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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 6 No 1 (2015): DINAMIKA HUKUM" : 12 Documents clear
IMPLEMENTASI UU NO. 41 TAHUN 1999 TENTANG KEHUTANAN (Penegakan Hukum Pada Tahap Penyidikan Terhadap Kasus Illegal Logging Di Polres Wonogiri) SUPADI, SUPADI
Dinamika Hukum Vol 6 No 1 (2015): DINAMIKA HUKUM
Publisher : Dinamika Hukum

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Abstract

The purpose of this study is to examine and analyze the implementation of Law No. 41 Year 1999 on Forestry that law enforcement in the investigation phase of cases of illegal logging, as well as assess and explain the constraints faced by law enforcement in the investigation of cases of illegal logging in Police Winton Illegal logging (logging), all the people of Indonesia have been very familiar with this term. Every day discussed, even has always been a very hot topic amid the fundamental problems of this nation. Some claimed that illegal logging is a crime that is incalculable. 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 descriptive analytical study. Will be analyzed descriptively object under study, in this case regarding the implementation of Law No. 41 Year 1999 on Forestry in law enforcement in the investigation stage of illegal logging cases. Results of research and discussion process interrogate suspected of committing criminal offenses in the field of forestry, especially illegal logging should be subject to the Act No. 41 of 1999 which also can not be separated from the clauses in the Code of Criminal Procedure (Code of Criminal Procedure) concerning the investigation and then apply the procedural law guided by the Code of Criminal Procedure. Investigators Civil Servant more active role in investigating the crime of illegal logging terhadp this always caused by the limitations faced by police investigators, particularly the limitations of personnel in the field investigators. In addition, lack of knowledge in a particular field causes the Police are not able to handle all criminal offenses that occur. Obstacles encountered in the implementation of criminal investigations forestry, among others, the lack of legislation regarding criminal acts, the infrastructure is still lacking, there is a lack of community participation in the implementation of criminal investigations of illegal logging, an area with a number of personnel INP is not balanced, there are many differences in perception between the communal land boundary commensurate with the State forest (rainforest), as well as the place or difficult terrain to be taken in carrying out criminal investigations of illegal logging. Keywords: Implementation, Law Enforcement, Investigation, Illegal Logging
KEKUATAN HUKUM PREAMBULE UUD 1945 DALAM SISTIM HUKUM KETATANEGARAAN REPUBLIK INDONESIA (Studi Hermeneutika-Fenomenologi, Metastudi-Metateorisasi, Dan Perbandingan Sistim Hukum Tata Negara) POLAMOLO, SUSANTO
Dinamika Hukum Vol 6 No 1 (2015): DINAMIKA HUKUM
Publisher : Dinamika Hukum

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Abstract

The purpose of this study is to examine and analyze the force of law Preamble 1945 in the Indonesian legal system of the State governance, both at the level of legal theory and praxis. Background problem from two issues, first, about the historicity Preamble that in many studies present with different explanations, particularly in relation to the history of the birth of Pancasila. Secondly, in the case where the theoretical Preamble scientifically unexplained laws, especially how the strength and position of legally binding and guiding rule of law under the 1945 Constitution. The method used them, from the point of nature is divided into three types, namely exploratory, descriptive, and explanatory. A multidisciplinary focus on a mix of several existing science, in this case as hermeneutic-phenomenology, meta study-meta theory, and comparative constitutional law system of the State. In addition, this study in relation to Preamble 1945 also examine and analyze legal doctrinal and non-doctrinal. While the shape of the corner, this research focuses on three things: first, to diagnose because the emergence of a problem begins from historicity, to the problem of theorising law, following the practice. Secondly, it aims to give an overview prescriptive fit the facts. Third, do a critical evaluation. The results of the research points to three main conclusions, first, history Preamble formulation loaded with manipulation of facts, especially related to the Pancasila. Second, the law scientifically, there are complications surrounding hirearki theoretical law and legal sources in assessing Preamble both its existence and its significance as a legal text. The complications associated with issues such as text meta-yuristik Declaration of Independence in 1945 and Pancasila. Third, the legal framework regarding the inventory of where lies Preamble as a source of law and within the law in Indonesia hirearki not get significant position, although its strength doctrinally and objective circumstances empirically demonstrated, that Preamble born a juridical act, in the nature of space consensus philosophical-juridical. Keywords: History, Power of Law, Legal Force, Comparative Legal Systems

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