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KAJIAN YURIDIS TINDAK PIDANA PENCURIAN OLEH ANAK BERDASARKAN UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK (Studi Kasus Putusan Pengadilan Negeri Sleman Nomor 25/Pid.Sus-Anak/2018/PN.Smn) YUWANA W, A. ENDRATA
Dinamika Hukum Vol 10 No 3 (2019): DINAMIKA HUKUM
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The purpose of this research is to examine and analyze the settlement of criminal acts of theft committed by children under Law No. 11 of 2012 on the Child criminal justice system. Reviewing and analyzing the judgment of judges in breaking the criminal acts of theft committed by children at the decision of the District Court of Sleman No. 25/Pid. Sus-Child/2018/PN.Smn. The Child criminal justice system is a judicial system that prioritizes children's interests. Article 7 paragraph (2) of Law No. 11 of 2012 on the Child criminal justice system, versioned in the case of a criminal offence committed by a child is threatened with imprisonment under 7 (seven) years and is not a repetition of a criminal offence. The method of approach in writing is normative juridical. The specification of this research uses analytical descriptive. The data source uses secondary data. Data collection techniques using library studies. The data analysis technique using silogism deductive logic is based on the submission of the major premise (a general statement) and then proposed a minor premise (special), from both premises then withdrawn a conclusion or conclusion.. Based on the results of the study obtained the conclusion that the case of the criminal act of theft which was sent at the District Court of Sleman No. 25/Pid. Sus-Child/2018/PN. SMN, the application of the Elements of section 363 paragraph (1) of the 3rd and 4th Books of the law Criminal Law on the theft of criminal acts of incrimination by the child is not in accordance with Law No. 11 of 2012 on the Child criminal justice system. Although it is true in the criminal acts elements of article 363 paragraph (1) of the 3rd and 4th Book of Criminal Code on criminal acts of theft with the incriminated circumstances committed by the child are fulfilled, but it is less in accordance with Article 5 paragraph (1) Law No. 11 year 2012 on the Child criminal justice system which prioritizes the justice Restorative approach. The principle of restorative justice by giving an opportunity to the perpetrators of the criminal (his family) to be responsible for redeeming his mistake by replacing the crime caused by a criminal offense committed by the child to the victim of criminal acts. Judgment of judges in breaking the criminal acts of theft committed by the child at the decision of the District Court of Sleman No. 25/Pid. Sus-Child/2018/PN. SMN is based on the description of witnesses, evidence tools, defendant's indictment, prosecutors Public prosecutor and the results of Community research by public guidance from the BAPAS and Law No. 11 of 2012 on the Child criminal justice system. Keyword: theft criminal, child criminal justice system.

PELAKSANAAN PERATURAN MENTERI PERHUBUNGAN REPUBLIK INDONESIA NOMOR PM 118 TAHUN 2018 TENTANG PENYELENGGARAAN ANGKUTAN SEWA KHUSUS (Studi Kasus pada Taksi Online di Kota Yogyakarta) GEMILAR, ANTONIUS
Dinamika Hukum Vol 10 No 3 (2019): DINAMIKA HUKUM
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The purpose of this research is to study and analyze the implementation of regulation of the Minister of Transportation of the Republic of Indonesia number PM 118 year 2018 about the implementation of special rental transportation in the online taxi of Yogyakarta. Reviewing and analyzing the implications of implementing regulation of the Minister of Transportation Republic of Indonesia number PM 118 year 2018 about the implementation of special rental transportation in online taxis in Yogyakarta city. The method of approach in writing is sociological juridical. The specification of this research uses analytical descriptive. Data sources use primary data and skunder data. Data collection techniques using interview and observation studies. To analyze the data, researchers use qualitative descriptive analysis methods. Based on the results of the study obtained the conclusion of the implementation of regulation of the Minister of Transportation Republic of Indonesia number PM 118 year 2018 about the implementation of special rental transportation in the online taxi city Yogyakarta has not been implemented optimally is shown by not all online taxis are legal entities both limited and cooperative company, this is due to the process of licensing cooperative establishment or PT takes a long time. The implications of the implementation of PM 118 year 2018 on the implementation of special rental transportation in online taxis in the city of Yogyakarta, which is the application company does not carry direct transportation in the field of transport but should cooperate with Transport companies. Reviewed from the legal theory of implementation of PM 118 year 2018 on the substance aspect already set about suspend, set the problem of Minimal service standards (SPM) aimed at the driver and passengers get service and protection, regulate Regarding the lower tariff limit and upper tariff limit, the organizer of special rental transportation must be legal entity, both state enterprises, BUMD, PT, cooperatives and in the form of SMES. The aspect of the legal structure of the Department of Transportation has the authority to issue the operational license of special rental transport and the applicator company Gojek and Grab have a role to coordinate with the transportation office to take care of the permits. Aspects of the legal culture show still the violation of the applicator company and online taxi drivers. The applicator company's breach does not constitute the provision that a prospective online taxi driver must have a member card in the company or cooperative, while the online taxi driver has not implemented the minimum standards of service is set in PM 118 year 2018 and the driver's identity does not match the one in the application. Keywords: policy implementation, maintenance of special rental transport.

KAJIAN YURIDIS PENEGAKAN HUKUM PERJUDIAN ONLINE (Studi Kasus Putusan Pengadilan Negeri Sumber Nomor 277/Pid.B./2018/PN.Sbr) TRIWIRATNO, BAMBANG
Dinamika Hukum Vol 10 No 3 (2019): DINAMIKA HUKUM
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The purpose of this research is to study and analyse the legal arrangements of online gambling criminal acts in Indonesia. Reviewing and analyzing criminal liability against perpetrators of online gambling crimes at the decision of the state court of Source No. 277/Pid. B./2018/PN.Sbr. Review and analyse barriers in the online gambling proving associated with Law No. 19-year 2016 concerning amendment to law No. 11 year 2008 on information and electronic transactions. The method of approach in writing is normative juridical, the nature of this research is analytical descriptive research. The data source uses secondary data. Data collection techniques using literature study/document study. Data analysis techniques use a qualitative descriptive approach. Based on the results of the research the discussion came to the conclusion that the criminal liability against the perpetrators of online gambling at the state court of Source No. 277/Pid. B./2018/PN. SBR of the defendant proved legally and assured Guilty of committing a criminal offence using gambling opportunities held in breach of article 303, and sentenced the imprisonment against defendant BUDIONO als BUDI Bin DAMIANTO, with imprisonment for 6 (six) months. Based on the results of the case analysis shows that the application of gambling acts through Internet facilities (online), only subject to the provisions of the law contained in the criminal CODE in this case article 303 CRIMINAL code. In fact, there has been a legal provisions governing gambling through Internet facilities (online) in article 27 paragraph (2) and article 45 paragraph (1) of the ITE LAW. It does not have the ITE LAW applied to the above cases, due to the investigation procedure in article 43 paragraph (6) of the ITE LAW which is difficult to implement. The difficult procedure is the provision that requires investigators to conduct arrest and detention, through the public Prosecutor requesting the determination of the Chairman of the local Court within 1x24 hours hours (one time twenty-four hours), Impossible to do so. Barriers to the online gambling proving associated with law No. 19 year 2016 about the amendment to law No. 11 year 2008 on information and electronic transactions can be viewed through the legal system either through legal factors, enforcement facilities, and society and culture. Keywords: Online Gambling, criminal liability, criminal offence proof.

PELAKSANAAN PERATURAN BUPATI PONOROGO NOMOR 100 TAHUN 2018 TENTANG PERUBAHAN ATAS PERATURAN BUPATI NOMOR 83 TAHUN 2016 TENTANG KEDUDUKAN, SUSUNAN ORGANISASI, URAIAN TUGAS, FUNGSI DAN TATA KERJA BAPPEDA LITBANG KABUPATEN PONOROGO IFAMA, EKA SILA
Dinamika Hukum Vol 10 No 3 (2019): DINAMIKA HUKUM
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The goal of this research is to examine and analyze the implementation of rules of the regent Ponorogo no. 100 year 1018 about the change on the rules of the regent no.83 year 2016 about the position, the formation of organization, job description, function and work schedule of Bappeda Litbang of ponorogo regency also examine and analyze of the obstacles that happened in the implementation of rules of the regent Ponorogo no. 100 year 1018 about the change on the regulation of the regent no.83 year 2016 about the position, the formation of organization, job description, function and work schedule of Bappeda Litbang of ponorogo regency The method of approaching in this research is sociological juridical. Research specification is using descriptive qualitative and data source is using primer data and secondary data. The technique of collecting data is using interview and observation. The technique of analyzing data is using qualitative descriptive analysis. Based on the result of this research it can be got conclusion that the implementation of rules of the regent Ponorogo no. 100 year 1018 about the change on the rules of the regent no.83 year 2016 about the position, the formation of organization, job description, function and work schedule of Bappeda Litbang of ponorogo regency also examine and analyze of the obstacles that happened in the implementation of regulation of the regent Ponorogo no. 100 year 1018 about the change on the rules of the regent no.83 year 2016 about the position, the formation of organization, job description, function and work schedule of Bappeda Litbang of ponorogo regency as follows : 1) the process of communication is held by socializing gradually is ineffective, for the staff that not joined in socializing in the regency area do not understand well. 2) Aspect of resource has been enough amount 53 people, the level education of the staff are Bachelor and Magister in the average, in the case of competition among the staff is still suboptimal. 3). Disposition aspect or attitude of staff that receive and done the regulation of the regent of ponorogo as good as possible, however, to fill the position of functional office planning is not implemented yet for the staff that pointed disagree. 4). Aspect of bureaucratic structure it is Bappeda Litbang of ponorogo regency has owned organization structure, job description and authority of each staff. The obstacles that happened in the implementation of regulation of the regent Ponorogo no. 100 year 1018 about the change on the rules of the regent no.83 year 2016 about the position, the formation of organization, job description, function and work schedule of Bappeda Litbang of ponorogo regency also examine and analyze of the obstacles that happened in the implementation of rules of the regent Ponorogo no. 100 year 1018. There is a rejection from the staff, especially from executive staff as functional office planning. The other obstacles in the implementation of regulation of the regent Ponorogo no. 100 year 1018 that some of the staff still do not master technology of information. Key word : Implementation, Regulation of the Regent of Ponorogo Number 100 Year 2018

PENGULANGAN TINDAK PIDANA ANAK YANG SEBELUMNYA PERNAH DILAKUKAN DIVERSI DI BALAI PEMASYARAKATAN SURAKARTA TAHUN 2014-2018 ASNGARI, HASAN
Dinamika Hukum Vol 10 No 3 (2019): DINAMIKA HUKUM
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The purpose of this research is to examine and analyze the cause of the child to perform a criminal offence that had previously been in the version of Surakarta Correctional Hall. Reviewing and analyzing the implementation of supervision conducted by the Community Advisor of Surakarta Correctional Hall to the child in the version to avoid committing a criminal offence later in the day. The method of approach in writing is sociological juridical. The specification of this study uses descriptive. Data sources use primary data and skunder data. Data collection techniques using interviews and literature studies. To analyze the data, researchers use qualitative descriptive analysis methods. Based on the results of the study came the conclusion that the factors that cause the child to perform a criminal offence that had previously been conducted in the Surakarta Correctional Hall is due to economic factors, a factor of lack of affection and parental supervision, social environmental factors and lack of understanding and passion and practice of religious values and legal awareness factors. Economic factors are the most dominant cause factor, because because of the increasing economic needs where the needs of their lives are difficult to be fulfilled, so that they will be able to rebuild themselves to repeat the repetition Criminal. The form of supervision conducted by the Public advisor of Surakarta Correctional Hall to the child in the version to avoid repeated criminal acts, covering the initial stages of assessment, digging up the needs of what is needed The current client makes the goal to be achieved. The advanced stage is the process of mentoring Community advisers to assist clients in problems that are in a natural client. And the final stage, making a report of the termination that the child has had development during the guidance and able to return in the community and conduct supervision and maintenance on the client until the specified time. Keywords: repetition of crimes, versioned, child criminal justice system.

PENJATUHAN PUTUSAN BEBAS PADA PELAKU TINDAK PIDANA KEKERASAN FISIK DALAM RUMAH TANGGA TERHADAP ISTRI (Studi Kasus Pada Putusan Pengadilan Negeri Pekanbaru Nomor: 451/Pid.Sus/2017/Pn.Pbr) SUSILO, MITA ISTU
Dinamika Hukum Vol 10 No 3 (2019): DINAMIKA HUKUM
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The purpose of this research is to examine the criminal application of the perpetrators of domestic violence against the wife of the Pekanbaru state Court Decree number: 451/Pid. Sus/2017/PN.Pbr. Reviewing the judgment of judges in dropping Free decision on perpetrators of domestic violence against the wife on the ruling of Pekanbaru District Court number: 451/Pid. Sus/2017/PN.Pbr. The method of approach in writing is normative juridical. The specification of this research uses analytical descriptive. The data source uses the Skunder data. Data collection techniques using library studies. To analyze the data, researchers use qualitative descriptive analysis methods. Criminal application to the perpetrators of domestic violence against wives in Pekanbaru District Court Decree number: 451/Pid. Sus/2017/PN. PBR, the defendant ALENDRI Als ALEN Bin SARUJI is not legally proven and convincing guilty Commit a criminal offence in the household, as regulated and threatened by criminal in the alleged offence of article 44 paragraph (1) of LAW No. 23 year 2004 on the elimination of violence in the household and the second indictment of article 44 paragraph (4) of LAW No. 23 Th. 2004 ON The elimination of domestic violence, so that the Terdaka must be freed from both claims and restore the defendant's rights in their abilities, positions, and dignity. Consideration of judges in the breach of criminal acts of domestic violence against wives on the ruling of Pekanbaru District Court number: 451/Pid. Sus/2017/PN. PBR based on evidence of witness, proof of goods, letter of Visum et The investigation and the elements in the provisions of article 44 paragraph (4) of law No. 23 of 2004 on the elimination of violence in households. Based on the results of the test the evidence suggests that the results of the Visum et investigation explain that on the examination is not found signs of violence, in addition to the information submitted by the witnesses in the trial no one sees In a direct quarrel between the defendant and the witnesses, the witnesses only knew the incident from the victim's testimony. Keywords: Criminal acts of physical violence in the household, the judgment of judges.

PENERAPAN DIVERSI PADA PELAKU TINDAK PIDANA LALU LINTAS YANG DILAKUKAN OLEH ANAK MENGAKIBATKAN HILANGNYA NYAWA ORANG LAIN (Studi Kasus Putusan Pengadilan Negeri Jember Nomor 7/Pid.Sus-Anak/2018/PN.Jmr) GUSTANA S, SAKTI RANGGA
Dinamika Hukum Vol 10 No 3 (2019): DINAMIKA HUKUM
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The purpose of this research is to examine the application of the version of traffic crimes resulting from the loss of the lives of other people at Jember District Court Decision No. 7/Pid. Sus-Child/2018/PN.Jmr. Reviewing the judgment of judges in the Impose sanctions on children perpetrators of criminal traffic that resulted in the loss of other people's lives on the decision of the District Court of Jember No. 7/Pid. Sus-Child/2018/PN.Jmr. The method of approach in writing is normative juridical. The specification of this research uses analytical descriptive. The data source uses the Skunder data. Data collection techniques using library studies. To analyze the data, researchers use qualitative descriptive analysis methods. The application of a version of the perpetrators of criminal traffic that resulted in another person's death by the son on Jember state Court decision number: 7/Pid. Sus-Child/2018/PN. JMR refers to article 7 paragraph (2) of Law No. 11 of 2012 concerning Child criminal justice system. That the settlement of child criminal cases can be done in a version when the threat of criminal offence is under 7 (seven) years and not a repetition of a criminal offense. District Court Judge Jember in dropping actions against children in conflict with the law also refers to the provisions of Article 69 paragraph (2) of Law No. 11 of 2012 on the Child criminal justice system stating that: a conflicted child With a law that is not yet 14 (fourteen) years old can only be subject to a return to parents. The sanction of action to the defendant is based on the defendant is not yet 14 years old and aims to rescue and release the defendant from the crime stigma by returning the parents. Consideration of judges in the criminal subpoena against the perpetrators of criminal traffic that resulted in others passed away by the son on the decision of the District Court of Jember No: 7/Pid. Sus-Child/2018/PN. JMR is based on the witness description, The tools of evidence in the form of letters, expert information, instructions, information of defendants, prosecution indictment and the results of public research by public advisers from the BAPAS. In addition to the consideration of the evidence tool, the judge also considers that the defendant Anak is still school and underage, and the child does not know and understand the traffic signs, without wearing a helmet and without having SIM C which in terms of children's age is also not It's time to drive a motorcycle so the child doesn't understand how much speed is allowed when riding a motorcycle on a highway. Keywords: Child criminal justice system, traffic criminal act.

ANALISIS PUTUSAN HAKIM TERHADAP ANAK PELAKU TINDAK PIDANA KEJAHATAN SEKSUAL (Studi Putusan Pengadilan Wonogiri Nomor : 4/Pid.Sus-Anak/2018/Pn Wng) WARDHANA, SINDRA RIEFLY
Dinamika Hukum Vol 10 No 3 (2019): DINAMIKA HUKUM
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The purpose of this study is what is the basis for the judge's judgment in issuing a criminal court decision (No.: 4 / Pid.Sus-Anak / 2018 / Pn Wng) and whether a criminal decision handed down in a case (No. 4 / Pid.Sus-Anak / 2018 / Pn Wng) by the Judge is in accordance with UURI provision No. 11 of 2012 concerning the Juvenile Justice System. The method of approach in this paper is empirical juridical. This research method uses descriptive normative. Data sources using primary and secondary data and tertiary data. Data collection techniques using interview studies and literature studies. To analyze the data, researchers used the Qualitative Data Analysis method. Based on the results of this study indicate that: 1). Legal considerations of judges in passing verdicts (No. 4 / Pid.sus.anak / 2018 / PN.Wng), have a mistake because the judge in considering the case only handed down a criminal code in accordance with Article 81 paragraph (2) of the Child Protection Act, without include article 64 paragraph (1) of the Criminal Code concerning continuing actions. The facts that occurred in the field, the actions of the defendant who committed the crime of sexual intercourse against the victim were carried out repeatedly, which is 5 times and should be included in one of the incriminating matters. 2). Judges' decisions analyzed by the author, have problems where the decision is not in accordance with the SPPA law. One of the points in the decision was that the judge decided on a criminal act in the form of treatment and or rehabilitation at the foundation for the development of bad boys (YPAN) Bhina Putera Surakarta for 2 (two) years and a criminal fine of Rp.60,000,000.00 (sixty million rupiah) and with the provision that if the fine is not paid, then it is obligatory to replace it with work training for 1 (one) month if in the material law the cumulative penalty is imposed in the form of prison and the fine is replaced with work training. "This means that the criminal fine for children dealing with the law deserves compensation Based on the above conclusions, the authors suggest that in passing the verdict, the judge should consider aspects of the losses suffered by the victim so that in imposing a sentence on the offender can give a deterrent effect. There needs to be a deeper study of the law relating to children, so that the process of resolving cases against children with the law can proceed as it should. Keywords: Child Crimes, Sexual Crimes, Child Criminal Justice System.

KAJIAN YURIDIS PENERAPAN SANKSI PIDANA DALAM KASUS TINDAK PIDANA PERSETUBUHAN YANG DILAKUKAN OLEH ANAK TERHADAP ANAK (Studi Kasus Putusan Pengadilan Negeri Pemalang Nomor: 3/Pid.Sus-Anak/2018/PN Pml) KURNIAWAN, TEDY VERDYANTO
Dinamika Hukum Vol 10 No 3 (2019): DINAMIKA HUKUM
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The purpose of this research is to examine the application of criminal sanctions in case of a criminal offence committed by a child to a child in the decision of the District Court of Pemalang number: 3/Pid. Sus-Child/2018/PN Pml. The method of approach in writing is normative juridical. The specification of this research uses analytical descriptive. The data source uses the Skunder data. Data collection techniques using library studies. To analyze the data, researchers use qualitative descriptive analysis methods. Based on the results of the study obtained the conclusion that the application of criminal sanctions in the case of a criminal offence committed by a child to a child in the decision of the District Court of Pemalang number: 3/Pid. Sus-Child/2018/PN PML based on Law No. 11 year 2012 on the Children's criminal justice system is carried out by the judge to give the verdict in the form of imprisonment for 10 (ten) months and must participate in the employment training at the Training Institute for 3 (three) months according to the authors is appropriate because the defendant's child has tried 14 years and the demand for his criminal above 7 (seven) years so that it is not mandatory to be made in the version. Judgment of judges on the defendant's child in the case of a criminal offence is based on a tool proof of witness information, information of experts, letters, instructions and information of the defendant and refers to article 81 paragraph (2) of LAW No. 23 year 2002 on Child protection Jo UU No. 11 Year 2012 on child criminal justice system as well as the description of parents of children are related to the report on the results of societal research. Key words: criminal offence, child criminal justice system.

TINJAUAN YURIDIS KETENTUAN DIVERSI TERHADAP ANAK YANG MELAKUKAN PENGULANGAN TINDAK PIDANA DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK WANDOYO, WANDOYO
Dinamika Hukum Vol 10 No 3 (2019): DINAMIKA HUKUM
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Diversion in the SPPA Law is regulated in Chapter II in Article 5 to Article 15. In Article 5 paragraph (1) the SPPA Law states that the Child Criminal Justice System must prioritize the Restorative Justice approach. The Restorative Justice is an obligation to seek Diversion. However, in Article 7 paragraph (2) of the SPPA Law there are restrictions on crimes that may be carried out diversion ... the enactment of the SPPA Law which does not regulate the repetition of criminal acts carried out by children or the occurrence of a norm of void and which would be a confusion of diversion diversion is expected to be a solution in protecting children, a week the future of children can be saved The issues reviewed in this study are: (1). Is the contradiction in the application of diversion in the settlement of criminal cases of children who commit repetitions of crimes in terms of the SPPA Law. (2) How is legal protection for children who commit crimes and those who commit acts a criminal whose speech threat is above 7 (seven) years ? The research method used in this study is qualitative research and the type of descriptive research with a normative juridical approach. The data analysis method used in this study is data collection, data reduction, data presentation, conclusion drawing. The results of the study: (1) Settlement of child cases that carry out repetitions of criminal acts has not been regulated specifically. Legal arrangements relating to the settlement of child criminal cases that repeat crimes experience legal obscurity with the rules in the SPPA Law that children who repeat criminal acts cannot be attempted diversion (2) Efforts made by the state after the child is confronted with the law has been decided incracht with a sentence of more than 7 years and or criminal repetition, the state in this case the government provides protection in the form of rights in accordance with the rights of child prisoners regulated in Law No. 12 of 1995 concerning Corrections which states that the rights of child prisoners are the same as the rights of adult prisoners unless the right to receive wages from the work they have done The conclusions of this study are: Legal arrangements relating to the settlement of child criminal cases that repeat crimes experience legal obscurity with the rules in the SPPA Law that children who commit repeat crimes cannot be tried for diversion (Article 7 paragraph (2) SPPA Law). Keywords: Diversion, Repetition of Crime, Child Criminal

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