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INDONESIA
Solusi
Published by Universitas Palembang
ISSN : 02169835     EISSN : 2597680X     DOI : -
Core Subject : Social,
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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Articles 10 Documents
Search results for , issue "Vol 17 No 1 (2019): SOLUSI" : 10 Documents clear
HAK-HAK NORMATIF PEKERJA PADA PERUSAHAAN PAILIT Bustomi, Abuyazid
Solusi Vol 17 No 1 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (970.985 KB) | DOI: 10.36546/solusi.v17i1.141

Abstract

Workers have a very important role and position as actors and in national development. Therefore, there must be labor rights stipulated in the laws and regulations in Indonesia which regulate the rights and protection of workers. Protection of workers is intended to guarantee the basic rights of workers while taking into account the development of fair business actors. Normative Rights of Workers whose companies are declared bankrupt are Priority Creditors after fulfilling the rights of separatist creditors, whose payment is carried out by the curator. The Curator's Authority to the Normative Rights of Employees in Bankrupt Companies is to complete all management and repayment of Debtor's assets and debts, including the Normative Rights of workers as stipulated in Law No. 13 of 2003 and Law No. 37 of 2004 concerning Bankruptcy and Delays in the Payments of Debt Payments, that Normative Rights of Workers including Preferred Creditors or Creditors are prioritized.
PENGEMBANAN FILSAFAT PANCASILA DALAM SISTEM PEMIDANAAN DI INDONESIA Dahwir, Ali
Solusi Vol 17 No 1 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (557.113 KB) | DOI: 10.36546/solusi.v17i1.143

Abstract

In general, the system of imposing crimes against perpetrators of criminal acts applied in Indonesia still refers to the criminal system which was abandoned by the Dutch Colonial based on liberalism, this is due to the absence of regulations made by Indonesia that specifically establish the criminal system. So that the criminal system that runs is not based on the local wisdom of the Indonesian people which ultimately does not reflect the values ​​of Pancasia as a source of all legal sources. The purpose of this paper is to examine the development of the philosophy of Pancasila in the penal system. This research is normative, using secondary data, with a legal philosophy and concept approach. Qualitatively analyzed to find links between criminal prosecution in Indonesia and the adoption of Pancasila values
PERLINDUNGAN HUKUM TERHADAP PEKERJA BERSTATUS PERJANJIAN KERJA WAKTU TERTENTU (PKWT) MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Asuan, Asuan
Solusi Vol 17 No 1 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (595.506 KB) | DOI: 10.36546/solusi.v17i1.147

Abstract

This study is a normative juridical approach with an approach to problems that see in terms of applicable laws and regulations, especially regarding labor law / labor. This study uses secondary data with the preparation of a conceptual framework, to obtain legal materials in the form of theories, concepts and legal principles obtained from the literature, among others, books, documents, articles, and other literature. Legislation, namely Law No. 13 of 2003 concerning Labor, the Civil Code and other legal regulations relating to problems. The results of the discussion, namely the protection of workers with an inter-time employment agreement (PKWT) according to Law Number 13 of 2003 concerning Employment, namely: Protection of work hours namely 7 (seven) hours in 1 (one) day and 40 hours 1 (one) week for 6 (six) working days in 1 (one) week; or 8 (eight) hours in 1 (one) day and 40 hours 1 (one) week for 5 (five) working days in 1 (one) week. (Article 77 paragraph 1); Protection against wages, namely provincial minimum wages and district / city minimum wages (Article 88 paragraph (3) letter a); protection of welfare, that is workers / laborers and their families have the right to obtain social security workers. and includes family planning services, child care, workers' housing, worship facilities, sports facilities, canteen, health, recreation and the establishment of cooperative facilities, of course the provision of these facilities is carried out with the company's ability (Article 99 paragraph 1 and 100 verses 1 and 2) , and Protection of Social Security, namely the Social Security Program includes collateral for death, work accident insurance, old age guarantee and health care guarantee (article 99). The constraints in legal protection of workers in certain time work agreements (PKWT) are related to regulations, relating to work agreements and related to supervision
UPAYA-UPAYA PENINGKATAN PEMAHAMAN DAN KESADARAN PENCIPTA KARYA SENI TRADISIONAL TERHADAP HAK CIPTANYA Yolanda, Nina
Solusi Vol 17 No 1 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (204.309 KB) | DOI: 10.36546/solusi.v17i1.148

Abstract

The research objective is to describe and analyze efforts to increase the understanding and awareness of the creators of traditional art works on their copyright. Writing method uses normative juridical method. Research results: efforts to increase understanding and awareness of creators of their copyright are carried out through efforts to promote intellectual property rights such as counseling, discussions, seminars, workshops, symposiums, intellectual property education and training and institutionally established a Copyright Council. In the end, it was suggested that arrangements regarding copyright law protection, especially the copyright of traditional artworks, need to be accompanied by consistent law enforcement and efforts to increase understanding and awareness of creators of their copyright needs to be intensified both in terms of quality and quantity
ANALISA YURIDIS TENTANG STATUS KEWARGANEGARAAN ANAK HASIL PERKAWINAN CAMPURAN MENURUT UNDANG-UNDANG NOMOR 12 TAHUN 2006 TENTANG KEWARGANEGARAAN INDONESIA Purnamawati, Evi
Solusi Vol 17 No 1 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (304.252 KB) | DOI: 10.36546/solusi.v17i1.150

Abstract

The citizenship status of a child born of a mixed marriage under Law No. 12 of 2006 on Indonesian Citizenship is a positive enlightenment, since the Act allows for limited dual citizenship for a child of mixed marriage, up to the age of 18 years, the child is entitled to choose citizenship which he wanted and given time to think for 3 years. Whereas in Law Number 62 Year 1958 on Citizenship, the Status of the nationality of a child follows the citizenship of his father. Limitation on the rights and obligations of a child born of a mixed marriage under Law Number 12 of 2006 on Indonesian Citizenship is to have the same rights and obligations that a person of a citizen with a dual citizenship status is legally recognized as being citizen in both countries: Indonesian Citizen and Foreigners. Since he is a resident of both countries, the inherent rights due to his citizenship must also be fully provided by the state and the state shall not limit his rights as a citizen of both countries.
PEMBINAAN NARAPIDANA DALAM SISTEM PEMASYARAKATAN Pettanase, Ismail
Solusi Vol 17 No 1 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (163.313 KB) | DOI: 10.36546/solusi.v17i1.151

Abstract

Penitentiary is stated as a system of guidance for lawbreakers and as an embodiment of justice which aims to achieve social reintegration or the restoration of the unity of relations between Prisoners and the community. Penitentiary in Indonesia has experienced significant changes, especially regarding the method of treating prisoners themselves. The idea of ​​the function of punishment according to Indonesia which adheres to the Pancasila ideology is no longer just deterrence but is also an attempt to rehabilitate and reintegrate socially Correctional Guidance (WBP) which has been established with a system of treatment of lawbreakers in Indonesia called the penal system
Perlindungan Hukum Terhadap Konsumen dari Pelaku Usaha Periklanan Menurut UU Nomor 8 Tahun 1999 Fitriah, Fitriah
Solusi Vol 17 No 1 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (430.344 KB) | DOI: 10.36546/solusi.v17i1.152

Abstract

The general provisions of Article 1 paragraph 6 of Act Number 8 of 1999 concerning Consumer Protection, that "Promotion is an activity to introduce or disseminate information on an item and / or service to attract consumers' buying interest in goods and / or services that will be and are being traded". Advertising is a form of information, a tool for product business actors to introduce their products to the public in order to attract people to use these products. the public will get an idea of a product if the product is advertised, but the problem is that the ad does not always provide true or complete information about a product, so many consumers feel cheated by outstanding advertisements. There are several articles regulating advertisements on legal protection against consumers, namely Article 9, Article 10, Article 12, Article 13, Article 17, and Article 20. If a business actor has made an agreement with the consumer then the businessman deceives with the purpose of fraud then it can be used as an excuse to cancel the agreement stipulated in Article 1321 of the Civil Code and article 1328 of the Civil Code. However, if there is no contractual or contractual relationship between the business actor and the consumer, the consumer is harmed as a result of the advertisement lie, for example a consumer is injured and loses, the business actor is declared as a party that is violated by Article 1365 of the Civil Code.
TANTANGAN DAN PELUANG PENEGAKAN HUKUM DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI Martini, Martini
Solusi Vol 17 No 1 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (419.16 KB) | DOI: 10.36546/solusi.v17i1.153

Abstract

The challenges of law enforcement in eradicating corruption are among others: the lack of trust in law enforcement officers; Examination of corruption cases in court by judges prioritizes the fulfillment of formal legal actions. The absence of a judge's decision which is a symbol of firmness in combating corruption: awareness of the impact of corruption is still too abstract and poorly understood by the community; The war on corruption is still merely a political discourse or entertainment for the people; the absence or lack of opportunities to participate in eradicating corruption is the reason why people do not care or are concerned about eradicating corruption. Besides the inherent habit that bahwa if all want to be fast, money is the solution ’and culture that is‘ nrimo ’or does not want to question all matters related to the administration of the state, as if it is an element of fertilization. Opportunities for law enforcement in eradicating corruption include: Issuance of Law No. 31 of 1999 concerning Eradication of Corruption Crime; the growth of the Corruption Perception Index (CPI) in Indonesia is the highest compared to other countries in the world; national concerns about corruption can stimulate governments and anti-corruption activists to campaign extensively with high intensity; The press has become a powerful media for raising public awareness of the effects of corruption
KAJIAN NORMATIF TENTANG PROSES PELAKSANAAN PEMBEBANAN JAMINAN FIDUSIA ATAS JAMINAN PERSEDIAAN BARANG DAN PIUTANG DAGANG DI DUNIA PERBANKAN Rizayusmanda, Rizayusmanda
Solusi Vol 17 No 1 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (879.743 KB) | DOI: 10.36546/solusi.v17i1.154

Abstract

Banking is an institution that is vulnerable to risks related to money. The banking position as a mediator that connects those with surplus and financial deficits, banks must maintain good relations with the two parties. Banking decisions must be moderate, namely considering the desires of both parties because without the two parties, banking activities are not running. But if you are not careful in disbursing loans, bad credit will occur, then to protect the money disbursed, the debtor must provide collateral to the bank. This paper is a normative legal research that is research aimed at written regulations relating to the procedure for carrying out fiduciary collateral for collateral in the form of inventory and trade receivables according to Fiduciary Law Number 42 of 1999, and the legal consequences if the collateral is in the form of inventory the goods and receivables are not processed by loading fiduciary and registering them to the Fiduciary Registration Office. In the implementation of Fiduciary Collateral Imposition, especially collateral for credit in the form of goods and trade receivables, as determined by law, by registering the Fiduciary Deed of Registration with the Fiduciary Registration Office - Ministry of Law and Human Rights. For collateral for loans financed by banks, the Actions made under the hand or Notarial but not registered with the Fiduciary Deed of Registration at the Fiduciary Security Registration Office, do not get preferential rights and an executorial right guaranteed by the Fiduciary Guarantee Institute, and the Fiduciary Guarantee Agreement is only in the form of a Fiduciary Deed Registration Office. under the hand that has no executive power
JUAL BELI E-COMMERCE DALAM PERSFEKTIF HUKUM ISLAM Hidayah, Ardiana
Solusi Vol 17 No 1 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (674.258 KB) | DOI: 10.36546/solusi.v17i1.155

Abstract

Buying and selling is one type of mu'amalah regulated in Islamic Law. Based on its form, e-commerce is a model of buying and selling transactions. The concept of e-commerce buying and selling leads to engagement between the parties to provide an achievement. Based on Sunnah Fiqh, buying and selling is the exchange of property (whatever its form) is done voluntarily or the process of transferring property rights to other people with compensation or certain rewards. According to Islamic Law, e-commerce buying and selling is permissible, if it is in accordance with the rules of fiqh in the basic principles of muamalah transaction and its requirements as long as it is not prohibited by sharia or contrary to the argument

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