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SOL JUSTICIA

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Published by Universitas Kader Bangsa

ISSN : 26557622 EISSN : 26557614 DOI : https://doi.org/10.54816/sj.v5i2

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Sol Justicia Magister Ilmu Hukum Universitas Kader Bangsa merupakan kumpulan karya tulis ilmiah yang diharapkan mampu mewujudkan Tri Dharma Perguruan Tinggi, khusunya di bidang penelitian dan pengabdian kepada masyarakat. Jurnal ini juga menerima tulisan dari praktisi maupun akademisi, sehingga bisa diterima di setiap kalangan. Penerbitan jurnal ilmiah berkala ini terbit setiap dua kali dalam setahun periode Juni dan Desember. Ruang lingkup dan fokus kajian dari jurnal ini adalah sebagai berikut: Hukum Perdata Hukum Pidana Hukum Acara Perdata Hukum Acara Pidana Hukum Konstitusi Hukum Internasional Hukum Administrasi Negara Hukum Adat Hukum Islam Hukum Agraria Hukum Lingkungan Hukum Kesehatan Hukum Keimigrasian Hukum Kelautan

Arjuna Subject : Ilmu Sosial - Hukum

Articles 98 Documents

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DISKRESI PENYIDIK POLRI TERHADAP TINDAK PIDANA YANG DI SELESAIKAN DILUAR PENGADILAN rudin suprianto
SOL JUSTICIA Vol 4 No 2 (2021): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

In certain situations, a police officer must be able to make the right decision or better known as discretion. The quick and precise decision is of course based on a consideration and is accompanied by accountability. The implementation is also relatively more from the subjective opinion of the police officer, however, the background of its use must of course be of a larger and broader interest. Investigators in carrying out investigative activities have discretionary authority which is protected by law, to avoid imprisonment. To find a solution to the settlement of cases of children as perpetrators of criminal acts, especially theft in the family by using Police Discretion, Restorative Justice and Diversion, so that they can be resolved without a judicial process and the sanctions applied do not absolutely have to be in the form of imprisonment. In this study to examine the implementation and effectiveness of Police Discretion in solving the problem of criminal acts outside the Court, especially theft by children in the family and how the legal arrangements regarding criminal acts outside the Court, especially theft by children in the family. This research is a normative research. The legal materials studied include primary materials consisting of statutory regulations, and secondary legal materials sourced from legal books (text books), legal journals, papers or views of legal experts contained in the mass media, dictionaries and encyclopedias, and Internet. The results of this study indicate that this authority is needed by the National Police to resolve cases that are light in nature, simple and the economic loss is relatively small. Although there is already a Supreme Court regulation Number 2 of 2012 concerning Adjusting the Limits of Minor Crimes and the Amount of Fines in the Criminal Code, minor theft crimes cannot necessarily be resolved by Restorative Justice, because Perma Number 2 of 2012 only regulates the adjustment of the limits on the value of losses and compensation. Minor criminal offenses and the Perma are only applicable internally to the Supreme Court of the Republic of Indonesia.

OPTIMALISASI FUNGSI SATUAN INTELIJEN KEAMANAN DALAM PENYELIDIKAN TINDAK PIDANA NARKOTIKA YANG DILAKUKAN OLEH ANGGOTA POLRI Desra Handika
SOL JUSTICIA Vol 4 No 2 (2021): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

There are several members or personnel who abuse narcotics. This is evidenced by the large number of information reports reported by the Intelligence and Security Unit (Sat Intelkam) of the Pagar Alam Police. Investigations carried out by the Intelligence and Security unit (Sat Intelkam) of the Pagar Alam Police often encounter various obstacles, this is mainly because the perpetrators are also members of the police themselves. The existence of a sense of loyalty among fellow members is one of the obstacles in the investigation process. The problem in this research is how to optimize the function of intelligence in the investigation of narcotics crimes by members of the Pagar Alam Resort Police and how the obstacles faced by police intelligence in investigating narcotics crimes are carried out. Member of the Pagar Alam Resort Police. In this study using empirical normative legal research methods with approaches to legislation (Statute Approach) and conceptual approach (conceptual approach). The data collection in this study was carried out by means of library research on the relevant laws and regulations and analyzing the data qualitatively. The results of this research concluded that the function of the National Police Intelligence in investigating members of the Police who commit narcotics crimes is to seek, explore, and collect data as complete as possible from various sources, both open and closed sources through activities that are also open or closed, then the data is processed into intelligence products, namely information that is ready to be used as the basis for making decisions or actions. These constraints are law enforcement factors that result in delays in law enforcement against narcotics crimes committed by the police. The Police must take action against their members who commit crimes, not to protect their members who are involved in narcotics crimes

Pemenuhan Asas Persidangan Terbuka Untuk Umum dalam Persidangan Secara Elektronik Vincentius Patria Setyawan
SOL JUSTICIA Vol 5 No 1 (2022): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

Writing this article will discuss the problems related to the implementation of electronic trials in the answer-and-responsibility agenda (oral-debate) and the agenda for reading decisions that do not realize the principle of an open trial. These problems make it difficult for the public to know the course of criminal case investigations in court. The research and writing of this article aims to understand the holding of electronic trials that are open to the public, and to find out the problems in the form of barriers to public access to obtaining information about court decisions. The writing of this article uses a normative research method, with a conceptual and statutory approach. The legal materials used in writing this article are primary legal materials and secondary legal materials. Keywords: Electronic Trial, Trial Open to the Public, Court Verdict.

PERAN KEPOLISIAN DALAM PENEGAKAN HUKUM TERHADAP PEMAKAI DAN PENGEDAR NARKOTIKA DI KABUPATEN MERAUKE Rudini Hasyim Rado; Mulyadi Alrianto Tajuddin; Andi Baso Kumala
SOL JUSTICIA Vol 5 No 1 (2022): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

This study aims to determine the role of the police in law enforcement against narcotics users and dealers in the Merauke Regency and to find out what factors are inhibiting the role of the police in law enforcement of narcotics crimes in Merauke Regency. The research method used is the type of empirical juridical research using the types and sources of primary and secondary data and then arranged descriptively. From the results of the study, it was concluded that: The Drug Investigation Unit can act on and resolve all cases handled by various series of settlement flows that are carried out either openly or using disguised tricks so that there is a decrease in the number of cases from 2018 to 2020 including prevention using facilities non-penal, in addition to the maximum efforts that have been made in the implementation of disclosure of criminal acts of narcotics abuse, the Narcotics Investigation Unit has several obstacles, namely human resources and infrastructure, but there are sources of information that help in efforts to handle cases, namely sources of information from informants or networks

Rekonstruksi Subjectum Litis Pembubaran Partai Politik Sebagai Perlindungan Hak Politik Warga Negara Dicky Eko Prasetio
SOL JUSTICIA Vol 5 No 1 (2022): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

Human rights as citizens must be respected and guaranteed, one of which is political rights. The guarantee of human rights must be able to provide moral strength that is able to protect and guarantee human dignity based on the law, not on the basis of circumstances, wills, or certain political perspectives. Citizens' political rights are the right to take part in government and vote regularly on democratic mechanisms in a country, whether through election, regional head elections, or other elections. The political right is related to the right of citizens to play a role in efforts to make future arrangements for a state institution. At the moment the request for dissolution of political parties can only be done by the government. The dissolution of political parties in Indonesia is carried out by the Constitutional Court as one of the institutions of judicial power. The political rights of citizens should be made a priority in the dissolution mechanism of political parties. This research is a normative juridical study which outlines a comparison of the dissolution of political parties between Indonesia and Germany and Slovenia. In addition, the mechanism for future improvement is the dissolution of political parties to better guarantee the political rights of citizens. Keywords: Human rights, Political Rights, Political Parties.

SISTEM LEMBAGA PERWAKILAN BIKAMERAL INDONESIA Evi Purnama Wati; Budi Aspani; Dewi Mulyati
SOL JUSTICIA Vol 5 No 1 (2022): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

Bicameral is the term for a representative system consisting of two chambers (cembers) or two bodies, consisting of an upper house and a lower house in Indonesia known as the DPR RI and DPD RI which aims to achieve good governance. (good governance) as well as the achievement of checks and balances between State Institutions, especially in the Legislative Institution, which is one of the most important elements in the administration of the State. This institution has the main function in regulation, budgeting, and supervision. Although in practice this system is not perfect due to the limited role of DPD in the Political System in Indonesia. Thus, the existence of two chambers in the legislature is expected to achieve two controls in every policy issued, so that it will tend to have a positive impact on the progress of the country and in the end good governance will be achieved as the ultimate goal of a country.

PERJANJIAN PEMBORONGAN JASA KONSTRUKSI DI LINGKUNGAN PT. KERETA API INDONESIA (PERSERO) (STUDI PADA KONTRAK PENGADAAN JASA PEMBANGUNAN JALUR KERETA API BATU CEPER – BANDARA SOEKARNO-HATTA) Arief Wisnu Wardhana
SOL JUSTICIA Vol 5 No 1 (2022): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

PT.Kereta Api Indonesia (Persero) is one of the State-Owned Enterprises that carries out business activities in the transportation sector, has a mission as a public company and is profit oriented and has a vision and mission, namely to provide mass transportation products / services that are safe, comfortable, environmentally friendly and on time. . To support the achievement of the company's goals in its Business Process PT.Kereta Api Indonesia (Persero) also plays an active role in building transportation infrastructure in order to contribute maximum added value / benefits to improving services to the Government, society and other stakeholders consistently. This type of legal research used is normative juridical. This study uses library research and is corroborated by field data. The sampling technique was using purposive sampling technique. Field data collection techniques used interviews and data collection tools in the form of interview guidelines. The data analysis technique used a qualitative descriptive analysis technique. The results showed that the method of selecting a construction service provider at PT.Kereta Api Indonesia (Persero) was carried out by selecting one of the most appropriate, effective and efficient methods, namely Open Auction, Direct Selection / Selection, Contest, Direct Appointment, Competition / Beauty Contest. , and Self-Management. Where in this study the method of choosing a construction service provider is carried out by Direct Selection / Selection of State-Owned Enterprises. Whereas if there is a dispute or any difference that arises between the parties in implementing the agreement as far as possible, it will be resolved by deliberation and consensus. The results of the deliberation will be stated in a written statement which is generally binding and must be signed by the parties.

MENCEGAH SENGKETA TANAH Abdul Hamid Usman
SOL JUSTICIA Vol 5 No 1 (2022): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

Land disputes occur because they are related to the control of land rights. The control of land rights is carried out in accordance with the provisions of the legislation, so land disputes can be avoided, can be prevented. Minimization of conflict and optimization of order can be stated as the ultimate goal of using law as a regulator of people's lives. Due to the importance of this problem, on September 24, 1960, Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles was enacted, which is usually called the Basic Agrarian Law and abbreviated as UUPA. The UUPA is the embodiment of Article 33 paragraph (3) of the 1945 Constitution. The land issue is part of the agrarian problem. In connection with this, the approach in this paper is carried out in a normative juridical manner, namely the type of research that uses secondary data or library data as the main data. Based on the discussion carried out, it can be concluded that preventing land disputes can be done by: (1) administering land rights certificates. If the land is still in the form of land rights according to customary law or civil (western) law, then convert the rights and register the land, until a certificate of land rights is issued; (2) keep the land certificate carefully; (3) create clear and permanent land boundaries; (4) construct buildings and plant perennials; (5) make a nameplate of the owner on the land in question as a notification to the community; (6) the transfer of land rights must always be before the Land Deed Making Official (PPAT)/Notary.

TANDA TANGAN ELEKTRONIK DALAM KONTRAK BISNIS INTERNASIONAL Tamara Mutiara Ramadani; Rizka Nurliyantika
SOL JUSTICIA Vol 5 No 1 (2022): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

An international business contract is a common guideline for the parties to bind themselves to certain rights and obligations across national boundaries. These guidelines are usually closely related to trade transactions, which at present can be carried out remotely or electronically. The process of electronic commerce was a means of transactions without face-to-face between buyers and sellers until the emergence of electronic signatures. The institution that until now has played a role in harmonizing the law of electronic commerce transactions is the United Nations Commission on International Trade Law (UNCITRAL), which is a subsidiary organ of the United Nations (UN). Special arrangements for electronic signatures internationally are found in the UNCITRAL Model Law on Electronic Commerce 1996 and the UNCITRAL Model Law on Electronic Signature 2001. Judging from the formation of these international regulations, this indicates that the international community is in dire need of regulations that are by technological developments, especially in the field of transactions. - international trade transactions. This study uses secondary data collected through the literature study method. The issue raised is how international contract law regulates electronic signatures and how is the legal protection for users of electronic signatures. From these two questions, it was found that the two Model Laws from UNCITRAL were not binding on the state. The state is free to follow the entire contents of the rules, in part, or even reject the whole. Model Law is a guideline to assist countries in making their national laws. Furthermore, the rules made by the ICC, ICSID, and UNCITRAL are believed to be able to solve problems related to international business contracts, including the topic of electronic signatures. Although the Model Law has also discussed how electronic signatures can apply to support electronic commerce.

PEMENUHAN HAK ATAS PERLAKUAN YANG SAMA DIHADAPAN HUKUM MELALUI PENYELENGGARAAN BANTUAN HUKUM OLEH PEMERINTAH DAERAH (Fulfilment of Right to Equality Before The Law Providing Legal Aid From Regional Government (Study of Legal Aid in South Sumatera) Kurnia Saleh
SOL JUSTICIA Vol 5 No 1 (2022): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

The right to legal aid is a citizen's constitutional right as a manifestation of the right to equal treatment in the eyes of the law. Law Number 16 of 2011 concerning Legal Aid derives for the regions to be able to allocate the budget for the implementation of Legal Aid in the Regional Revenue and Expenditure Budget (APBD) into Regional Regulations. South Sumatra as one of the provinces that accommodates this mandate through Regional Regulation Number 8 of 2012 concerning Free Legal Aid. This study aimed to examine the basis for providing legal aid to the poor by local governments and the fulfillment of the right to legal aid by local governments. This research will provide guidelines for stakeholders to fulfill the rights of the poor in obtaining access to free legal aid. The normative juridical research method used in this research by conducting a study based on literature studies. The results found in this study indicated that the implementation of legal aid in terms of budgetary availability for legal aid by South Sumatra Provincial Government had not yet been implemented in an applicative manner. Therefore, it needs firmness and commitment from the South Sumatra Provincial Government to implement the provisions in Regional Regulation No. 8 of 2012 concerning Free Legal Aid.

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Sumatera selatan

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Conie Pania Putri

Contact Email coniepania79@gmail.com

Phone +6281367192424

Journal Mail Official magisterhukumukb@gmail.com

Editorial Address Program Pascasarjana Magister Ilmu Hukum, Universitas Kader Bangsa Jl. H.M. Ryacudu No. 88 , 7 Ulu, Seberang Ulu I Palembang Telp (0711) 517744- 510173 Fax (0711) 519827

Location Kota palembang, Sumatera selatan INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Conie Pania Putri

Contact Email
coniepania79@gmail.com

Phone
+6281367192424

Journal Mail Official
magisterhukumukb@gmail.com

Editorial Address
Program Pascasarjana Magister Ilmu Hukum, Universitas Kader Bangsa Jl. H.M. Ryacudu No. 88 , 7 Ulu, Seberang Ulu I Palembang Telp (0711) 517744- 510173 Fax (0711) 519827

Location
Kota palembang,

Sumatera selatan

INDONESIA