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INDONESIA
Dinamika Hukum
Published by Universitas Slamet Riyadi
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 12 Documents
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Search results for , issue "Vol 10 No 2 (2019): DINAMIKA HUKUM" : 12 Documents clear
PERLINDUNGAN HUKUM TERKAIT PERBEDAAN LUAS FAKTUAL DALAM PENGUKURAN OLEH PETUGAS UKUR TERHADAP LUAS YANG TERCANTUM DI DALAM SERTIPIKAT HAK ATAS TANAH DI KANTOR PERTANAHAN KOTA SURAKARTA SISWANTO, AGUS
Dinamika Hukum Vol 10 No 2 (2019): DINAMIKA HUKUM
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The purpose of this article is intended to describe the procedures for measuring land parcels carried out by Land Office Measuring Officers along with their constraints, describing the factors that lead to the emergence of certificates of land rights which contain wide differences between factual conditions and the area listed in the certificate and analyze the construction of legal protection for measuring officers if they encounter cases of wide differences in accordance with the provisions. Certificate is the final result of all series of Land Registration activities. Land certificate is the strongest proof of proof for ownership of land rights in accordance with Article 19 Paragraph (2) letter c of Law Number 5 Year 1960 (UUPA) concerning Basic Agrarian Principles Regulations. Land certificates provide legal certainty both legal certainty regarding juridical data (subjects of land rights) and physical data (objects of land rights). Forms of legal certainty in juridical data include; status and legal basis to know and ascertain the basis of what land is acquired as well as Identity of rights holders, while guaranteeing the certainty of physical data includes certainty of location, boundaries, area, physical description of land and burden on land. But the reality now, many of which are found in the data in the certificate are different from the factual data in the field, especially the physical data of the land which is generally caused by the influence of the year or period of certificates and changes in the position of land boundaries whether intentional or not intentional change. This research method uses an empirical juridical approach that is to find theories about the process of occurrence and analyze / examine the workings of law in society. this approach to analyze the efforts of the Surakarta City Land Office in providing legal protection guarantees related to broad factual differences in measurement by officers measuring the area listed in the Certificate. In accordance with the explanation of Article 32 Paragraph (2) of Government Regulation Number 24/1997 above, the State does not fully guarantee the truth of the data contained in the Certificate so that if there is an error or non-conformity, corrections or corrections can be made as necessary in accordance with the applicable rules. Basing on the regulation that the measuring officer still gets legal protection related to the wide difference when the measuring officer is determined to carry out his duties in accordance with the prescribed rules. Keywords: Certificate; Physical Data; Area; Cadaster Surveyor; Legal protection
SURAT PERJANJIAN KONTRAK KERJA DAN PERATURAN REKTOR INSTITUT AGAMA ISLAM NEGERI SURAKARTA NOMOR 51 TAHUN 2014 TENTANG PEGAWAI KONTRAK IAIN SURAKARTA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA ARYANI, ARYANI
Dinamika Hukum Vol 10 No 2 (2019): DINAMIKA HUKUM
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The study aims to determine the legal position between the Employment Contract Agreement and The Rector of Surakarta State Islamic Institute Regulation Number 51 of 2014 concerning Contract Employees of IAIN Surakarta viewed from the perspective of Law Number 5 of 2014 concerning Civil Servants and their legal consequences. The review of synchronization law uses Stufenbau Theory (Theory of The Pyramid of Law) to find out wether the Rector’c Regulation on Contract Employees of IAIN Surakarta is in accordance with the Civil Servants Law or not. Meanwhile, the theory of the validity of the agreement is used to find out the legal consequences of the IAIN Surakarta’s Working Contract Agreement, as stipulated in the Article 1320 of the Civil Code. This research is descriptive analytical legal (doctrinal) research which describes the contents of the Work Contract and Regulatory Agreement of the Rector of the Surakarta State Islamic Institute Number 51 of 2014 concerning IAIN Contract Employees. Furthermore, it reviews the level off synchronization with the Civil Servants Law using secondary data which is strengthened by primary legal materials in the form of other relevant laws and regulations. The results show that there are many statements in the Work Contract and Regulations of the Rector of the Surakarta State Islamic Institute Number 51 of 2014 concerning Surakarta IAIN Contract Employees which are not in accordance with the regulation of the Civil Sevants Law. Whereas, the Contract of Work Agreement does not meet the legal requirements of the agreement. The inconsistency of the provisions of the Civil Sevants Law brings legal consequences, namely the Rector Regulation of the Surakarta State Islamic Institute Number 51 of 2014 concerning Contract Employees of IAIN Surakarta must be revised. Then, by not fulfilling the legal objective conditions of the agreement, the Letter of Agreement of Work Contract is null and void, deemed that there is considered that was never any agreement . Keywords: Contract Employees, Agreements, Civil Servants Law
PELAKSANAAN PERLINDUNGAN HUKUM TERHADAP KEPENTINGAN ATAS TANAH YANG DIMOHON BLOKIR MENURUT PERMEN NOMOR 13 TAHUN 2017 TENTANG TATACARA BLOKIR DAN SITA DI BPN KABUPATEN BOYOLALI IRIANTO, EKO BUDI
Dinamika Hukum Vol 10 No 2 (2019): DINAMIKA HUKUM
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The results showed the implementation of legal protection against the interests of the land requested for blocking according to Permen No. 13 of 2017 concerning the Procedure for Blocking and Sita in the BPN of Boyolali Regency, that the party must make a request for registration of the block by specifying as clearly as possible and the willingness to be examined for blocking that is. Some other requirements include: filling out the application form, including a photocopy of identity or power along with the original power of attorney, including a photocopy of the legal establishment deed, information about the name of the right holder, number, area and location of the land requested for blocking, proof of payment of state revenue not tax regarding registration of blocking, and proof of legal relationship between the applicant and the land. Blocking applicants can submit a request letter along with the conditions to the land office office counter. Furthermore, file checking will also be done. If the officer assesses that there is a lack of equipment, the file will be returned to the applicant. Constraints from the blocking applicants and constraints from the internal BPN Office of Boyolali Regency. The constraints of the blocking applicants are the large number of blocking applicants who do not understand the requirements for filing requests for blocking in the BPN Office of Boyolali Regency and on what land status can be blocked. Keywords: Protection, Law, Land Rights, Block
IMPLEMENTASI KEBIJAKAN PENYALURAN HIBAH DAN BANTUAN SOSIAL PADA BAGIAN ADMINISTRASI KESEJAHTERAAN RAKYAT DAN KEMASYARAKATAN DAERAH KABUPATEN PONOROGO JAWA TIMUR ERVIANA, NORA
Dinamika Hukum Vol 10 No 2 (2019): DINAMIKA HUKUM
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The distribution of grants and community social stones is in accordance with the applicable procedures and provisions, but in the field there are several proposals that come in and receive instructions from the Regent to be assisted, so the solution is disbursed through direct shopping. Dissemination of grant programs and social assistance is still not optimal, there is still overlap in the distribution of aid, designated organizations have less role in carrying out their duties, there is still nepotism in the provision of grants and social assistance. A prospect appeared that was not verified by the relevant institution, many beneficiaries did not verify the data. Keywords: Implementation, Grant Distribution Policy and Social Assistance
PELAKSANAAN PENERTIBAN TANAH TERLANTAR BERDASARKAN PERATURAN PEMERINTAH NOMOR 11 TAHUN 2010 TENTANG PENERTIBAN DAN PENDAYAGUNAAN TANAH TERLANTAR (Studi Kasus di Kabupaten Sragen) PRIHARTINI, PRIHARTINI
Dinamika Hukum Vol 10 No 2 (2019): DINAMIKA HUKUM
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The purpose of this study is to: 1) Review and analyze the implementation of curbing wastelands based on Government Regulation number 11 Year 2010 About Curbing and utilization of Wastelands in Sragen Regency. 2) review and analyze the barriers and solutions in the implementation of curbing wastelands based on Government Regulation number 11 Year 2010 About Curbing and utilization of Wastelands in Sragen Regency. 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 second. 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. The research results obtained the conclusion that the process of land reform they abandoned in Sragen is done through the following stages: (1) the determination of the object of wastelands, (2) identification and research, (3) a hearing Committee C, (4) Warning (I, II, III), and (5). Monitoring and evaluation on final warning (I, II, II).. The constraints on the face in law enforcement they would ground displaced in the Sragen Regency is as follows: (1) at the time of the hearing Committee C was not attended by the owner/holder of the right, (2) the sectoral Committee members Ego C in taking a stance, the Act of settlement, and the final decision. Problem resolution efforts undertaken in addressing constraints arising in the implementation of law enforcement they would ground displaced in Sragen Regency, namely (1) persuasive approach to holders in order to immediately implement the development in accordance with the circumstances or the nature and purpose of the grant of the right, (2) approaches the talks to members of the Committee C in order to recommend to the team to make way for Sragen permissions permissions required, members The Committee closed hearing without C attended by Holders so that the recommendations of the Committee C is based on the real conditions in the field. Keywords: Action, Wastelands.
PERAN AKUNTAN PUBLIK DALAM PENGUNGKAPAN TINDAK PIDANA DI BIDANG KEUANGAN WAHYUDI, RACHMAD
Dinamika Hukum Vol 10 No 2 (2019): DINAMIKA HUKUM
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The Public Accountant profession as a supporting profession in the disclosure of criminal acts in the financial sector is required to constantly improve competence and professionalism in order to meet the needs of service users (users) in carrying out public trust. The thing that needs to be mapped is the first to what extent a Public Accountant can play a role in disclosing criminal acts in the financial sector, second, in what scope of the role is carried out, third, how is the process to be effective and efficient. The research method is done with a sociological empirical juridical approach so that a clear and complete picture can be obtained about the ins and outs of the investigation carried out by a Public Accountant, the collected data is analyzed qualitatively and described exploratively. The results of the study found that the role of public accountants is very strategic as identified in 20 provisions at the level of the Act (Law), and can play a role in the scope of the private (private) financial sector and the state finance sector. Based on the primary data compilation, it is found that the investigation process can take place effectively and efficiently when using management norms and practices based on the preparation, planning, implementation and reporting of investigations. Keywords: Public Accountant, Investigation, Financial Crime
KEBIJAKAN FORMULASI TERHADAP TINDAK PIDANA PENGGUNAAN NARKOTIKA BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA SUBAGIO, SUGENG
Dinamika Hukum Vol 10 No 2 (2019): DINAMIKA HUKUM
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The purpose of this study is to determine the policy formulation of criminal sanctions according to the narcotics law against narcotics offenders at present and in the future. In addition, to find out the Implementation of Positive Criminal Law in the Criminal Justice System Against Narcotics Abuse. Research background that trafficking or trafficking of narcotics was considered as one of the serious crimes in the international world, not least in Indonesia. As a form of Indonesia's commitment to take an active role and encourage world initiatives in combating narcotics abuse. One of the rational efforts used to tackle narcotics crime is the approach of criminal law policy. The research method used is normative juridical, namely by studying or analyzing secondary data. So this research is understood as library research. The results showed that the regulation of narcotics crimes was regulated in Law No. 35 of 2009 concerning Narcotics. However, the policy formulation of legislation has several weaknesses. The existing system of rehabilitation of narcotics addicts in Indonesia has not yet implemented the idea / balance idea as basic values in Indonesian society. The current system of narcotics addict rehabilitation policies only prioritizes the protection of the interests of the community which is a reflection of the crime as a means to prevent crime. While the protection of individuals (perpetrators of crime) received less attention. The Implementation of Positive Criminal Law in the Criminal Justice System Against Narcotics Abuse is currently contained in Article 21 of the Criminal Procedure Code and Article 127 paragraph (1) letter a of Law No. 35 of 2009 concerning Narcotics. It is understandable that detainees or defendants of class I narcotics abuse crimes cannot be detained because they do not meet normative requirements, even though in the initial handling process, they are investigations and investigations. The detention is important, but the impact of the implementation of the two articles in order to use and promote the principle of legality is not in accordance with what is expected due to the loss of the suspect's trace, namely escaping along with the loss of evidence and resulting in the process of handling the narcotics suspects. Keywords: Formulation Policy, Narcotics Abuse, Law of the Republic of Indonesia Number 35 Year 2009 Regarding Narcotics
KEPASTIAN HUKUM HAK GUNA BANGUNAN DI ATAS HAK PENGELOLAAN PEMERINTAH KABUPATEN KLATEN SULISTIYONO, SULISTIYONO
Dinamika Hukum Vol 10 No 2 (2019): DINAMIKA HUKUM
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The results of the study show that the legal certainty of building rights over the management rights of the Klaten Regency Government, namely the Land of Land Use Rights on the land of Management Rights which are controlled by the Regional Government of Klaten Regency Right to Build according to the Minister of Home Affairs Decree Number: 511.2-1106 concerning Endorsement Decree of the Head of the Level II Regional Head of Klaten Number: 051/1493/1991 concerning the Cooperation Agreement for the Place of Business in the Construction of the All-Terrain (Plasa) Court of Klaten. And Addendum to Collaborative Agreement for Businesses in the Framework of Construction of the Klaten Multipurpose Base (Plaza) for 25 years ending on April 22, 2018, Building Utilization Rights on Management Rights also become deleted because the Regional Government of Klaten Regency in its Cooperation Agreement does not give space to third parties to extend or renew their rights. Authority of the Right to Build Building Rights on Klaten Regency Government Management Rights that HGB holders who no longer fulfill the conditions as mentioned above, within one year must release or transfer their rights to other parties who fulfill the requirements, if not implemented, the HGB delete because of law. The authority of building usufructuary rights over the management rights of Klaten district government is the period, extension and renewal for buildings, rights and obligations of building rights holders, imposition of building rights, transfer of building rights regulated in Article 35 PP No. 40 of 1996, abolition of rights the use of the building on the management and extension rights and renewal of building use rights in the land of management rights Keywords: Legal Certainty, Building Use Rights, Management
PERLINDUNGAN LAHAN PERTANIAN PANGAN BERKELANJUTAN (LP2B) SEBAGAI UPAYA UNTUK MEWUJUDKAN KEMANDIRIAN PANGAN PADA PELAKSANAAN PERDA NOMOR 9 TAHUN 2011 TENTANG RENCANA TATA RUANG WILAYAH KABUPATEN BOYOLALI TAHUN 2011-2031 HARTATI, TRI
Dinamika Hukum Vol 10 No 2 (2019): DINAMIKA HUKUM
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The results of the study show that sustainable agricultural land protection as an effort to realize food self-sufficiency has problems based on Regional Regulation No. 17 of 2016 concerning the Protection of Sustainable Food Agriculture Land. Boyolali Regency implementation of sustainable agricultural land protection as an effort to realize food self-sufficiency has only arrived at the location identification stage and the existence of a regional regulation that regulates it. The location identification carried out by Bappeda in 2016 resulted in a Spatial Planning for Sustainable Agriculture Land Protection document, but until now it has not been confirmed in the form of regional regulations. So that the next activity process cannot be carried out optimally, such as control and supervision activities that have not been maximized despite having the Boyolali District Regulation Number 17 of 2016 concerning the Protection of Sustainable Food Agriculture Land. The strategy that needs to be taken to achieve sustainable agricultural land protection as an effort to realize food independence in Bupatei Regency is from an ecological aspect. This shows that the protection of sustainable agricultural land is closely related to environmental sustainability. The main priority efforts are soil and water conservation, because the impact of soil damage does not directly affect agricultural production, but without conservation efforts, high agricultural land productivity and agricultural enterprises will not be sustainable. Key words: Protection, Sustainable Food Agriculture Land (LP2B) Realizing Food Independence
PENERAPAN UNDANG-UNDANG PERLINDUNGAN ANAK NO. 23 TAHUN 2002 JO UU RI NO. 17 TAHUN 2016 TENTANG PERUBAHAN KEDUA ATAS UU RI NO. 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK DI TINGKAT PENYIDIKAN (Studi Kasus Di Polres Wonogiri) WIBOWO, WAHYU TEGUH
Dinamika Hukum Vol 10 No 2 (2019): DINAMIKA HUKUM
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The purpose of this study was to analyze the application of the Child Protection Act No. 23 of 2002 Jo. Act No. 17 of 2016 at the Polres Wonogiri.and know the obstacles in practice. Background of research is that children are the next generation that must be protected by their future. Therefore the handling of sexual intercourse involving child victims must prevent children from psychological, social and mental trauma. The research method consists of: the type of research is normative juridical which is supported by empirical data through observation. The nature of the research is descriptive. The required data consists of primary, secondary and tertiary legal materials. The method of data collection is done by literature study and observation. Data analysis was carried out qualitatively. The results of the study that technically disclosure of criminal acts of intercourse with child victims is done by collecting facts and evidence concerning the event. If the incident is suspected to have a criminal element, then proceed with the collection of evidence. Furthermore, if 2 (two) valid evidence has been found, then it can be determined who is the suspect in the case or event. The obstacle in practice is when it has to provide protection for children who are victims of sexual crimes, especially from a psychological point of view. The number of investigative personnel in the Unit PPA Polres Wonogiri is still limited, especially those who have an educational background in psychology. Another obstacle is the limited cooperation with social institutions outside the police that care about child protection. Keywords: Law No. 23 of 2002 Jo.Law No. 17 Tahun 2016 concerning Child Protection, Investigation, Polres Wonogiri.

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