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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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PERANAN KANTOR JASA SURVEYOR KADASTER BERLISENSI (KJSKB) DALAM PELAKSANAAN PENDAFTARAN TANAH SISTEMATIS LENGKAP (Studi Kasus di Kantor Pertanahan Kabupaten Karanganyar) ZAENURI, ACHMAD
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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The objectives of this study are: to examine the existence of Licensed Cadastre Surveyor Service Office (KJSKB) on the implementation of Complete Systematic Registration in Karanganyar Regency to find out KJSKB's legal authority in PTSL implementation in Karanganyar Regency. The approach method used in this study is juridical normative. The nature of the research used in this study is descriptive analytical. The results of the study show that the role of Licensed Cadastre Surveyor Service Office (KJSKB) in the implementation of Complete Systematic Land Registration in Karanganyar in the field of surveying, measuring and mapping land was not optimal yet. The survey, measurement and mapping activities which are carried out by KJSKB include: Planning, Making Working Maps, Measuring and Determining the Limits of Land Plots, Making Measuring Images, Mapping Fields of Lands, Cluster Identification 4, Printing Field Maps and Reporting. Lessoptimal planning causes longer work completion times. It impacts on the next stage. Ignoring local wisdom impacts on non-optimal of obtaining data. Making Nonstandard Measuring Images results in the rejection of the quality control process by the BPN Team. The measuring staff experience that is lacking in field mastery also has an impact on less than optimal results. The KJSKB legal authority in the implementation of PTSL in Karanganyar Regency is related to the work of land registration is the data of the size of the field, Measure Image, Map of Land Affairs, and the results of services or other survey and mapping activities in accordance with the provisions of legislation. Systematic Land Registration Complete in principle to map and register land in full. The limitation of KJSKB's authority in accessing KKP application data has an impact on the results of work that is not optimal. In planning and making work maps are not given maximum access. The authority to sign the Letter of Measure is still the domain or authority of the deputy chairperson of the physical task force Keywords: licensed cadastral surveyor, systematic land registration, delegation of authority.
KAJIAN YURIDIS TERHADAP UNSUR KEALPAAN DALAM PASAL 310 AYAT (4) UNDANG-UNDANG NO. 22 TAHUN 2009 TENTANG LALU-LINTAS DAN ANGKUTAN JALAN PADA TINGKAT PENYIDIKAN DI POLRES WONOGIRI HARTA, AD BANK
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The purpose of this study is to examine the disclosure of elements of negligence in the crime of traffic accidents and assess the obstacles at the investigation level, especially at the Polres Wonogiri. The background of the research is that the element of neglect in the crime of a traffic accident is a very important element. Disclosure of elements of negligence requires adequate knowledge and understanding from the investigator. The element of negligence is an essential element in the formulation of criminal acts of traffic accidents. Therefore this study will examine how investigators uncover elements of negligence in criminal acts of traffic accidents. The research method consists of the type of research is normative juridical which is equipped with empirical data through observation. The nature of the research is descriptive. The research material consists of primary legal material, namely Law No. 8 of 1981 concerning the Criminal Procedure Code, Law No. 22 of 2009 concerning Road Traffic and Transportation, REGULATION OF KAPOLRI No. 15 of 2013 concerning Procedures for Handling Traffic Accidents. Secondary Legal Materials consist of Government Regulation No. 27 of 1983, Resume of Cases of Traffic Accident Crimes. The tertiary legal material is the Law Dictionary. The method of data collection is done by literature study and observation. The method of data analysis is done qualitatively. Research Results are elements of negligence in the crime of traffic accidents since the investigation level must be proven by the investigator. Investigation efforts to uncover elements of negligence must be based on sufficient evidence such as testimony of witnesses, experts, letters, instructions and statements of the defendant. Constraints in the disclosure of elements of negligence in the crime of traffic accidents are evidence in the Case Event Place that has been damaged or lost. Witnesses who knew directly about the incident did not exist. Most people who gather at the Case Events are people who give help to victims. They are not people who know, hear and see directly the events. Another obstacle is the weather conditions such as rain, the state of the Case Event without lighting. Internal constraints are the number of Human Resources that still need to be improved both in quality and quantity. Keywords: Juridical Study, Elements of Forgiveness, Investigation, Traffic Accident Crimes, Wonogiri Police Station.
TINJAUAN YURIDIS LEMBAGA PRAPERADILAN PASCA PUTUSAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA NO. 21/PUU/-XII/2014 NUGROHO, ADIEK SETYO
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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The purpose of this study is to examine the pretrial authority after the Putusan Mahkamah Konstitusi No: 21/ PUU-XII / 2014 and analyze the juridical implications related to the proof system. The background of the problem is that after the Putusan Mahkamah Konstitusi No: 21 / PUU-XII / 2014, pretrial has the object of examination not only regarding the legitimacy of arrest and/or detention, but includes whether or not the determination of the suspect and whether or not searches and or seizures are valid. The research method includes the type of normative juridical research, the nature of descriptive research, the research material includes Undang- Undang No. 8 Tahun 1981 tentang Hukum Acara Pdana, Undang-Undang No. 48 Tahun 2009 tentang Kekuasaan Kehakiman, Peraturan Pemerintah No. 27 Tahun 1983 tentang Pelaksanaan Kitab Undang-Undang Hukum Acara Pidana, Putusan Mahkamah Konstitusi No. 21 / PUU / -XII / 2014. The results of the study that the pretrial authority according to Undang- Undang No.8 Tahun 1981 tentang Hukum Acara Pidana relating to forced efforts is to examine and decide on: legal or not arrest, legal or not detention. After the Putusan Mahkamah Konstitusi No. 21 / PUU-XII / 2014, the pretrial authority is added by examining the validity or non-determination of suspects, whether or not searches are valid, valid or not. Implication from the point of proof, in pretrial examinations must use material evidence. In making arrests, detention, the determination of suspects must have at least 2 (two) legal instruments that are lawful. The legal evidence is the testimony of witnesses, experts, letters, instructions, statements of the defendant. Keywords: Pretrial, Putusan Mahkamah Konstitusi No. 21 / PUU / -XII / 2014.
PELAKSANAAN PENDAFTARAN TANAH UNTUK PERTAMA KALI BERDASARKAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH (Studi Kasus di Kantor Pertanahan Kabupaten Magetan) PAMUJI, AGUS
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The purpose of this study is to: 1) Review and analyze the implementation of the land register for the first time with the Government Regulation Number 24 year 1997 regarding Land Registration in the Office of land Magetan. 2) review and analyze the obstacles that occur in the implementation of the land register for the first time based on the Government Regulation Number 24 year 1997 regarding Land Registration in the Office of land Magetan. The method of approach in writing this is the juridical sociological. The specification of this research uses descriptive analytic. Data source use the primary data and the data of skunder. Engineering data collection using the study interview, the library and study the documents. To analyze the data, the researchers used a qualitative descriptive methods of analysis. Based on the research results obtained conclusions that: 1) the procedures for the implementation of land registry are sporadic in Magetan Regency sudahsesuai with Government Regulation No. 24 Year 1997. However in practice the implementation of land registry in sporadic yet can increase the amount of land enrolled in Magetan. 2) land registry in sporadic Resistance in Magetan Regency caused by various factors that greatly affect i.e. lack of socialization about the benefits and the land registry, the data provided to the Office for petanahan Register of land does not correspond to the actual data, the number of communities that cannot afford the top large land registration fees, as well as the assumption that the community needed a long time in maintaining the certificate. To overcome the obstacles in the land registry are sporadic in Magetan Regency, such efforts can provide socialization about the benefits of and procedures for the registration of land as a regular activity in the Office of land Office, Magetan The defense is more selective in doing pengecekkan data-the data provided in the activity of the applicant's land registry. Keywords: Land Registration, First.
TINJAUAN YURIDIS PERKARA Iá¹ BAT NIKAH SECARA VOLUNTAIR DAN CONTENTIUS DI PENGADILAN AGAMA KEBUMEN MAHFUD, ALI
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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The results of the study show that there are only one-sided interests or voluntary claims or claims. Whereas in the claim or contention there is a dispute with another party / parties, which is a minimum of 2 parties. The voluntary lawsuit, there is only one party that submits or is absolutely one party (ex-parte). Whereas in contention there are parties or third parties involved with different interests. The voluntary lawsuit is processed simply and then given a determination. Whereas in the contention case, a contradiction is carried out, such as there are duplicates, and so on, in which each party has the right to be given their respective opportunities to make their own defense or defense in accordance with the established procedures, to produce a court decision. Juridical Review Used by Kebumen Religious Court Judges on the Determination / Decision of Marriage in Voluntary Dan Contentius, namely the basis of consideration of the Kebumen Religious Court in providing the marriage certificate, namely by looking at and examining the legal standing of the applicant to file a marriage certificate in a religious court and Fundamentum Petendi (posita) is the basis or proposition of a lawsuit that contains the events and legal relationship of marriage rights and the reason or purpose in filing a marriage certificate. In addition, the reason for submitting the marriage certificate at the Kebumen Religious Court is not limited to what is mentioned in article 7 paragraph (3) KHI, but also for the purposes of making a child birth certificate and other interests. Keywords: Juridical, Islamic, Voluntary, Contentius Review
PROSES PERALIHAN HAK ATAS TANAH MELALUI JUAL BELI DITINJAU DARI PERBEDAAN IDENTITAS PEMEGANG HAKDI KABUPATEN WONOGIRI CAHYONOWINAHYU, BUDI HARSOYO
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The purpose of this research is to know the process of registering the transfer of rights over land at the onogiri District Land Office if the identity of the holder of the land rights has a difference between what is written in the certificate of land rights and what is written on the identity card. faced by the Wonogiri Regency Land Office, and the solutions taken to deal with these problems. Legal research used is descriptive research and when viewed from its type, it includes empirical research using a qualitative approach. Research location in Wonogiri Regency. The types of data and data sources used are primary data and secondary data. The data collection technique used is library research both from books, legislation, documents, and so on, and through observation (interview) and interviews (interviews). Data analysis techniques use an interactive analysis model. The results of this research, first, the procedure for the transfer of land rights through buying and selling in Wonogiri Regency is in accordance with Government Regulation Number 24 of 1997 concerning Land Registration. The procedure for transferring land rights through buying and selling based on Government Regulation Number 24 of 1997 must fulfill formal material requirements and requirements. The material requirements cover the subject and object of the rights to be traded, while the formal terms of sale and purchase of land rights must be proven by a sale and purchase deed (AJB) made by or in the presence of a Land Deed Officer. Second, the constraints in the implementation of the transfer of land rights through buying and selling due to differences in the identity of rights holders include the culture of people who easily change names, require a relatively longer process due to additional requirements that must be fulfilled, namely by making a witness application by witnesses and known by the Village Head and the local Sub-District Head. Third, the solution is to provide clear criteria in a statutory regulation so that it does not cause a different understanding or meaning in determining the resolution of the problem of changing names. Keywords: Transition of Land Rights; Buy and sell of Land; Change name.
KEBIJAKAN PENEGAKAN HUKUM PIDANA TERHADAP PELANGGARAN PASAL 310 AYAT 1 UU NO. 22 TAHUN 2009 TENTANG LALU-LINTAS DAN ANGKUTAN JALAN DI WILAYAH HUKUM POLRES SRAGEN PUTRA, DANI PERMANA
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The purpose of this study: First, reviewing criminal law policies contained in No.22 of 2009 concerning Road Traffic and Transportation. Second, reviewing the enforcement of criminal law against violations of Article 310 paragraph (1) No.22 of 2009 concerning Special Road Traffic and Transportation at Sragen Police Station. Research background that Law No. 22 of 2009 concerning Road Traffic and Transportation in which it contains criminal provisions intended for the purpose of the promulgation of the Law to be achieved. Criminal law policy in Law No. 22 of 2009 concerning Road Traffic and Transportation will be analyzed in terms of the subject of criminal acts, prohibited acts and policies regarding sanctions. The research method consists of the type of research is normative juridical. The nature of the research is descriptive. The research materials included Law No. 8 of 1981 concerning Criminal Procedure Law, Law No. 22 of 2009 concerning Road Traffic and Transportation, Traffic Accident Case Documents at Sragen Police Station, Indonesian Law Dictionary, Indonesian Dictionary. Data is collected through library studies and documents. The data analysis method used is a qualitative method of analysis. Research Results on Criminal Law Policy at the stage of formulation in Law No. 22 of 2009 concerning Road Traffic and Transportation, the results of the study are as follows: First, the formulation policy on the subject of criminal acts is formulated with the words, "every road operator", "every person", "every road user", "Transport Company General". Second, criminal law policies regarding "prohibited acts" are formulated in a variety of ways and divided into qualifications of violations or crimes. Third, criminal law policy regarding sanctions is alternative namely prison or fine, confinement or fine. There are also those which formulate cumulative alternative sanctions in the form of "imprisonment and or fines, imprisonment and or fines". The results of the study on applicative policies or criminal law enforcement policies obtained the following results: The handling of traffic accident cases by Sragen Police has been carried out according to the provisions of Law No. 22 of 2009 concerning Road Traffic and Transportation and Law No. 8 of 1981 concerning Criminal Procedure Law, Law concerning the National Police of the Republic of Indonesia. The three laws are used as the legal basis for enforcing the law against violations of Article 310 paragraph (1) of Law No. 22 of 2009 concerning Road Traffic and Transportation. The act of enforcing criminal law has been carried out in accordance with applicable regulations. The handling of alleged traffic accident cases has proven elements of Article 310 paragraph (1) Road Traffic and Transportation Law. The elements of the Article are: "everyone", "driving a motorized vehicle", "due to negligence", "causing a traffic accident", with damage to the vehicle and / or goods. Keywords: Criminal Law Policy, Law No. 22 of 2009 concerning Road Traffic and Transportation.
ANALISIS PENYELENGGARAAN SISTEM ADMINISTRASI BADAN HUKUM DALAM PERSPEKTIF UNDANG – UNDANG TIPIKOR ( SISMINBAKUM ) HARSONO, DANIEL KURNIAWAN
Dinamika Hukum Vol 10 No 1 (2019): DINAMIKA HUKUM
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Granting legal status of a Limited Liability Company must meet certain requirements ie after its founding deed approved by the Minister of Justice and Human Rights as provided for in Article 7 paragraph (4) of Law Number 40 Year 2007 regarding Limited Liability Company which states as follows: "The Company obtained legal status on the date of issuance of Ministerial Decree regarding the ratification of the Company's legal entity "How Implementation Certification Limited Company so as to obtain legal status? And if there are criminal acts of corruption in the administration of the registration Sisminbakum Company Limited. Since the Supreme Court decision was issued last year Romli the legal process Sisminbakum with suspected cases of former Minister of Justice and Human Rights Yusril Ihza Mahendra and businessman Hartono Tanoesoedibjo as if suspended. When the AGO never take a stand against the two suspects who declared the file is complete or the P21 and Decision cassation case Romli indeed indirectly related to the suspect that is the case Sisminbakum Yusril Ihza Mahendra and Htartono Tanoe, on a case Romli the AGO itself has 2 options namely Review filed (PK) or PK is not filed and will accept the decision of the appeal. Post Supreme Court decision that sentenced loose Romli Atmasasmita, AGO then do a special assessment against property docket Yusril and businessman Hartono special Tanoesoedibjo.Pengkajian is intended to help determine attitude towards the matter ini.Dimana AGO in the assessment, the decision of Cassation Romli also included in it. In its decision, the Supreme Court stated that there is no loss in case Sisminbakum ini.Dengan Thus, if the Attorney General decided to accept the decision Romli, then the case Yusril and Hartono Tanoe actually just waiting for the delegation to the court, threatened to be stopped. Approach the problem in this research is a normative juridical approach of legal research that uses secondary data sources. The object of this study in addition to the legal norms governing Sisminbakum, as well as its implementation in solving problems that arise by the presence of registrations through Sisminbakum. Sisminbakum is a system that has a high level of accuracy that ensures Decree issued in accordance with existing regulations.Sisminbakum database contains all the existing legal entity in Indonesia that can easily be accessed through computer networks. Transparency or openness Sisminbakum, see clearly the whole process of making the trip the establishment of the Decree Law. By using this Sisminbakum there are no obstacles in the practice of legalization of limited liability becomes a legal entity because this system has the function of control and good control, thus reducing the occurrence of human error because all the process automatically. Keyword : legalization of a limited company, SISMINBAKUM.
PELAKSANAAN PRINSIP MENGENAL NASABAH DALAM MENCEGAH TINDAK PIDANA PENCUCIAN UANG DI PT BANK MAYAPADA TBK SURAKARTA TOMIARSO, DODIE FAJAR
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The principle of knowing Know Your Customer Principle (KYCP) customers at PT. Bank Mayapada Tb Surakarta, simply by including name, address and no. telephone, but now it's not because every stamp filling transaction must be complete with ID / SIM number, occupation / business field, position, place of birth date, source of funds, transfer requirements and relationship with the recipient of the transfer. Filling out the data above is to fulfill the Know Your Customer Principles in accordance with Bank Indonesia Regulation Number 3/231 / PB17 / 2001 on December 13, 2001 which is an improvement and previous regulation, namely Bank Indonesia Regulation Number 3/10 / PBI / 2001 on June 18 2001 about the same thing. In 2004 it was the third year in applying this principle. In principle, this Regulation states that mandatory PJKs to apply the Customer Introduction Principle to know not only their identity but also include reporting suspicious transactions. Bank Indonesia is obliged to investigate the origin of its customers. The implementation of the principle of knowing your customers (know your customer principles) cleanses customer data, makes a report on the implementation of the principle of knowing customers every month, socializing the principle of knowing customers in all branches and all employees of PT. Bank Mayapada Tb Surakarta, verify customer data, monitor customer transactions, cooperate with law enforcement officials and report if there is a suspicious transaction at PT. Bank Mayapada Tb Surakarta. Keywords: Know Your Customer Principles, Prevention, Money Laundering Crimes
DIVERSI TERHADAP ANAK DALAM PERKARA TINDAK PIDANA OLEH UNIT PELAYANAN PEREMPUAN DAN ANAK POLRES BOYOLALI PURWADI, JOKO
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Diversion is the transfer of settlement of child cases from criminal justice processes to processes outside the court to protect children from the negative stigma of a long judicial process starting from investigation, prosecution and court examination. This study examines and analyzes the diversion process for children in criminal cases by the Unit The method used is empirical juridical research because this research is related and has a starting point on the aspects of positive law or current law, in the form of statutory provisions which are then related to practice in the field which is a social reality and behavior of the apparatus investigator in the implementation of diversion Keywords: Criminal Acting Children, Diversion, Women's and Children's Services Unit

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