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Diponegoro Law Review
Published by Universitas Diponegoro
ISSN : 25409549     EISSN : -     DOI : -
Core Subject : Social,
Scientific Journal Publications S1 Faculty of Law, University of Diponegoro
Arjuna Subject : -
Articles 831 Documents
KEBIJAKAN HUKUM PIDANA DALAM PENANGGULANGAN TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH PEJABAT DAERAH Eko Soponyono, Pujiyono, Mochamad Yuliandra Ekaloga,
Diponegoro Law Review Vol 1, No 4 (2012): Volume 1, Nomor 4, Tahun 2012
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Abstract

Based on the facts and realities of the case, corruption in Indonesia appear to thrive, corruption mostly done by an officer / officials in the area. Criminal Law Policy can be defined as the general principles that serve to illustrate the government (in the broad sense, including law enforcement agencies) to manage, regulate or adjust public affairs, community issues or areas of drafting legislation and allocating legal / regulation with a purpose (general) directed to the welfare or prosperity of the people (citizens). In this regard, How the Criminal Law Policy Control of Corruption conducted by the Regional Officer Present and to Come?
PELAKSANAAN PROGRAM KEMITRAAN DAN BINA LINGKUNGAN (PKBL) PADA PT. PLN (PERSERO) AREA SEMARANG Budiharto, Siti Mahmudah, Rizky Dewi Anggorowati,
Diponegoro Law Review Vol 1, No 4 (2012): Volume 1, Nomor 4, Tahun 2012
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Abstract

Partnership and Community Development is one of CSR that must be implemented State-Owned Enterprises. In Article 2 of the state, requiring the State-Owned Enterprises to provide guidance and assistance to the economically weak entrepreneurs, cooperatives and communities. Based on this background, the authors do legal research entitled Implementation of the Partnership and Community Development at PT. PLN (Persero) Semarang area with problems: 1). How is the implementation of the Partnership and Community Development at PT. PLN (Persero) Semarang area, 2). What are the obstacles that arise in implementing the Partnership and Community Development at PT. PLN (Persero) Semarang area, and how to overcome them. The method used is the juridical empirical research using descriptive analytical specifications. The type of data in this study is primary data and secondary data. The method of data collection using interviews with a purposive sampling technique. The method of data analysis using qualitative methods. The results of the study implementation of the Partnership and Community Development at PT. PLN (Persero) Semarang area, governed by the Board of Directors Decision PT. PLN (Persero) No.336.K/DIR/2007 of Standard Operation Procedure (SOP) Implementation Program Partnership with Small Business Enterprises and Community Development Program/​​Environmental Empowerment Program Participation (PKBL/P3L), in accordance with what is stipulated in minister of state-owned enterprises No.:Per-05/MBU/2007 about SOE Partnership Program with the Small Business and Community Development Program. Obstacles that arise in the implementation of CSR is that many of them are stuck in the Patronage Partners timeliness principal payment and loan administration services, the number of proposals, but funds are limited. Handling cases of bad loans through rescheduling (rescheduling). While the proposals and deserves to receive aid distribution fund PBL but not sufficient, be included in the PBL next semester.
Pengangkutan Melalui Laut Budiharto, Sendy Anantyo, Herman Susetyo,
Diponegoro Law Review Vol 1, No 4 (2012): Volume 1, Nomor 4, Tahun 2012
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Abstract

The presence of adult sea freight is growing widely in many aspects of life, not least in terms of the implementation of the transport of cargo. This is shown by the growing demand for sea freight as the rapid movement of factors of production, the more necessary means of transport vessels connecting inter-island transportation costs are relatively cheap and able to haul stuff in a lot of weight and volume as well as. In this case the carrier responsible for the safety and security of goods that he brought the goods in accordance with the type and amount stated in the document content and/or agreement or contract of carriage that has been organized according to legal sources in Indonesia sea transport arrangements and internationally. Responsibility incurred as a result of the operation of the ship, a destroyed, lost, or damaged goods transported, passenger transport delays and/or goods transported. Therefore, the liability carrier required a legal protection for the sender or recipient of goods to protect the rights and interests, both litigation and non-litigation.
TUGAS DAN WEWENANG DEWAN PERWAKILAN RAKYAT DAERAH (DPRD) DALAM PELAKSANAAN FUNGSI ANGGARAN PENDAPATAN DAN BELANJA DAERAH (APBD) PROVINSI JAWA TENGAH PERIODE 2009 -2011 Amiek Soemarmi, Indarja, Hasan,
Diponegoro Law Review Vol 1, No 4 (2012): Volume 1, Nomor 4, Tahun 2012
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Abstract

Law Number 32 Year 2004 Article 42 paragraph (1) of Local Government, confirmed that the Council has the duty and authority to discuss and approve the draft law on budget in conjunction with the Regional Head. It is included in one of the functions of the Council are set out in the budget function Act No. 32 of 2004 Section 41. Such provisions also apply to the Central Java Provincial Parliament. This research was conducted in the Central Java Provincial Parliament in order to determine the duties and authority of legislatures in the budget to carry out the functions of the local budget (Budgets) and Central Java province to find out the problems faced in carrying out the functions of Council budget for the Central Java provincial budget as well as efforts to overcome these problems. Data collection method used is the study of legislation, books, papers, and other referansi related problems, namely data collection and interviews by asking questions verbally guided by the principle of non-respondents, namely leadership of Parliament and Secretary of the Central Java Provincial Parliament Povinsi Central Java. Analysis of the data from this study will be analyzed by descriptive qualitative analysis is based on the potential validity or quality data kaitanya closely with the object of research. Based on these results, the authors concluded that the duties and functions of the authority of Parliament in the implementation of the budget to the local budget (budget) of Central Java Province Period 2009-2011 is very big and important as the Central Java Provincial Parliament in carrying out the functions of the budget to budget not only limited work together with the local government in preparing budget then menetapkanya, but also to supervise the implementation of the budget, so without the intervention of Parliament in the budget of the budget function invalid and unenforceable because it means there is no executive agreement with the legislature. Hindrances faced by the legislature in the budget to carry out the functions of the local budget (budget) of the province of Central Java is the Period 2009-2011: Plans for Local Government Unit Budget less innovative and less well delivered, time sometimes delayed discussion of of schedule because the mechanism does not meet quorum, the incompatibility of local fiscal capacity, Increased Expenditure, exceptional circumstances / emergency financing policy. The Parliament attempts to resolve the problem are: Appealing Local Government Unit (SKPD), suspended the meeting to be continued the following day without closing tightly so quorum mechanism to streamline budgets are met and if possible, then made changes to the budget.
PENGELOLAAN LIMBAH DI PT PHAPROS SEMARANG BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG Retno Saraswati, Andreawan Aditya Wiharmoko, Untung Sri Hardjanto,
Diponegoro Law Review Vol 1, No 4 (2012): Volume 1, Nomor 4, Tahun 2012
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Abstract

The study is titled: Waste Management in PT. Phapros Semarang, Based on the Act No. 32 of 2009 on the Protection and Environmental Management. The background of this research is PT. Phapros Tbk. Semarang engaged in the pharmaceutical field. Processing of these drugs can result in liquid waste and solid waste that can lead to the surrounding environment and become polluted and unhealthy, then PT. Phapros Tbk. perform first processing of all waste generated. Waste management is carried out by a waste treatment facility located at the Public Services and Household, under the Ministry of Human Resources. Waste resulting from the production process should not be a contaminant to the environment around the plant, especially for the surrounding population. As the formulation of the problem is what are the different types of wastes contained in PT. Phapros Tbk? How sewage PT. Phapros Tbk? What about the implications for waste management violations PT. Phapros Tbk?. The purpose of this study were 1) to determine what types of waste are the results contained in PT.Phapros Tbk, 2) To know how to or waste treatment drugs on PT. Phapros Tbk; 3) To determine whether there are implications of industrial waste PT. Phapros Tbk.
PEMBERIAN HAK ATAS TANAH TERHADAP TANAH NEGARA PADA KANTOR PERTANAHAN KOTA SEMARANG Hj. Endang Sri Santi, Triyono, Dika Anggoro Putra,
Diponegoro Law Review Vol 1, No 4 (2012): Volume 1, Nomor 4, Tahun 2012
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Abstract

Land Rights for State land can be given to an individual or a legal entity according to the allocation and needs, which can include Property, Broking and Right to Use. Research Objectives know Granting Rights to Land on State land, the problems that often arise and how to overcome them. Methods normative juridical approach to the study area of Semarang Land Office. The research subjects are those involved in the provision of State Land Rights. Primary and secondary data obtained through literature study and field survey with data collection tool is the study of legislation and qualitative analysis of unknown processes Wawancara.Berdasarkan Granting Rights to Land on State land, in principle, is going according to the legislation in force. But in fact there are still problems that arise, namely the issuance of Decision Granting Rights to Land State still on time. To overcome given a very clear explanation to the applicant and the parties resolved to be guided by the principle objection Kontradiktur Dilimatie which deal in setting the boundaries of land, the people and the community aware of the importance of legal certainty.
Putusan Hakim Dalam Penjatuhan Pidana Pembayaran Uang Pengganti (Studi Kasus Pengadilan Tipikor Semarang) Pujiyono, Sukinta, Anna Thresia Silitonga,
Diponegoro Law Review Vol 1, No 4 (2012): Volume 1, Nomor 4, Tahun 2012
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Abstract

Corruption is a crime that can undermine the values ​​of democracy and morality, because it acts slowly as a culture. Where in the case of corruption found many problems une of them on payment of compensation under the provosions of Law No. 31 of 1999 Jo. Law No. 20 of 2001, judge legal considerations, constraints judge in the imposition of criminal and efforts to overcome it. The research method used in the writing of this law is a normative juridical approach, an emphasis on the study of jurisprudence, beginning with an analysis of the law governing the Corruption, especially in the chapters relating to the payment of compensation issues. Besides normative juridical approach also uses empirical juridical approach is a method by studying the constraints faced by the Judge in the case of criminal punishment for compensation and seek ways to overcome these obstacles. From the results of research by the author, or the results obtained the conclusion that if the guilty party does not pay the compensation that should be his property seized by prosecutors and auctioned off to cover the compensation. Before the judge impose additional criminal, he must first be able to see the criminal elements in the Article 18 of Law No. 31 of 1999 Jo. Law No. 20 of 2001. In addition, the judges must see first whether the defendant enjoys the results of his alleged corruption. If it is not proven that he can not be imposed additional punishment. So the judges do not experience problems because judges in deciding its properties here just to use the Act only.
IMPLEMENTASI PERATURAN DAERAH KOTA SEMARANG NOMOR 13 TAHUN 2011 TENTANG PAJAK BUMI DAN BANGUNAN DALAM MEWUJUDKAN DESENTRALISASI FISKAL Henny Juliani, Isfariyanto, Noor Rahadjo,
Diponegoro Law Review Vol 1, No 4 (2012): Volume 1, Nomor 4, Tahun 2012
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Abstract

Economic development in the region is one of the goals of the government. Therefore, it required the efforts of the central government and local governments to increase budgetary revenue and expenditure. In order to realize the success of regional autonomy in accordance with Law No. 32 of 2004 jo Law Number 12 Year 2008 on Regional Government, the City of Semarang on demand capabilities in terms of providing funds for the administration and development of the sector especially in the area of local tax. In limpahkannya authority land and building tax (PBB) from the central government to the regions as an effort to increase revenue mainly from local taxation sector.The method used in this research is empirical juridical approach, the specification of descriptive analytical study, where the informants, the types and sources of data derived from field observations and literature study. What the research conducted at the Department of Finance and Asset Management District (DPKAD) of Semarang, the method of analysis, qualitative data analysis, verification or validation technique where the data were trigulasi.Land and Building Tax (PBB) as a very important local tax to be implemented in order to increase Revenue and Expenditure (Budget). For serious step that´s needed for any local government to develop regional regulation as a basis for land and building tax collection. Preparation of Regulation on Land and Building Tax is a mandate of Law Number 28 Year 2009 on Regional Taxes and Levies, for land and building tax no later than December 31, 2013 the area had already made the Regulation on Land and Building Tax. Department of Finance and Asset Management District (DPKAD) Semarang as local agencies authorized to manage and administer local finance began in 2012 independently manages the Land and Building Tax (PBB), with the formation of Semarang Regional Regulation No. 11 Year 2011 on Land Tax and The building, in pewujudkan fiscal decentralization based on Law No. 32 of 2004 jo Law Number 12 Year 2008 on Regional Government.
KONTRAK KARYA PERTAMBANGAN PT. FREEPORT DENGAN PEMERINTAH INDONESIA Ery Agus Priyono, F.X. Joko Priyono, Edho Chermando,
Diponegoro Law Review Vol 1, No 4 (2012): Volume 1, Nomor 4, Tahun 2012
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Abstract

Mining in Indonesia are increasingly mushrooming in Indonesia as a country that has the natural resources abundant to well-known in foreign countries, so many foreign businessmen interested to invest in Indonesia is therefore a form of cooperation is on offer by employers This stranger is a contract where it is the work of the foreign investor and the government of Indonesia. When in a contract need to consider several principles, namely principles of balance, the principle of freedom of contract and the principle of proportionality in terms of rights and obligations of each party, As well as checking menegenai terkadung several articles in the work contract of Civil Code section 1320. The second issue is the breach of contract committed by one party that does not menajalankan obligations under the contract the work. The method used by the authors in this research is the normative juridical method in which the author was just doing research about the contents of the contract or peel some of the provisions contained in the contract work. And compare with some of the theory to current contract. From the results of research on contract work of PT. Freeport Indonesia with the Indonesia government finally authors found that the contract by PT. Freeport Indonesia has embraced the principle of freedom of contract in the know of the contents of the contract is made by those who wish to perform the contract only and does not violate the current u, the principle of balance as well as both sides want each party to meet and implement the agreements and the principle of proportionality regarding the distribution of rights acquired by each party is in conformity with the letter contract and each chapter is in accordance with Article 1320 Civil Code. Regarding the breach of contract also stipulated in the contract work is about abitrase. Ie one that has been agreed by the respective parties to a treaty, ie the investor and the government of Indonesia.
KEBIJAKAN HUKUM PIDANA TERHADAP PERILAKU PENGUSAHA DALAM PRODUKSI, PENYIMPANAN DAN PENJUALAN OBAT-OBATAN TANPA KEAHLIAN DAN KEWENANGAN SOPONYONO, WIDIARTO PURWOTO, EKO,
Diponegoro Law Review Vol 1, No 4 (2012): Volume 1, Nomor 4, Tahun 2012
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Abstract

The circulation of Counterfeit medicines more increase, it’s be influence Pharmacy industry and Producer too. The composition in the market can be harmfully because of Many consumed, include generic and counterfeit The recht staat Policies research in producer behavior to produce, warehouse and sell of medicine without expert and authority have 2 problems:  Criminal Law Policies in restrict the  producer  behavior  to  produce,  warehouse  and  sell  of  medicine  without  expert  and authority at present? Criminal Law Policies  in restrict the producer behavior to produce, warehouse and sell of medicine without expert and authority at the next? Writer  do  researching  with  Empiric  juridical  approach  methode,  Empiric  yuridis approach   method   is  procedures  to  solve  problem  with  second  information,  Primary information in the fact, dan Task of Badan POM in protect Consumer medicine product is law in action and the effects of changes producer can be restrict abuse of consumer  law ( Nomor 8 Tahun  1999) Can be Concluded as Criminal Law Policy into the producer behavior to  produce, warehouse and sell of medicine without expert and authority can be feel Ineffective becaus imprisonment sentenced. Make  less with the applied Criminal Law Policies of producer behavior   can round up who ‘s product as in law the code of conducts as the rules

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