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Sulistyawati, Saras

DINAMIKA HUKUM 2019 Universitas Stikubank

 Human Trafficking is an act of recruitment, shelter, sending, transferring, or accepting someone with the threat of violence, using violence, kidnapping, confinement, counterfeiting, fraud, abuse of power or vulnerable positions, debt bondage or paying or benefits, so obtain approval from the person who holds control over the other person, whether carried out within the state or between countries, for the purpose of exploitation or to result in exploitation (Law Number 21 of 2007 concerning the Eradication of Crimes in Trafficking in Persons).           This study aims to analyze aspects of judges' consideration of the criminal termination of perpetrators of trafficking in persons in Decision Number 632.K / PID.SUS / 2016 and Decisions Number 1447.K / PID.SUS / 2016, covering juridical, philosophical, and sociological aspects. Juridical aspects are based on the existing legal umbrella and judge as the applicator, sociological aspects, namely the application of the law concerning the values ​​of society in order to create legal justice, and philosophical aspects that are based on the value of truth and justice.           This research is a type of normative juridical research that focuses on studying the application of positive legal norms or norms.           The problem in this study regarding the basis of the judge's consideration in imposing criminal sanctions against perpetrators of trafficking in persons and the comparison of judges' considerations related to criminal imposition of perpetrators of human trafficking in decisions No. 632.K / PID.SUS / 2016 and Decisions Number 1447.K / PID.SUS / 2016.           From the results of this study indicate that, the application of the law where the judge as the applicator is in accordance with the values ​​of the law, and the community, but still very minimal or the need for more policies on victims of trafficking, namely the right to restitution (restoration of the rights of victims from trafficking).

Fitika Andraini, Tira Hana Kristina,

DINAMIKA HUKUM 2019 Universitas Stikubank

Freight of goods and passengers in Indonesia With the availability of goods and transportation needed by transportation, there are many entrepreneurs or transportation service companies in the three transportation routes. PT. Pandu Logistik is a company engaged in the transportation of goods which is a legal entity in the Commercial Postal Service as stipulated in article 18 paragraph (1) of Law Number 38 of 2009 concerning Postal. During the process of shipping goods sometimes it does not need to be done with problems, for example regarding expenditures, both originating from nature, human actions or from the nature of the goods themselves. In answering this law, the approach method is carried out using the sociological juridical method with descriptive analytical specifications and the analysis is done qualitatively. The results of this study indicate that the standard agreement in the transportation agreement determined by the carrier according to the position of the parties is not balanced and there is no freedom of transfer to determine the contents of the agreement. Factors that cause ownership change, damage or loss of goods in PT. Pandu Logistics is 2 factors, the first factor which is a factor of PT. Pandu Logistik itself and the second is external factors such as circumstances and accidents that cannot be done in the transportation of goods. The responsibility of PT. Pandu Logistics Semarang for lost or damaged goods that is by way of compensation of 10 times the shipping fee or a maximum of Rp. 1,000,000 (one million rupiah), except if PT. Pandu Logistik Semarang can prove right and wrong that PT. Pandu Logistik Semarang, apart from the negligence and mistakes of the sender of the goods or because there is something about the cargo that does not reach the recipient of the goods, this is what frees PT. Pandu Logistik from Semarang sent by the goods sender. This is in accordance with article 10 paragraph (2) letter i Government Regulation Number 15 Year 2013 concerning Regulation Number 38 Year 2009 concerning Postal   Keywords: Standard Agreement, Factors, Responsibility, Delivery of Goods

Safik Faozi, Ragil Wahyuningsih,

DINAMIKA HUKUM 2019 Universitas Stikubank

The occurrence of crime is caused by several factors, namely criminal biology, criminal psychology, and criminal sociology. Even though there are many factors related to an offender committing an act of sexual abuse based on that basis, I took a research entitled: "Criminological review of the causes of people committing an act of sexual immorality (Study of the Demak State Decision No.115.Pid.Sus / PN / Dmk August 10, 2016) ". Formulated as follows what factors cause people to commit criminal acts of sexual abuse? And what about the criminology review of the perpetrators of obscene criminal acts in the Demak District Court for the study of obscene decisions based on the decision of the Demak District Court No.115.Pid.Sus / 2016 / PN / Dmk 10 August 2016 ?. A type of sociological juridical study, the specifications of this study are analytical descriptive. Descriptive qualitative analysis data with the aim of describing the exact characteristics, state of symptoms of a particular individual or group can be concluded later stages. Based on the research results obtained: the conclusion of biological factors, psychological factors, sociocultural factors. Criminal psychology factors on the condition of the perpetrators can be seen from the way they do, sociocultural factors seen from the economic conditions, changes in the social status of rural communities to the city. Crimes related to criminal psychology, criminal biology, sociocultural: 46 year old convict R as a criminal biologist who committed crimes such as sexual abuse, convicted R male sex. Biologically criminal acts of sexual abuse committed by men rather than women, convict R has a normal mental state that psychologically has the ability to be responsible for the crimes committed.   Keywords: Criminology, Causes of Crimes, Crimes for obscenity.  

-, Supriyanta

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

AbstractThe philosophy of science divides a study into two point of views, those are; positivistic which creates empiric study, and normative which creates normative study. The law study has both of those characteristics; in one hand, it has the real characteristics as a normative study; in the other hand, it has empiric characteristics which, later on, become the object study of sociological jurisprudence and socio legal jurisprudence. Therefore, if it is observed from this point of view, it can be concluded that the normative law study has a particular method of study, while empiric law study can be researched by qualitative or quantitative research methodology towards the characteristics of the data. Keywords: the philosophy of science, sociological  jurisprudence, socio legal jurisprudence