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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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Search results for , issue "Vol 6 No 1 (2015): DINAMIKA HUKUM" : 12 Documents clear
TINGKAT KEPATUHAN PEMILIK SARANA APOTIK DALAM MELAKSANAKAN KEBIJAKAN PEMERINTAH TERHADAP PERSYARATAN PENGELOLAAN APOTIK DI KABUPATEN SRAGEN VETYLIANASARI, AGRESTHA
Dinamika Hukum Vol 6 No 1 (2015): DINAMIKA HUKUM
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The purpose of this study is to assess analyze the factors that affect the level of compliance means of pharmacies in implementing policies to the requirements of pharmacy management This research uses juridical sociological study because it describes and gain clarity about government policy towards the management of the pharmacy. The nature of this research is descriptive analysis namely: "A study that seeks to provide an overall picture, depth, to obtain a clarity about government policy towards the management of pharmacy The results of that study factors that influence the level of compliance of the owners means of pharmacies in the implementation of government policy on pharmacy management requirements are: Knowledge Own Means pharmacists to pharmacy management provisions of Regulation fraction instead of basic health or pharmacist, but businessmen and entrepreneurs that lead to ignorance will the existing regulations. The attitude of the owner of the means pharmacies in follow-up provisions PERMENKES No. 922 1993 or KEPMENKES Decree No. 1332 / Menkes / SK / X / 2002 on the Amendment to the regulation of the Minister of Health Decree No. 922 / Menkes / Per / X / 1993. Most of the owner Means Pharmacies Pharmacies and implement compliance in accordance with the regulations of the Minister of Health Decree No. 922 / Menkes / Per / X / 1993, but there are still some small part Pharmacies and Pharmacy Facility owners who do not comply with the regulations of the Minister of Health Decree No. 922 / Menkes / Per / X / 1993, should a need to increase compliance due to internal factors, for example: the number of prescriptions or drugs that come in very little, the amount of capital that must be removed for the purposes of pharmaceuticals, revenues are not worth the expense. While external factors include: the selling price of a tight competition, increasing the number of pharmacies, consumers doubt on the quality of pharmacy services. Keywords: level of compliance, the owner of the means pharmacies, government policies, management of pharmacy
TINJAUAN YURIDIS IMPLEMENTASI UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DI WILAYAH HUKUM KEPOLISIAN RESOR BOYOLALI HARTANTO, ARIS
Dinamika Hukum Vol 6 No 1 (2015): DINAMIKA HUKUM
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The purpose of this study was Assess and analyze the implementation of Law No. 35 Year 2009 on Narcotics Police jurisdiction Boyolali, and assess and explain the barriers experienced by law enforcement agencies in taking action against the perpetrators of criminal acts are categorized as narcotics users according to Law No. 35 Year 2009 on Narcotics. The method used normative juridical, which is done by studying the existing norms or regulations undanganyang closely related to the issues to be discussed. The nature of research is descriptive analytic. Will be analyzed descriptively object under study. Source of data used secondary data consists of primary legal materials, secondary and tertiary. Implementation of Act No. 35 of 2009 on Narcotics Police jurisdiction Boyolali not fully implemented. It can be seen from the various provisions of articles in the law which has not been implemented. The provisions that have not been applied or implemented include a variety of things starting from institutional functions which include socialization function, investigators, and the investigators, and the other article as a function of rehabilitation that can not be used at all because of the absence of a rehabilitation center for drug addicts in the jurisdiction police district Boyolali; Barriers experienced by law enforcement agencies in taking action against the perpetrators of criminal acts are categorized as narcotics users according to Law No. 35 Year 2009 on Narcotics, namely: lack of community participation even though there participation to provide information that there has been a criminal offense narktoka abuse. And a network of criminal acts that drug abuse is severed its links Keywords: Judicial Review of the Implementation of Law No. 35 of 2009
PERANAN MAHKAMAH KONSTITUSI DALAM MEMUTUSKAN TENTANG PERSELISIHAN HASIL PEMILU PRESIDEN DI INDONESIA (Kajian Pada Pelaksanaan Pemilu Tahun 2014) NUGROHO, ARY SETIO
Dinamika Hukum Vol 6 No 1 (2015): DINAMIKA HUKUM
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The purpose of this study is to examine the role of the Constitutional Court to decide on the dispute results in Indonesian Presidential Election. And explain the obstacles in solving disputes in Indonesian Presidential Election results. This research uses normative legal studies to understand the application of the norms of the law to the facts. The nature of descriptive research study meant to describe a rule of law in the context of theories of law and its implementation, as well as carefully analyze facts about the implementation of legislation in Constitutional Law. The results of the study that the role of the Constitutional Court to decide disputes in the election results, ie when there is a request that the applicant submitted. Decision of the Constitutional Court is the legal basis which gives validity of votes election participants of the calculation results of the general election vote nationally. The Constitutional Court's role is to conduct the examination, then decided to establish the correct sound calculation results of the applicant or by the Election Commission (Article 75 in conjunction with Article 77 Paragraph (3) and (4) of Law No. 4 of 2003). This has relevance as a legal basis to set a general election vote counts nationally with implications for the validity of votes participants election candidates for President and Vice President. Constitutional authority to decide disputes concerning the results of Presidential elections in Indonesia under Article 24C paragraph (1) of the 1945 Constitution, which is explained, that the authority of the Constitutional Court has the authority to hear cases at the first and last decision is final in law against the Constitution, rule on the dispute the authority of state institutions granted by the Constitution, dissolution of political parties and to decide disputes concerning the results of the general election. Barriers in the Presidential election result dispute resolution in Indonesia, among others: 1) the existence of accumulation disputes election results at a certain time. 2) The number of constitutional judges are only nine people, 3) The grace period is quite short dispute resolution, 4) Expansion of the scope of authority of the Court through the decision of the Court itself, 5) Not terjadwalnya good election and election schedule integration with other systems. 6) There MK maximum support device in resolving disputed election results. Keywords: Role, the Constitutional Court, Decide, Dispute Presidential Election
ANALISIS YURIDIS PERTIMBANGAN HAKIM DALAM PERKARA PENODAAN AGAMA (Studi Kasus di Pengadilan Negeri Surakarta) HERMAWAN, DHONY
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The aim of this research is to know the examination of the case process and as the base of judge consideration to make criminal decision for the person who do judicial. Defamation of religion. The kind of this research is a descriptive researching and if we seen from the nature is a normative legal research. Its supported with empirical data. The Location of this research is in Surakarta District Court. The type of data used are secondary data as the main data and primary data as supporting data. Data collection techniques used is through the study of literature. Analysis of data using qualitative data analysis. Based on the research conducted is obtained that the inspection process criminal cases of blasphemy in Surakarta District Court covering the opening of the court, the examination identity of a defendant, the reading of the indictment, filing exceptions, verification, requisistor, reading defence, replik and duplik and also the reading of the verdict. While the basics of the judge consideration in decisions on criminal defamation of religion is of the facts in court that defendant has met the elements against with the Article Number 156 a of KUHP (Criminal Code of Conduct). Based on the evidence in the court proved that the defendant had issued a statement which is a criminal offense of blasphemy, the statement of the defendant accused assessed convoluted and inconsistent, there is no legal facts that can be used as an excuse or justification, Nothing that relieve and there are things that incriminate the accused Keywords : Defamation Of Religion
IMPLEMENTASI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DALAM MENINGKATKAN KESELAMATAN MASYARAKAT (Kajian Terhadap Kasus Kecelakaan Lalu Lintas Di Kepolisian Resor Boyolali) JATMIKO, DWI
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The purpose of this study is to examine and explain the implementation of Law No. 22 of 2009 on Traffic and Transportation in improving public safety in Police Boyolali. And assess and explain the constraints experienced by law enforcement to improve public safety and law-abiding realize according to Law No. 22 of 2009 on Traffic and Transportation. Road safety issues are closely related to traffic due to various accidents that cause harm and even death often occurs related traffic and use as ingredients. Therefore, preventive measures to safeguard the security and keselamantan on the road should be a priority that takes precedence. Law No. 22 of 2009 on Traffic and Transportation mandates that the role and function of the field of traffic police is So Public Education. Results of research and discussion that effort in order to realize a road safety is a shared responsibility between road users and the state apparatus competent to good road handling that is responsible for the procurement and maintenance of infra and suprastructures, facilities and road infrastructure as well as the setting and enforcement of the law it aims to be maintained as well as the preservation of the situation Kamseltibcar Then on the highway in a focused and achieve the expected goals, the active participation of the users of the road to ethics. Manners and compliance with laws and regulations in force is a most important thing in order to realize the security, safety, order and smooth traffic, according to modern policing system puts the community as a subject in maintaining personal safety will impact on the safety and regularity for pengguana other way. Constraints experienced by law enforcement to improve public safety and law-abiding realize according to Law No. 22 of 2009 on Road Traffic and Road Transport: a) Internal quality traffic police resources that have not been fully able to provide exemplary road users, treatment against violators of traffic officers. B) External factors, infrastructure road and have not yet reflect the aspect of safety, public transport management both central and local levels still reflect an unhealthy management, traffic arrangement disorder Keywords: Implementation, Safety, Society
PANDANGAN HAKIM TENTANG PENGATURAN PIDANA KERJA SOSIAL DI DALAM RUU KUHP DALAM SISTEM HUKUM PIDANA INDONESIA SYAIFUDDIN, EDWIN
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This study aims at unearthing the concept of community service as a form of punishment in the updated Penal Code of Indonesia elaborated in the Draft Bill of Criminal Code Year 2013 and the views of judges on such arrangement within the Indonesian legal framework. Imprisonment as one form of sentences set out in Article 10 in the Criminal Code, especially inflicted on not-so-serious offences, has a loophole in that the purpose of sentencing is left unmet. The shift in the orientation for sentencing from being punitive to correctional drives the emergence of alternative to short term sentencing, namely community service punishment set out in the Draft Bill of Criminal Code which serves as a reform of the sentencing scheme prevailing in Indonesian legal framework. This study is juridical-sociological in nature. Involving interviews with judges, the study is conducted on the arrangement of social work punishment as set out in the Draft Bill of Criminal Code year 2013 compared with the punishments found in the existing Criminal Code. It provides descriptive analysis that presents and elaborates and then analyzes issues related to social work punishment, more particularly what served as the background for social work punishment arrangement and also the judges’ views on such arrangement. The concept of community service as a form of punishment outlined in the Draft Bill of 2013’s Criminal Code suggests an alternative to short term imprisonment or small fines. The arrangement of community service modernizes Indonesia’s substantive criminal law, by which judges are provided with an alternative when it comes to sentencing, for not all offences deserve imprisonment or sentences that deprive one from their liberty. Keywords: View of judges, Imprisonment, Draft Bill of Criminal Code, Community Service Punishment, Purpose of Sentence.
PENANGANAN TERHADAP TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA PADA TAHAP PENYIDIKAN DI WILAYAH HUKUM KEPOLISIAN RESOR BOYOLALI SUNYOTO, EDI
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The purpose of this study is to examine and explain the handling of the criminal offense of abuse of narcotics at the investigation stage in the jurisdiction. Examines and explains the obstacles in the handling of criminal acts abuse of drugs in the investigation stage in the jurisdiction of Police Boyolali. This research method using normative juridical type of research, which is done by examining secondary data sources, which consist of primary legal materials, secondary law, and tertiary legal materials. The nature of descriptive research, the research is intended to provide data as accurately as possible about the people, circumstances or other symptoms. Treatment at this stage of the investigation of the criminal offense of abuse of narcotics in the Police Law Boyolali namely: receiving reports from the public about the alleged criminal act then Police Narcotics abuse Boyolali make police report on the report after it is created Warrant and Warrant Investigation Task then Member Police Boyolali to act first on the scene found the suspect and evidence, then perform forceful measures against the suspect in the form of arrest, search and seizure of evidence and urine tests conducted against the suspect in the Forensic Laboratory, the next suspect Examination (Investigator make Interrogation ), during arrests, investigators complement case file and send the case file to the District Attorney Boyolali and otherwise have a complete dossier (P-21), after it is done delivery phase suspect and any evidence to the State Attorney Boyolali. Barriers in the handling of criminal acts of abuse of narcotics at the investigation stage in the jurisdiction of Police Boyolali, is the lack of cooperation between police (Investigator) with a society that does not want to report the occurrence of the crime of drug abuse on the grounds do not want to be a witness because not bother other people's business. The criminal misuse of narcotic remove traces of time will do a search, giving a convoluted explanation. Limited facilities and infrastructure including vehicles owned by the Police Boyolali to conduct patrols in each region who are considered vulnerable. Limited human resources (police) is the lack of professionals in conducting the investigation. Keywords: Management, Crime, Abuse, Narcotics
PERBANDINGAN PUTUSAN PN TENTANG TINDAK PIDANA NARKOTIKA DENGAN TINDAK PIDANA PENCURIAN YANG DILAKUKAN ANAK (Studi Kasus Putusan PN No. 66/Pid.Sus/2014/PN.Skt dan Putusan PN No. 01/Pid.Sus/2014/PN.Skt) ROKHADI, ROKHADI
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This study aims to determine the differences in legal protection and consideration of the judge in deciding the case narcotic and theft committed by children ( PN Decision Case Study No. 66 / Pid.Sus / 2014 / PN PN.Skt and Decision No. 01 / Pid.Sus /2014/PN.Skt ). This research method using a normative approach to the form of qualitative research . The type of data used in the writing of this law is the primary data . The primary data source used is the result of interviews with those who know about the problem under study . Analysis of the data obtained is done by means of qualitative analysis. Based on the analysis and discussion of the results it can be concluded that the legal protection of children who commit criminal offenses and theft of narcotics can be seen from the Decision of Judge impose imprisonment for the crime of child accused of drug cases and cases of theft in accordance with Article 71 of Law No. 11 of 2012 on crime Juvenile Justice System ) which states that the criminal child over the age of 15 years may be subject to criminal prison . Consideration of the judge in deciding criminal cases Narcotics ( PN Decision Case Study No. 66 / Pid.Sus / 2014 / PN.Skt ) , the judge considered the fourth indictment violated the provisions of Article 132 paragraph ( 1 ) as referred to in Article 111 paragraph 2 of Law Decree No. 35 of 2009 on Narcotics . Meanwhile, the judge consideration in deciding criminal cases Theft ( PN Decision Case Study No. 01 / Pid.Sus / 2014 / PN.Skt ) judges consider the provisions of Article 363 paragraph ( 1 ) to 4 Code of Criminal Law . Keywords : Crime Narcotics , Theft Crime , Crime Child Actors
PEMANFAATAN BUKTI FISIK SIDIK JARI DALAM PROSES PENYIDIKAN UNTUK MENGUNGKAP TINDAK PIDANA PENCURIAN DI KEPOLISIAN RESOR BOYOLALI SINAYANG, SAKTI
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The purpose of this study is to examine and explain the use of physical evidence in the investigation process fingerprints to reveal the crime of theft in Police Boyolali. And assess and describe the obstacles that arise in the process of investigation using fingerprint evidence to the crime of theft in menungkap Police Boyolali and efforts to overcome these obstacles. To reveal crime investigators should know where and how it started its activities in order to achieve the goals he wanted, which revealed a crime. To get the materials to evidence in a crime case, the investigator should look for and gather information as complete of a witness who suffered, see and hear the events of the crime, in addition to the investigators at the crime scene at the time went to the crime scene should examine and collect signs and traces of the crime, including fingerprints. This research uses normative research, namely legal research conducted by examining the library materials or secondary data alone. The nature of this research is descriptive, namely: "A study that seeks to provide an overall picture, depth, about a situation or phenomenon under study. Utilization of fingerprints in the process of investigating the crime of theft in Police Boyolali than as identification can also be used as one tool in a criminal investigation to find suspects. In accordance with the purpose of the investigation is to identify those who have committed the crime and give evidence and facts or specific events in connection with any criminal offense, other than that fingerprints can also be used as legal evidence against one or absence of the accused. Barriers for the investigator to use fingerprints to reveal the criminal acts of theft, which is limited in the identification Police officers who follow vocational Boyolali identification so as not proficient (professional) in the process of taking fingerprints at the scene. The most dominant inhibitor is not utuhnya status QUO (authenticity of the scene) is a factor that is often caused by the victim and the community who want to know what has happened. So the scene was contaminated due to lack of understanding of the public about the role and meaning of the authenticity of the scene. Keywords: fingerprint physical evidence, investigations, the crime of theft
IMPLEMENTASI UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA TERKAIT PERLINDUNGAN HUKUM TERHADAP ISTRI SEBAGAI KORBAN KDRT SARI, SAVITRI RAHMA
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The purpose of this study examines the implementation of Law No. 23 of 2004 on the Elimination of Domestic Violence Related Legal Protection Against Wife As a victim of domestic violence. And examines the obstacles that arise in the protection of victims of domestic violence as a wife. Women are considered inferior to men, and he is a weak creature so easily suppressed. In addition, according to the author, violence is often left alone because of lack of understanding and awareness of the crime of domestic violence into a private family matter. This type of research used socio-juridical type of research, namely by reviewing the provisions of the applicable law and what happens in reality the community. The nature of this research is descriptive, namely: "A study that seeks to provide an overall picture, depth, about a situation or phenomenon under study. The results of the study that the application of criminal law to the crime of domestic violence in Case Number: 42/Pid.Sus/2013/PN.Ska criminal acts of violence committed in the domestic sphere in this case the husband against his wife. LEO KUNCORO PURNOMO SIDDI, Psi bin ST JOKO PURNOMO as, has been proven legally and convincingly guilty of the crime of "physical violence in the domestic sphere committed by husbands against wives that do not cause disease or obstruction in performing daily activities. Against the criminal defendant therefore, to imprisonment for 2 (two) months. Criminal mentioned above does not need to be undertaken in the future unless there is a decision that has obtained permanent legal force, before ending probation for four (4) months of the accused were found guilty of a criminal act. Constraints in the legal protection of victims of domestic violence as a wife that is 1) good law enforcement officers of police, prosecutors and judges have a diverse understanding of domestic violence. 2) law enforcement officials, especially the police and judge the difficulty of implementing the provisions of Act No. 23 of 2004 on the Elimination of Domestic Violence against legal protection for victims while and determination of protection. 3) The existence of marital status which is only held in church or customary and not recorded in a registry office or KUA. 4) The difficulty of proving violence on women as victims, where acts of violence committed by the people closest to the victim, such as husbands, parents, siblings or other nearby. Where it happened any other person makes it difficult to intervene. Key Words: Implementation, Elimination, Violence, Domestic, Protection, Wife, Victims

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