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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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TINJAUAN YURIDIS PERALIHAN HAK TANAH DESA UNTUK KEPENTINGAN UMUM (Studi Kasus Di Desa Ngringo Kecamatan Jaten Kabupaten Karanganyar) PRAKOSO, ADHITYO BAGUS
Dinamika Hukum Vol 6 No 2 (2015): DINAMIKA HUKUM
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The purpose of this research is to study about the implementation of the exchange of village land for the public interest, especially in the village Ngringo, district Karanganyar district Jaten and review of the juridical exchange of village land for public purposes. Background research that the transfer of rights over land in the village Ngringo District of Jaten Karanganyar under Article 15 paragraph (1) of the Regulation of the Minister of Home Affairs No. 4 Year 2007 on the Management of Intellectual village stating that the wealth of the village in the form of village land should not be made a waiver of ownership to the other party, unless used for the public interest. The method used is based on the formulation of the problem and research objectives, consisting of the approach is the problem of dogmatic research is a legal study that looked at the law as a positive norm in the legal system. The data used is secondary data and data collection methods using literature study. Methods of data analysis using the deduction method that stems from the basic principles of a general nature, to be drawn to things that are more specialized. Method of deduction starting from a common law rule on the case at hand. The results of this study is rural land is a potential wealth of the village and the village owned or controlled by the village in accordance with the customs and culture of the local community in order to optimize revenue villages. Changes in the function and status of property ownership village one village land is permitted only on the reasons for government development projects or exchanged for other land more productive or profitable village or release with a more favorable compensation villages so there is no loss to the state. Definition of public interest as defined in Article 15 paragraph (1) Regulation of the Minister of the Interior No. 4 of 2007 on Intellectual village that is described in detail the definition and limitations, thus simplifying the implementation. Keyword : Transitional Rural Land Rights
UPAYA KEPOLISIAN LALU LINTAS DALAM MENANGGULANGI PELANGGARAN LALU LINTAS YANG DILAKUKAN OLEH ANAK SEKOLAH DI KOTA SURAKARTA (Studi Kasus Di Polresta Surakarta) KUSUMA AYU, ANISA TERRI
Dinamika Hukum Vol 6 No 2 (2015): DINAMIKA HUKUM
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The purpose of this research is to examine about efforts to combat the traffic in tackling traffic offences committed by school children and examine what factors are causing the traffic offences which violated by school children in the city of Surakarta. Nowadays it is known that transport has an important role and strategic to solidify the embodiment of insights, national resilience, reinforces and strengthens the relationships between Nations, and in an attempt to achieve national objectives based on Pancasila and the 1945 Constitution. Problems that have been encountered myriad violations encountered over the years and various circles of the employees civil servants to any school kids get involved. Act No. 22 of 2009 is expected to regulate the road users to be more careful and can comply with the rules are already set. This research is the juridical sociological legal research using the diskriptif method. The location of the research in Polresta located in Surakarta. And data collection techniques that are used in obtaining the necessary data by way of study in library and study field. The results of this research show that the cause of the violations committed by school children is the human factor. Types of violations committed by school children are passengers more than 1 (one), a violation for not using helmets, unaware of the can meunjukan vehicle registration or driver's license and violation of running red lights because of the occurrence of traffic offences related to human factors in Surakarta due to several reasons including the following: want to save time and costs, less concerned with security in driving, want to fast to the goal , as well as the attitude of the forgotten or neglected and no doubt for the style in the environment of school children. While the efforts made in reducing Traffic Police traffic violations by motorists is rolling out a traffic patrol on a regular basis as a form of preventive methods and sanctions on violators of motorcycle according with the offense as a manifestation of the repressive methods. Keywords: Traffic Violations, School Children
KAJIAN HUKUM TERHADAP PENINGKATAN HAK GUNA BANGUNAN MENJADI HAK MILIK DI KABUPATEN WONOGIRI EMAWATI, ANITA
Dinamika Hukum Vol 6 No 2 (2015): DINAMIKA HUKUM
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The research objective is to study and to analyze the building rights improvement to become properties rights in the district of Wonogiri and the legal consequence of the building rights improvement implementation to become properties in the district of Wonogiri. The background of the application of the law, including legal protection of property rights on land with the status alteration to become properties rights based on the applicable Government Regulation, referring to Government Regulation No. 24 year 1997 related Ministry of Agriculture’s decision No. 6 of 1998. Therefore granting property rights to land should be based on the Ministry of Agriculture of No. 6 of 1998 on the granting of property rights to land for house live and regulations that accompany it. It is an aspect of the provision of public welfare in rights improvement. Keyword : Building Rights Improvement to Become Properties Rights
ANALISIS YURIDIS PUTUSAN HAKIM MENGENAI PERKARA INFORMASI DAN TRANSAKSI ELEKTRONIK (Studi Kasus Putusan Hakim Nomor : 19 / Pid.Sus / 2011 / PN.Ska) WIDHIATMO PUTRO, ARY
Dinamika Hukum Vol 6 No 2 (2015): DINAMIKA HUKUM
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The purpose of this study is to assess the legal reasoning used Judge in case Number: 19 / Pid.Sus / 2011 / PN.Ska associated with the purpose of Act No. 11 of 2008 on Information and Electronic Transactions in protecting the public and users of Information and Electronic Transactions. The background of the research, the main aim of the law No. 11 of 2008, which are providing security, justice, and legal certainty for users and providers of information technology. The research method consists of this kind of research is a normative legal research, using the approach of legislation and case approach. Legal materials used include the primary legal materials such as Law No.11 of 2008, secondary law such as the Law Dictionary, Dictionary Indonesian, English Dictionary. The results showed that in deciding the case analyzed in this study, the judge has fulfilled the juridical, sociological and philosophical applied proportionately and balanced. Considerations in the Surakarta District Court Case Number: 19 / Pid.Sus / 2011 / PN.Ska is in conformity with the purpose of the Act No. 11 Year 2008 on Information and Electronic Transactions in protecting the public and users of Information and Electronic Transactions. Keywords : Act No. 11 Year 2008 on Information and Electronic Transactions, Information and Electronic Transactions
PELAKSANAAN PERPANJANGAN ATAU PEMBAHARUAN HAK GUNA BANGUNAN DI ATAS TANAH NEGARA PADA KANTOR PERTANAHAN KABUPATEN WONOGIRI RAHAYU, BUDI
Dinamika Hukum Vol 6 No 2 (2015): DINAMIKA HUKUM
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In the setting of the Renewal and Reform Implementation of Right to Build (HGB) as stipulated in Government Regulation No. 40 of 1996 and PMNA / KBPN No. 9 of 1999 in fact there is a difference in the meaning of both. In this regard an important and interesting to study about how the implementation of extension and renewal of Broking in Land State In Wonogiri District Land Office. The aim is to assess the implementation of the extension and renewal HGB on land by the State Land Office Wonogiri and legal certainty. The approach used in this study is empirical juridical. The data used is primary data sourced from the relevant authorities in the implementation of the provision of extension and renewal HGB in Wonogiri District Land Office, as well as secondary data obtained from the materials related laws and relevant. In general, based on interviews with the competent authorities in the process of granting the extension and renewal of HGB Land Office Wonogiri and is reinforced by the evidence of the application for the extension and renewal of the HGB shows that the expiration date of the HGB, date of registration and the publication of the decree are in a grace 2 years. Related to the research results it can be concluded that the implementation of the extension and renewal of HGB at Wonogiri District Land Office to comply PMNA / Ka.BPN No. 9 of 1999. The guarantee legal certainty in the conduct of the extension and renewal can not be separated from the argument HGB officials also consider the decision maker public service. Keywords: Building rights, the State Land
KAJIAN YURIDIS PELAKSANAAN IZIN PERUBAHAN TANAH DARI LAHAN PERTANIAN KE NON PERTANIAN DI KABUPATEN KLATEN DALIMAN, DALIMAN
Dinamika Hukum Vol 6 No 2 (2015): DINAMIKA HUKUM
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The purpose of this study wanted to examine the implementation of land use change permit from agriculture to non-agricultural land in the district of Klaten and knowing the obstacles and how to overcome these barriers. Background research, Klaten district several years shows the development progress quite rapidly, seen with the emergence of various public facilities, good service area which is knots activity or not. Based on the reference control approaches, it is necessary to realize an alternative policy, which is expected to solve the need for control over the land. The research method consists of this kind of research is normative or doctrinal nature descriptive study, the data used mainly secondary data including primary legal materials such as 1945, Law No. 5, 1960 regarding the Basic Regulation Agrarian Law No. 26 of 2007 on Spatial Planning, Law No. 32 of 2009 on the protection and management of the environment, the Act No. 41 of 2009 on the protection of agricultural land sustainable food., Government Regulation No. 16 of 2004 on land stewardship, Klaten District Regulation No. 11 of 2011 on Spatial Planning Klaten district in 2011-2031. In addition, journals, magazines, dictionaries, and the doctrine relevant to the object of research. The results showed that the implementation of land use change permit from agricultural to non-agricultural land in the district of Klaten in accordance with the laws and regulations that are used among the 1945 Constitution article 33, paragraph 3, of Law No. 5 of 1960 on the Basic Agrarian Law, Law No. .26 of 2007 on Spatial and Klaten District Regulation No.11 of 2011 on Spatial Planning. Caused every year there is a change of land use for drying paddy, this does not violate the provisions of the legislation. It also does not violate the provisions of the RTRW Klaten district, because compliance with zoning-zoning that has been set in the RTRW Klaten district. Keywords: execution permits the change of agricultural land to non-agricultural.
KAJIAN PENYELIDIKAN DAN PENYIDIKAN TERHADAP PELAKU KEJAHATAN TINDAK PIDANA PENCURIAN DAN PENADAHAN SEPEDA MOTOR ( Studi Kasus Di Polsek Jebres Surakarta ) SUKOCO, DIRGANTARA PRADIKTA
Dinamika Hukum Vol 6 No 2 (2015): DINAMIKA HUKUM
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The purpose of this study to examine the mechanism of inquiry and investigation against the perpetrators of criminal acts of theft and fencing motorcycle happened Jebres police jurisdictions when viewed from the perspective of normative juridical. When viewed from the perspective of normative juridical and whether in the investigation, Article 480 can stand alone without the main perpetrator or perpetrators must coincide with a major theft. Background number of criminal offenses or violations of the laws and acts that deviate from the rules of law, especially the crime of theft, where the offense was committed openly. The type of research used in this research is normative juridical. Secondary data were collected by reviewing the substance of the norms in the Act. The data that has been analyzed using qualitative descriptive method with inductive reasoning methods. Inductive intended for inquiries and investigations against perpetrators of criminal acts of theft of motorcycles and linked to the perspective adopted. This type of research is a normative juridical research. Therefore, in the method of data collection used interviews as a data collection tool that is fundamental to explore primary sources. It is also used to support the data collection tool in the form of documentation. Data collected through interviews and documentation in order to conduct data searches. Based on the results of this study concluded the crime of fencing and the crime of theft is a crime that is different / separate / stand alone set out in clauses differently, the elements of the crime were different so even though the crime of fencing the motorcycle thief unknown file the case can be expressed P-21 for the prosecution related fencing. It is worthy thieves are known to facilitate the examination of evidence in court even though it is not absolute. Keyword: Offence, Theft, Investigation
KAJIAN HUKUM TENTANG DELIK PENGGELAPAN Studi Kasus Putusan Pengadilan Negeri Surakarta (Nomor: 05 / Pid.B / 2015 / PN. Skt dan Nomor: 169/Pid.B/2014/PN Skt) WISENO, DJOKO
Dinamika Hukum Vol 6 No 2 (2015): DINAMIKA HUKUM
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The purpose of this research is to review and to analyze the implementation of the legal consideration of judges in convicting toward the offense perpetrator of embezzlement on district court decision and comparison of judge’s decision in the crime of embezzlement on Surakarta district court.Research focus background is based on the aspect of material penal law implementation existence by legal prosecutor toward crime of embezzlement and what the legal considerations are in deciding crime of embezzlement cases. Whereas the case which being analyzed is the legal review about acts of embezzlement offense (Case Study of District Court of Surakarta’s decision no: 169/Pid.B/2014/PN Skt and as the comparison decision no 05/Pid.B/PN.Skt). Keyword : acts of embezzlement offense and judge’s decision
TINJAUAN YURIDIS TERHADAP PELAKSANAAN PUTUSAN HAKIM TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA DI WILAYAH HUKUM KABUPATEN SLEMAN PAMUNGKAS, HINDRA
Dinamika Hukum Vol 6 No 2 (2015): DINAMIKA HUKUM
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The purpose of this study was to assess the enforcement of a criminal offense in households and bottlenecks in the implementation of decisions that occurred in the jurisdiction of Sleman in the perspective of the criminal justice system. Background research that if the terms of the normative which is based on legislation and cases that occur, domestic violence occurs not only done by men to women but can be done by anyone aged adults. This type of research is normative juridical, using the approach of the legislation and the case. Secondary data were obtained with the study of literature, while the primary data diperileh by interview. Samples of selected cases are cases that have been “inkracht”. From the study it can be concluded that in carrying out the judge's decision, there are factors that support and hinder the implementation of a decision, among others, the defendant received the verdict and did not file legal action, while inhibiting factor verdict is much lighter than the prosecution so as not comparable with the acts committed. Keywords: Decision Execution Judge, Domestic Violence
PENERAPAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK (Studi Tentang Penerapan Diversi Di Wilayah Pengadilan Negeri Klaten) WAHYUNINGSIH, IRMA
Dinamika Hukum Vol 6 No 2 (2015): DINAMIKA HUKUM
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Diversion is the provision authorizes law enforcement officers to take measures wisdom in handling or resolving the violation of children by not taking a formal include a stop or discontinue or release of the criminal justice process or to return or hand over to the public and other forms of service activities other social. The research objective was to examine the role and the diversion of children in conflict with the law based on the Constitution of the Republic of Indonesia Number 11 of 2012 on the Criminal Justice System Child and assess the stages after the process of diversion successful until the rising of the determination of the diversion of the Chairman of the Court Klaten and obstacles in the implementation of diversion. The research method is a combination of normative and empirical, which examines the legal norms and also observe the implementation of the Law of the Republic of Indonesia Number 11 of 2012 on the Criminal Justice System Child, research methods based on the specification of the research and data collection tools. The results of the research that the diversion is done in the judicial process both at the level of investigation (police), prosecution, and in court (the Court). In the diversion is done through consultations involving children and parents, or his representative, supervisor of social and professional social workers. After the diversion is completed, then the agreement diversion was submitted by the direct supervisor responsible officials at each level of scrutiny to the district court within the legal jurisdiction within a period of three (3) days after the agreement signed diversion, and then issue the determination by the Chairman of the Court. Keywords: Law No. 11 of 2012, Diversion

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