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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.
Arjuna Subject : -
Articles 172 Documents
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PROSES PELAKSANAAN LELANG TANAH DAN BANGUNAN SESUAI PASAL 6 UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN PADA KPKNL SEMARANG HIJROHWATI, LILIS
Dinamika Hukum Vol 11 No 1 (2020): DINAMIKA HUKUM
Publisher : Dinamika Hukum

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Abstract

The study aimed to investigate and to analyze the process of implementing land and building auction based on article 6 of responsibility right on KPKNL Semarang, to investigate and to analyze the lawsuit of disobeying law action in the auction by emphasizing the auction cancelation, to investigate and to analyze the law reality of lawsuit decision for the auction cancelation in court. Background. Several risks emerged could be effect of auction implementation. One of them was the civil lawsuit of the auction execution of article 6 of responsibility right regulation. It was stated that in lawsuit, the creditor regarded that the auction implemented by KPKNL had no any fair principle so that it needed law certainty in form of law decision. Research Method. The study was conducted with approach of analytical descriptive, which was a procedure or problem solving of the study conducted by describing the problem. The setting of the study was in KPKNL Semarang. Method of analysis used in the study was qualitative analysis and elaborated descriptively by using framework using method of jurisdiction view. It was data analysis deductively by analyzing data in general gotten to take specific decision. Conclusion. The first stage done by responsibility right auction implemented was that the holder of responsibility right auction proposed auction document to KPKNL by enclosing general and specific requirement document of the responsibity right auction object. The law decision of the law case No. 72/Pdt.G/2015/PN.Jpa, law case No. 33/Pdt.G/2018/PN.Unr, law case No.31/Pdt.G/2018/PN.Dmk, law case No. 20/Pdt.G/2019/PN.Pwd, law case No. 70/Pdt.G/2018/PN.Smg. of the five lawsuit, they had law decision been the justice decision by KPKNL Semarang, the one proposing lawsuit, the proposed lawsuit had to implement the decision, so it had law certainty and law fairness of land and building ownership. The justice decision stated that auction conducted by KPKNL Semarang was action done procedurally and the law formality had several reasons; those were: auction was a mechanism of market. In determining price, it merely was determined by demand and offer mechanism. The auction officials could not reject the auction proposal proposed. Auction conducted by auction official was by order, meaning that there must be proposal from the proposer/seller. Keywords: auction decision and responsibility right
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA PADA TAHAP PENYIDIKAN DI POLRESTA SURAKARTA K. PEA, MARIO AURELIUS
Dinamika Hukum Vol 11 No 1 (2020): DINAMIKA HUKUM
Publisher : Dinamika Hukum

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Abstract

The results showed that law enforcement at the stage of investigation of narcotics misuse in the Surakarta Police District Law area: receiving a report from the public, then making a Police Report after that made an Investigation Order and a Work Order then a member of the Surakarta Police Police took the first action at the place the incident was found by the suspect and evidence, then made a forced effort against the suspect in the form of arrest, search and seizure of the evidence and a urine test on the suspect in the Forensic Laboratory, followed by a Case Title to analyze the application of the article that will be suspected of the suspect, after completing the administrative investigation (making an Investigation Order) then the suspect is examined (the Investigator prepares Minutes of Investigation), then the suspect is detained for 20 (twenty) days and is carried out n extension of detention by the Surakarta District Prosecutor's Office for 40 (forty) days. Then in the process of Detention, the Investigator completes the Case File and sends the case file to the Surakarta District Prosecutor's Office and the case file is declared complete (P-21), after which the stage of sending the suspect and the evidence to the Surakarta District Prosecutor's Office is carried out. The obstacles in handling the narcotics abuse crime at the investigation stage in the Surakarta Police Regional Police jurisdiction are: 1) Lack of cooperation between the Police (Investigator) and the public, namely not wanting to report the occurrence of narcotics abuse criminal acts on the grounds that they do not want to be witnesses because they do not bother other people's business. 2) Perpetrators of criminal acts of narcotics abuse eliminate traces of time will be searched, giving convoluted information. 3) Limited facilities and infrastructure including vehicle facilities owned by the Surakarta Police to conduct patrols in each area deemed vulnerable. 4) Limited human resources (Police), namely the lack of professionals in conducting investigations that are increasingly difficult to detect, prevent and resolve properly. Keywords: Law Enforcement, Investigation, Criminal Narcotics Abuse

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