUPA, the birth of the UUPA was a new milestone for this nation in land law. In line with that, the government then issued government regulation No. 24 of 1997 concerning land registration which reaffirmed the importance of the community registering their land, land registration functions to find out the status of the land parcels, who owns it, what rights are it, how much area, what is it used for. The importance of systematic, good and correct land registration through adjudication aims to reduce problems that arise with regard to land. The research method used by the writer is a juridical empirical approach with the intention of proving or testing to ensure the truth and rationalizing it through the results of research and experiences that have been found in everyday life. The results of the research found that more people register their land in a sporadic manner, because the community considers that systematic land registration does not necessarily occur every year, even though it is expensive for the community to register their land in order to obtain the rights to the land they own. Keywords: PP No. 24 of 1997, land registration, adjudication

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