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INDONESIA
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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PERLINDUNGAN KONSUMEN TERHADAP PRODUK KOSMETIK YANG TIDAK TERDAFTAR IZIN EDARNYA DI BPOM SEMARANG Mufidatul Khasanah; Adi Suliantoro
Jurnal Ilmiah Dinamika Hukum Vol 21 No 2 (2020): Vol. 21 No. 2 Edisi Agustus 2020
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v25i2.8329

Abstract

The purpose of this study is to determine the protection of consumers who use cosmetics that are not registered with the BPOM, the legal consequences for cosmetic business actors who do not register their product distribution permits with BPOM and the solution. The research method used was normative juridical, with a descriptive analytical research specification. Obtaining data using secondary data through library research and interview techniques as a complement to secondary data which is then analyzed using descriptive qualitative methods. From the research results, it is concluded that the legal consequences for cosmetic business actors who do not register their product distribution permits with BPOM are administrative sanctions and criminal sanctions in accordance with Articles 45, articles 60 and 62 of the Consumer Protection Law Number 8 of 1999, Article 47 Paragraph (2) Regulation of the Food and Drug Supervisory Agency Number 12 of 2020, Article 20 of Minister of Health Regulation Number 1175 / Menkes / Per / XII / 2010 concerning Cosmetic Notifications, Articles 98, 106, 196 and 197, UUN Number 36 of 2009 concerning Health. The solution to this problem is that before distributing the cosmetic products it produces, business actors are required to register their products with BPOM in advance, so that there are no complaints, lawsuits and even criminal sanctions. Keywords: Consumer Protection, Cosmetics, Distribution license, BPOM
AKIBAT HUKUM PENGUNDUHAN KARYA CIPTA FOTOGRAFI DALAM MEDIA SOSIAL INSTAGRAM DAN PERLINDUNGANNYA Shabilla Nur Aisyah
Jurnal Ilmiah Dinamika Hukum Vol 21 No 2 (2020): Vol. 21 No. 2 Edisi Agustus 2020
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v25i2.8330

Abstract

Photography copyright works in Istagram are regulated in Article 40 paragraph (1) letter k of Law number 28 of 2014 concerning Copyright. The background of this research is that the public does not understand the element of copyright protection in every photographic work uploaded on Instagram social media. When someone downloads a photographic work without the permission of the owner of the work, even though this has often been done, from a legal standpoint there will be legal consequences and even lead to sanctions. The problem is whether the state provides protection for photographic copyrighted works and what are the legal consequences if the download is done without permission. The method used in this research is normative juridical, namely research based on secondary data, which is then analyzed qualitatively and presented in a qualitative form.The results show that the state has protected photographic copyright works, through Article 1365 jo 1367 KIHPer, Article 25 of Law No. 19 of 2016 concerning Electronic Information and Transactions, Article 40 paragraph (1) letter k and Article 59 of Law No. 28 of 2014 concerning Copyright and Joint Regulations of the Minister of Law and Human Rights and the Minister of Communication and Information Technology No. 14 of 2015 and No. 26 of 2015. The legal consequence is that if a person makes a download without permission, under Article 113 of the Copyright Law, he can be sentenced to a maximum of 4 years in prison and / or a maximum fine of 1 Billion, based on Article 48 of the ITE Law, imprisonment of 8 - 9 years and / or 2 M. Keywords: Legal Protection, Copyright, Photography, Social Media
KEBIJAKAN HUKUM PIDANA TERHADAP PELAKU PERUNDUNGAN (BULLYING) ANAK DIBAWAH UMUR Siti Iba Iga Farida; Rochmani Rochmani
Jurnal Ilmiah Dinamika Hukum Vol 21 No 2 (2020): Vol. 21 No. 2 Edisi Agustus 2020
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v25i2.8331

Abstract

The biggest problem for children who are faced with the law is because of Law no. 3 of 1997 regarding Juvenile Court is no longer relevant, both from the juridical, philosophical and sociological aspects. This law does not provide the right solution for the handling of children as children in conflict with the law. Children who are in conflict with the law that is resolved in court, result in mental and psychological pressure on the child who is in conflict with the law, thus disturbing the child's development and development. Thus, there is a need for a criminal law policy in handling bullying. The research method used in this research is juridical empirical by looking at the facts that exist in practice in the field. The research objective is to explain policies in law enforcement against child bullies. Settlement of the criminal law for bullying offenders against student victims of violence at school has not been going well because bullying has not been regulated in a law that specifically regulates it. Keywords : children, underage, criminal law, policy, bullying.
Pendaftaran Tanah Sistematis Lengkap, Efektifkah? Auliah Ambarwati
Jurnal Ilmiah Dinamika Hukum Vol 22 No 1 (2021): Vol. 22 No. 1 Edisi April 2021
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v22i1.8382

Abstract

The purpose of this study is to analyze the extent of the application of the land registration process and the factors that influence the application of land registration. This research method uses an empirical normative approach supported by a case approach. The results showed that in the implementation of complete systematic land registration so far is still not effective, in terms of technical and administrative where there are still many errors found on the picture or map on the citizen's certificate either switched or wrong on size. Then the factors that affect the complete systematic land registration are the Procedure and Mechanism Factors as well as the Resource Factors of the Implementing Officer. Keywords: Effectiveness, Procedure, Land Registration
PENYELESAIAN KREDIT MACET PT. BPR ARTO MORO SEMARANG MELALUI EKSEKUSI HAK TANGGUNGAN Fandil, Fandil; Fitika Andraini
Jurnal Ilmiah Dinamika Hukum Vol 22 No 1 (2021): Vol. 22 No. 1 Edisi April 2021
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v22i1.8433

Abstract

The provision of credit / loans by credit-giving institutions, both banks and other financial institutions, is intended as an effort to make a profit, so the lending institution views credit / loans as a reliable source of income or profit. In connection with the issue of credit / loan provision, credit institutions such as PT. BPR Arto Moro Semarang as the party that lends money (creditors) needs to get a guarantee as a condition for the loan that the debtor will receive on condition that he gives interest when repaying the loan. In practice, the obstacles that PT. BPR Arto Moro Semarang, especially for debtors with guarantees by using the Deed of Providing Mortgage Rights (APHT) which is registered with the National Land Agency (BPN), if the credit is jammed and failed to promise, the bank will take the final step in accordance with applicable law, namely implementing execution of mortgage rights through the Office of State Wealth and Auction Services (KPKNL) or through the District Court (PN). The type of research used in this research is normative juridical. Juridical research, is used, among other things, to analyze various legal theories and laws and regulations related to the juridical review of the accounts payable agreement as a principal agreement with guarantees of insurance rights at PT. BPR Arto Moro Semarang. Juridical means that this research emphasizes the science of law. Meanwhile, normative is this research that examines the rules that apply in society. Thus normative juridical is an approach to the study of legal problems from the aspect of applicable legal regulations. The results of this study are: the settlement of bad credit tied to mortgage rights at PT. BPR Arto Moro Semarang after performing credit rescue through 3R (rechedulling, restructuring and reconditioning). Before the execution of mortgage rights is carried out, non-litigation measures by way of selling collateral based on mutual agreement based on paragraph (2) article 20 of the Mortgage Rights Law. During 2018 to 2020 Mortgage Execution can contribute to the settlement of non-performing loans as much as 45% or Rp. 15,731,212,000, - from an amount of Rp. 34,964,970,686, -. Meanwhile, the occurrence of bad credit is due to internal factors: a. Loans not fully channeled for business, b. Business management skills are still lacking, c. Very tight business competition. External factors are due to unstable economic conditions, which consequently have an impact on the ability of customers to pay off their debts. Keywords : Bad credit, collateral, execution, and mortgage.
Perlindungan Hukum Terhadap Masyarakat dari Konsumsi Obat Mengandung NDMA di Kota Semarang Rakasyiwa Rewangga Sukma; Adi Suliantoro
Jurnal Ilmiah Dinamika Hukum Vol 22 No 1 (2021): Vol. 22 No. 1 Edisi April 2021
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v22i1.8434

Abstract

September 13, 2019, the US Food and Drug Administration (FDA) and the European Medicine Agency (EMA) issued a warning through the official FDA website, that contaminants were found that were thought to trigger cancer. It is known that the contamination is an impurity or nitrosamine compound or commonly called N-Nitrosodimethylamine (NDMA) which is included in chemical contamination originating from chemical elements or compounds that can endanger human health. Symptoms that appear are the skin and the whites of the eyes turning yellow, fatigue, darker urine, and abdominal pain. Based on this, there is a problem that needs to be analyzed, namely how the law protects consumers from consuming these materials, especially in the city of Semarang, are there any obstacles in the effort to protect consumers from consuming drugs containing NDMA. The methodology used in this research is juridical normative with secondary data, which is analyzed by analytical descriptive. The results of the analysis, it is known that the state through various provisions has protected consumers from consuming hazardous materials, including those in Article 8 "Regarding actions that are prohibited for business actors; Law Number 36 of 2009 concerning Health Articles 98, 99, 104 & 106 "Regarding the Security and Use of Pharmaceutical Preparations and Medical Devices" AND Regulation of the Minister of Health of the Republic of Indonesia 101 / MENKES / PER / XI / 2008 concerning Drug Registration. That in this protection effort, the government c.q BPOM is experiencing internal and external obstacles. Internal constraints, namely limited human resources and still low external business actors to meet the requirements for good production methods, with relatively low legal sanctions. Keywords: Consumer Protection, NDMA Drugs, BPOM
PEMBERIAN HAK ASIMILASI KEPADA NARAPIDANA DI LEMBAGA PEMASYARAKATAN KELAS I KEDUNGPANE SEMARANG Abdul Nasir; Safik Faozi
Jurnal Ilmiah Dinamika Hukum Vol 22 No 1 (2021): Vol. 22 No. 1 Edisi April 2021
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v22i1.8435

Abstract

This assimilation can be a measure of success carried out by the correctional institution, because it is a process of increasing coaching based on the evaluation of previous coaching programs and has gone through certain assessments and has met the requirements set by the Correctional Team. The author is interested in the problem of assimilation guidance for prisoners at the Kedungpane Class I Prison in Semarang and the obstacles in the assimilation guidance program for inmates. This study uses a juridical empirical or sociological juridical approach. The results of the research and discussion are that assimilation is carried out for the development of prisoners in socializing in the community. In addition, Assimilation is also carried out in the context of tackling the Spread of Covid-19 that is currently hitting Indonesia. The obstacle in fostering the assimilation of prisoners is the lack of socialization to the community so that there are no third parties or people who are willing to accept and employ prisoners in the process of returning to society in a positive way. Keywords : assimilation, Correctional Institution, convict .
Penelantaran Istri oleh Suami Merupakan Tindak Pidana Mega Rachmasari Ristian Yunantika; Rochmani Rochmani
Jurnal Ilmiah Dinamika Hukum Vol 22 No 1 (2021): Vol. 22 No. 1 Edisi April 2021
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v22i1.8436

Abstract

The harmony and integrity of the household can be disturbed if behavior and self-control cannot be controlled, the bad result is negative behavior, namely anger and quarrels which can lead to acts of domestic violence. Likewise, neglect of the household is not a new thing, because the fact is that it often occurs in the reality of society. This study aims to explain the factors that cause household neglect, to explain the legal consequences for the husband who has neglected his wife, and, to explain the efforts that must be made to prevent neglect in the household again. The method used in this research is a normative juridical approach and a descriptive analytical research specification, data collection using techniques such as literature study, interviews, and documentation. The data source that has been used is secondary data. The results of this research indicate the factors that cause household neglect are; do not provide a living, make dependence; the existence of a patriarchal culture in society; low education and knowledge of women as wives. The provisions of the Marriage Law stipulate that the husband must be responsible, if it is violated then legal sanctions will apply. In cases of household neglect, a solution is usually found not to be penalized and not to be fined. Efforts that must be made so that household neglect does not occur again is by car; there must be awareness, there needs to be religious guidance, it is not enough to just provide material but cannot educate his wife well, there must be mental development because a husband to become a leader must be able to lead his wife to a better direction. Legal consequences / sanctions for a husband who has neglected his wife can be punished with a maximum imprisonment of three years or a maximum fine of Rp. 15 million based on articles 49 and 50 of Law no. 23 of 2004 concerning PKDRT. Efforts that must be made so that neglect of the household does not occur again is by means of citizen awareness that neglect is a criminal act, so that law enforcement must continue so that people understand that neglect is a criminal act, from the aspect of marriage there must be socialization from the general public . Keywords: neglect, wife, violence, household, criminal.
PENYEBARAN NARKOTIKA DI WILAYAH HUKUM SEMARANG BARAT DALAM PERSPEKTIF KRIMINOLOGI Nanda Rizky Setyowati
Jurnal Ilmiah Dinamika Hukum Vol 22 No 1 (2021): Vol. 22 No. 1 Edisi April 2021
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v22i1.8437

Abstract

The spread of narcotics in Semarang City in 2019-2020 is possible to increase, especially in the West Semarang area. It was proven that in 2017 it was revealed 198 cases then in 2018 it became 287 cases. The author is interested in examining the factors that influence the spread of narcotics in the West Semarang area and the public reaction to the spread of narcotics in the West Semarang area. Research in this writing uses Sociological Juridical type with descriptive-analytical research specifications through primary and secondary data sources. Based on the results of the study, the factors that influence the spread of narcotics in the West Semarang area can be divided into two major factors, namely internal factors and external factors which can be analyzed using the analysis of Criminal Sociology Theory such as Ecological Theory, Cultural Conflict Theory, Economic Theory, Differential Association Theory. ), and Anomic Theory, while the public reaction regarding the distribution of narcotics can be seen from two views, namely from the community and law enforcement officials. Keywords : Criminological Theory; Spread; Narcotics.
AKTA PERDAMAIAN PERKARA WANPRESTASI YANG BERKEKUATAN HUKUM Ariska Sri Mulyanti; Adi Suliantoro
Jurnal Ilmiah Dinamika Hukum Vol 22 No 2 (2021): Vol. 22 No. 2 Edisi Agustus 2021
Publisher : Fakultas Hukum Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v22i2.8712

Abstract

One of the problems that often arise in an agreement is default, which can result in the creditor experiencing losses due to the debtor being in default. . In the first trial, the judge usually offers a peace deed. When agreed by the parties, a Deed of Peace is issued by the court. The judge's decision of peace deed has binding power for litigants and there is legal certainty and has executive power, namely the power to carry out what is stipulated in the decision by force by state instruments. Likewise with the decision of the District Court No. 29/Pdt.G.S/2019/PN.Unr. The problem is whether the decision number 29/Pdt.G.S/2019/PN.Unr can be appealed or cassed, how will it be resolved if the defendant in the peace deed does not comply with the contents of the deed. This research uses a normative juridical research type, which is carried out by studying legislation, theories and concepts related to the problems to be studied. From the results of the analysis, it is concluded that the legal force of the peace deed is regulated in Article 1858 of the Civil Code and Article 130 paragraphs (2) and (3) of the HIR. This Peace Deed is essentially irrevocable. Cancellation of the Peace Deed may be requested, if its contents are contrary to the law. The legal basis for the Supreme Court Decision Number 454 K/Pdt/1991. The Plaintiff and the Defendant must comply with the contents of the Deed of Reconciliation, because it is a mutual agreement. The Deed of Peace cannot be appealed or appealed. The legal basis is Article 130 paragraph (2) of HIR. If the defendant does not comply with the decision of the Peace Deed, it can be executed by force through the court. The basis (Article 196 (HIR) and Article 207 Rechtreglement voor de Buitengewesten (RBG). Keywords: Peace, the Power of Law, HIR and RBG

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