Solusi
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Adat Law; Environmental Law.
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<![CDATA[PERLINDUNGAN DANA NASABAH YANG DI SIMPAN DI BANK MENURUT UNDANG-UNDANG NO 24 TAHUN 2004 TENTANG LEMBAGA PENJAMIN SIMPANAN. ]]>
<![CDATA[Yanuarsi, Susi]]>
<![CDATA[ Solusi Vol 16 No 2 (2018): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v16i2.116
<![CDATA[With the enactment of Law Number 24 of 2004 on deposit insurance institutions, the arrangement of guarantee for the most important to provide legal certainty to depositors of funds at banks, related to the encourages customers to rush or freeze business license of the bank. With the guarantee that it is possible for customers to trust the banking institution, and others that can be used by the deposit insurance institutions.]]>
<![CDATA[PIDANA MATI SARANA PENCEGAHAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA ]]>
<![CDATA[Barhamudin, Barhamudin]]>
<![CDATA[ Solusi Vol 16 No 2 (2018): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v16i2.117
<![CDATA[The purpose of this research is: To know and analyze the ratio of the punishment of capital punishment in the positive law arrangement in Indonesia is not contradictory to human rights. To know and analyze capital punishment from the aspect of crime prevention; This study is a normative legal research that focuses on explanation or explanation of the application of capital punishment to the perpetrators of narcotics abuse in the perspective of human rights. This research is normative research using approach of legislation, conceptual approach and approach of analysis. The death penalty against the perpetrators of crimes committed in Indonesia does not affect or reduce crime, according to the authors precisely because of the very low level of the number of judges in Indonesia who dropped the death penalty and the execution of the execution long enough to continue the rampant perpetrators of crimes in general, especially the Bandar and the current narcotics dealer. If the imposition of capital punishment on the dealers and narcotics dealers reaches twenty percent (20%) per cent alone it is certain to decrease and provide a deterrent effect for prospective dealers and dealers or residuals. The death penalty is the most effective suggestion that governments can use to combat crime. The death penalty is intended to reciprocate the mistake and secure the public from the dealers and narcotics as specified in the narcotics law while the Action intends to secure and maintain the objectives applied to addicts and victims. So criminal and action, both aims to prepare to return the convicted into the life of the community. The basis of each of the penalties is the grave suffering according to the severity of the acts committed by the convicted person. But to what extent the severity of the crime and the severity of the acts committed by the convict can be measured, determined by what is useful to the public.]]>
<![CDATA[KETENTUAN PENAHANAN IJAZAH PEKERJA SEBAGAI SYARAT TERTENTU DALAM PERJANJIAN KERJA ]]>
<![CDATA[Hidayah, Ardiana]]>
<![CDATA[ Solusi Vol 16 No 2 (2018): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v16i2.121
<![CDATA[Employment arrangements are regulated for the fulfillment of fundamental rights and protections for workers and workers. An employment agreement is established between workers and employers who meet the terms of employment, rights and obligations of the parties. The provisions of Law Number 13 Year 2003 regarding Manpower do not regulate whether or not the company holds the employee's diploma. This has resulted in a legal vacuum regarding whether or not a diploma may be imposed. Detention of diploma of worker / employee by the company, is allowed, as long as it becomes agreement between both parties. The opportunity to make the employer to arrest the original diploma of workers as a condition of acceptance of workers to work based on the customs that occur in the world of work and on the basis of freedom of contract, on the other hand the detention of diplomas can be detrimental to the workers because it forms a violation of Human Rights]]>
<![CDATA[ANALILIS HUKUM PENGALIHAN OBJEK JAMINAN FIDUSIA KEPADA MASYARAKAT PENERIMA DANA CORPORATE SOCIAL RESPONSIBILITY (CSR) ]]>
<![CDATA[Ramadhan, Muhammad Syahri]]>
<![CDATA[ Solusi Vol 16 No 2 (2018): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v16i2.123
<![CDATA[Research Objective: to analyze the Law of Transfer of Fiduciary Assurance Objects to the Community of Corporate Social Responsibility (CSR) Grantees. Research methods; using the normative juridical method. Result of research: CSR is obligation of company. In order to be free from legal sanctions caused by not issuing CSR funds, the company is required to issue CSR funds even though business activities and financial condition of the company is still not running optimally and the debt agreement of the company is still not settled properly. Therefore, it does not close the possibility of companies providing CSR funds to the public in the form of goods or usually motor vehicles, which where the vehicle should be a fiduciary guarantee object. This of course will lead to legal disputes in front of it between companies as fiduciary givers, creditor as fiduciary receiver and CSR fund recipient community. Company as fiduciary giver if still doing policy of giving of motor vehicle as object of fiduciary guarantee to society of recipient of CSR fund. Then it will cause its own losses for the company because the company as a fiduciary guarantee provider may be subject to .. Article 36 of undang –undang NO.42 Tahun 1999 on Jaminan Fidusia]]>
<![CDATA[TANGGUNG JAWAB PELAKU USAHA TERHADAP KERUGIAN KONSUMEN ]]>
<![CDATA[Bustomi, Abuyazid]]>
<![CDATA[ Solusi Vol 16 No 2 (2018): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v16i2.125
<![CDATA[In Article 1 of Act Number 8 of 1999 concerning consumer protection, it is stated that consumers are every person who uses goods and or services available in the community, both for the benefit of themselves, their families, other people, and other living things and not for trading. Consumer protection is a matter of legal protection given to consumers in an effort to obtain goods and services from possible losses due to their use, then the law of consumer protection can be said as a law governing the provision of consumer protection how guarantees are protected consumer rights and how to enforce regulations through state administration law, criminal law, and civil law so that the fulfillment of consumer rights is fulfilled, the goods and services of the business conduct products will be protected as such. The responsibility of the business actor for the loss of the consumer is to provide compensation for the damage, pollution, and or loss of the consumer due to consuming goods and or services produced or traded. Payment of compensation is the main responsibility of the business actor, compensation in accordance with Law No. 8 of 1999 concerning Consumer Protection can be in the form of: refunds, replacement of similar goods and or services of equal value, health care, and compensation.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI KONSUMEN BANK DALAM UNDANG-UNDANG NOMOR 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN (OJK) ]]>
<![CDATA[Marsitiningsih, Marsitiningsih]]>
<![CDATA[ Solusi Vol 16 No 2 (2018): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v16i2.126
<![CDATA[The legal relationship between the bank and the customer exists because of the depositary agreement. The law creates rights and obligations. Business activities carried out by banks authority so greater the supervision. To overcome this, then the arrangement and other financial institutions so one becomes the financial services authority (OJK) in Law number 21 of 2011. There are two different functions in one bank institution of Indonesia Bank that is regulation and supervision function, fuction of monetary authority, so the bank Indonesia prioritizes monetary policy instruments rather than strengthening the regulatory and supervisory fuctions. Bank supervision in the financial services authority is supervision on the health of banks, determination of bank status and prudential principles. The right of customers to get protection of their rights, especially customer education and dispute resolution. Law number 21 of 2011 regulates OJK authorized to undertake consumer and community harm prevention measures, perform customer complaint services and safeguard measures by defending and fiing a lawsuit to obtain a change]]>
<![CDATA[PENYELESAIAN SENGKETA KONSUMEN AKIBAT KERUGIAN KARENA TIDAK TERPENUHINYA HAK-HAK KONSUMEN ATAS INFORMASI YANG BENAR DALAM RAHASIA DAGANG ]]>
<![CDATA[Fitriah, Fitriah]]>
<![CDATA[ Solusi Vol 16 No 2 (2018): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v16i2.129
<![CDATA[The purpose of doing business is to achieve maximum profit so that business actors try to win the competition even though it is done through ways that are contrary to ethics and law so that not only other business actors are harmed but also consumers. Trade Secret that is part of the Right of Wealth Intellectual property is an exclusive right for the owner or recipient of the right to enjoy the economic benefits of information that is not publicly known in the field of technology and business. The owner of the Trade Secret as an entrepreneur has the right to conceal the information of such economic value to anyone including the consumer. But on the other hand under the Consumer Protection Act (UUPK), the consumer has the right to correct information on the goods it receives. The settlement of the dispute due to the non-fulfillment of the consumer right on the correct information about the goods may occur due to two possibilities, namely: with consumers who violate UURD for seeking the correct information about the product of the goods it receives by committing an act against the law. And disputes related to business actors who violate UUPK because they do not provide the correct information about the goods being produced and marketed. In the case of a dispute due to a business actor who does not provide correct information about the goods produced and marketed, in accordancewith UUPK, any consumer or aggrieved consumer group may by suing a businessactor through an agency in charge of resolving disputes between consumers andbusiness actors.]]>
<![CDATA[PENCATATAN SIPIL DALAM TINJAUAN HUKUM PERDATA ]]>
<![CDATA[Husnulwati, Sri]]>
<![CDATA[ Solusi Vol 16 No 2 (2018): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v16i2.132
<![CDATA[Significant events that need to be noted are the events experienced by the people who bring the consequences of the change of civil rights, as well as the birth of civil rights or the abolition of civil rights. The purpose of this research is to know how civil records are viewed from the perspective of civil law. This research is a kind of legal research which is also referred to as empirical law research. The result of this research is that the deed of civil registration has the utility or benefit from civil law point of view, namely: (1) giving legal certainty about events related to civil events such as birth, death, marriage, divorce and others, (2) authentic that determines the civil status of a person, (3) may be used for the benefit of the public service]]>
<![CDATA[HAK PREROGATIF PRESIDEN MENURUT UUD 1945 ]]>
<![CDATA[Johansyah, Johansyah]]>
<![CDATA[ Solusi Vol 16 No 2 (2018): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v16i2.134
<![CDATA[In practice the power of the President of the Republic of Indonesia as head of state is often referred to as the "President's prerogative" and is defined as the absolute power of the President that cannot be disturbed by other parties. Theoretically, prerogative is translated as a privilege owned by certain institutions that are independent and absolute in the sense that they cannot be sued by other state institutions. In the modern state government system, this right is owned by the head of state, either the king or the president and head of government in certain fields stated in the constitution. This right is also matched with the full authority granted by the constitution to the executive body within the scope of the power of its government. The system of government of modern states seeks to place all models of power within the framework of public accountability. Thus, power that cannot be controlled, is sued and accounted for, in practice it is difficult to get a place. Thus, in the practice of state administration of modern countries, this prerogative is no longer absolute and independent, except in terms of policy making in the context of governance]]>
<![CDATA[PELAKSANAAN PERJANJIAN PENGANGKUTAN PENUMPANG MENURUT UNDANG-UNDANG NOMOR 22 TAHUN 2009 ]]>
<![CDATA[Marsidah, Marsidah]]>
<![CDATA[ Solusi Vol 16 No 2 (2018): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v16i2.136
<![CDATA[Communities that are still very dependent on public transport are not matched by the provision of adequate public transport. This causes passengers to use public transport services, sometimes less comfortable, so that the quality of transportation services is needed. In addition, the legal protection for all parties related to the transportation system, especially the users of transportation services is very important given the importance of the role of traffic and road transport for the whole community. The problem in this research is how the legal consequences arising in the implementation of the transport agreement according to Law Number 22 Year 2009 on Traffic and Road Transport. The type of research used in this writing is normative juridical. Legal consequences for transport service managers in the event of defaults on passengers in the operation of transportation which is their obligation so as to provide passengers with loss of goods that are legally registered and physically disabled for transportation service providers, the legal consequences for transport service managers must be responsible for paying obligations or compensation in accordance with applicable regulations. Legal protection for public transport passengers from public transport companies is responsible for all losses caused by the actions of people employed in transport activities such as the provisions of Article 191 and Article 192 paragraph (1) of Law Number 22 of 2009]]>
