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 HUKUM TERHADAP PEMILIK RAHASIA DAGANG YANG BERSIFAT KOMERSIL ]]>
<![CDATA[Yanuarsi, Susi]]>
<![CDATA[ Solusi Vol 17 No 2 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i2.146
<![CDATA[Normative trade secrets are formulated as information that is not known to the public in the field of technology and / or business that has economic value because they are useful in business activities, and are kept confidential by the owners of trade secrets. Ownership and protection of confidential information that is categorized as trade secrets and is an intangible asset of the company, occurs automatically. Whoever discovers or makes this trade secret, it is automatically by law that he is considered to be the owner and this owner has the right to use or complain given a permit made by everyone for commercial support purposes]]>
<![CDATA[KEDUDUKAN MAHKAMAH KONSTITUSI SEBAGAI LEMBAGA NEGARA BERDASARKAN UNDANG-UNDANG DASAR 1945 ]]>
<![CDATA[Johansyah, Johansyah]]>
<![CDATA[ Solusi Vol 17 No 2 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i2.167
<![CDATA[The Constitutional Court is the executive branch of the judiciary that is independent and separate from other branches of power, namely the government (executive) and legislative institutions. The Constitutional Court as a first and last level judiciary does not have an organizational structure as large as the Supreme Court which is the peak of a judicial system whose structure is vertically and horizontally covers five judicial environments, namely the general court environment, the state administrative court environment, the religious court environment, and military court environment. As an organ of judicial power that operates the judicial function, the Constitutional Court is independent, both structurally and functionally. The functions and authorities of the Constitutional Court based on Law No. 24 of 2003, namely the Constitutional Court has the authority to hear: Test the laws against the Republic of Indonesia 1945 Constitution; Decide on authority disputes between state institutions whose authority is granted by the Republic of Indonesia 1945 Constitution; Decide the dissolution of political parties; Decide disputes about election results; Give a verdict on the opinion of the House of Representatives that the President and / or Vice-President are suspected of violating the law in the form of treason, corruption, bribery, other serious crimes, or despicable acts, or no longer fulfill the conditions as President and or Vice President, as intended in the Republic of Indonesia 1945 Constitution.]]>
<![CDATA[KONSEP PEMBANGUNAN HUKUM E-COMMERCE ]]>
<![CDATA[Hidayah, Ardiana]]>
<![CDATA[ Solusi Vol 17 No 2 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i2.168
<![CDATA[The development of transportation, communication and information technology further increases the pace of globalization. The use of technology has driven business growth including transaction activities by utilizing technology and telecommunications through e-commerce activities. Problem formulation related to the application of business law in e-commerce activities and the role of law and the concept of legal development in e-commerce business. Legislation in e-commerce activities has been regulated in Law Number 11 of 2008 which has been amended into Law Number 19 of 2016 concerning Information and Electronic Transactions, Law Number 7 of 2014 concerning Trade and Government Regulation Number 82 In 2012 concerning the Implementation of Electronic Transactions and Systems. In its application there are still some weaknesses, namely the existence of objects in electronic transactions cannot be perfectly perceived electronically. There are still obstacles to accountability and the level of reliability in proof of an electronic contract. Law is a tool for maintaining order in society. Law will always adjust to the conditions that occur in the middle of the community and act as a means of renewal in people's lives. Rapid development has resulted in increasingly complex problems faced by the community from traditional patterns to modernization. The development of business law in Indonesia in e-commerce activities is carried out to support the realization of sustainable economic growth, as well as creating certainty, enforcement and legal protection.]]>
<![CDATA[TINJAUAN YURIDIS TENTANG PELAKSANAAN HAK DAN KEWAJIBAN BADAN PENYELENGGARAAN JAMINAN SOSIAL MENURUT UNDANG-UNDANG NOMOR 24 TAHUN 2011 ]]>
<![CDATA[Marsidah, Marsidah]]>
<![CDATA[ Solusi Vol 17 No 2 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i2.169
<![CDATA[The purpose of this study was to determine the rights and obligations of the Social Security Organizing Agency. The type of research used is the type of normative legal research and the data source used is a secondary data source. The rights and obligations of the Social Security Organizing Body are regulated in the provisions of articles 12 and 13 of Law Number 24 of 2011. The right of the Social Security Organizing Body is to obtain operational funds for the operation of programs sourced from social security funds and / or other sources in accordance with statutory provisions -invitation. Whereas the obligation of the Social Security Organizing Body is to provide a single identity number to the participant, that is, a number given specifically by the Social Security Organizing Board to each participant to ensure orderly administration of the rights and obligations of each participant. Information on the performance and financial condition of the Social Security Organizing Agency includes information on the amount of assets and liabilities, receipts and disbursements for each Social Security Fund and / or the total assets and liabilities, receipts and disbursements of the Social Security Organizing Body, providing benefits to all participants in accordance with the Law - Law on the National Social Security System, providing information to participants about the rights and obligations to follow applicable regulations, providing information to participants about the procedure for obtaining rights and fulfilling their obligations, providing information to participants about balances.]]>
<![CDATA[Penyalahgunaan Kewenangan Pejabat Pemerintahan Dan Ruang Lingkupnya Menurut Undang-Undang Administrasi Pemerintahan ]]>
<![CDATA[Barhamudin, Barhamudin]]>
<![CDATA[ Solusi Vol 17 No 2 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i2.171
<![CDATA[The purpose of this research is to find out, study and analyze in determining the element of abusing authority in government administrative laws. In this study using normative research with a statutory approach and a conceptual approach. Legal materials consisting of Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials. The results obtained are benchmarks to determine the existence of abuse of authority according to administrative law, in this case UUAP occurs if government officials or officials conduct discretion without going through procedures and the purpose is not carried out within the scope of what has been determined by Law of the Republic of Indonesia Number 30 of 2014 concerning Government Administration in article 17 and article 18 includes: a. The statute goes beyond the authority; b. prohibition of confusing authority; c. prohibition of arbitrary actions. d. beyond the term of office or the validity period of the Authority; e. beyond the territorial validity of the Authority; and / or f. contrary to statutory provisions. g is outside the scope of the field or material given Authority; and / or h. contrary to the stated purpose of the Authority. Abuse of authority either according to administrative law or criminal law has the respective legal domain. Decisions and / or Actions that are determined and / or carried out by exceeding illegitimate Authority if it has been tested and there is a Court Decision that has permanent legal force and Courts that have permanent legal force.]]>
<![CDATA[EKSISTENSI PERADILAN TATA USAHA NEGARA DALAM PENYELENGGARAAN PEMERINTAHAN ]]>
<![CDATA[Aspani, Budi]]>
<![CDATA[ Solusi Vol 17 No 2 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i2.172
<![CDATA[Legal protection of citizens for acts committed by the authorities can be done through 3 (three) bodies, namely the State Administration Agency, through administrative efforts, the State Administrative Court, based on Undag - Law Number 5 of 1986, General Judiciary, through Article 1365 of the Civil Code. In an effort to approach the main problem in this study, the authors use the type of library research that is descriptive analysis, namely by conducting research on library materials, then carried out an analysis by referring to the laws and regulations in the fields related to the problem under study. After discussing the existing problems, it can be concluded that the authority or competence of the State Administrative Court Judge is to examine, decide upon and resolve the State Administration dispute between civil persons or legal entities as a result of the issuance of a State Administration Decree. The State Administration Decree issued by the State Administration Agency / Officer can be denied by submitting Administrative Efforts consisting of Administrative Objections and Appeals. Against Decisions Administrative efforts in the form of administrative objections and appeals can be filed with the State Administrative Court within a grace period of 90 (ninety) days from the date of receipt or announcement of the Decree of the State Administration Agency / Officer.]]>
<![CDATA[WEWENANG DAN TANGGUNG JAWAB HUKUM KURATOR ATAS KESALAHAN ATAU KELALAIANNYA MENGAKIBATKAN KERUGIAN BAGI DEBITOR DALAM PROSES HUKUM PENGURUSAN DAN PEMBERESAN HARTA PAILIT ]]>
<![CDATA[Aprita, Serlika]]>
<![CDATA[ Solusi Vol 17 No 2 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i2.173
<![CDATA[ABSTRACT In general, the monetary crisis that hit a country gave an unfavorable influence on the economic life of the country concerned and caused great difficulties in the business community to continue its activities. The ability of the business world to develop its business is very disturbed, even to maintain the continuity of its business activities is also not easy. It was decided that a debtor becomes a bankrupt debtor by the Commercial Court, it will cause legal consequences for the debtor and his assets. In connection with the loss of the right to control and manage the assets of the debtor, the curator has the authority to administer and deposit bankrupt assets. However, in its implementation, the curator has done a lot of mistakes and negligence in carrying out his duties, as found in various case examples, so the debtor must be responsible for errors and omissions. The existence of legal ratios as well as the form and mechanism of curatory legal responsibility has been regulated in Law Number 37 of 2004 based on the theory of legal responsibility and legal protection theory and the opinions of bankruptcy law experts are the main basis for curators to be responsible for their errors or omissions. It is expected that the curator in carrying out his duties to manage and deposit bankrupt debtors' assets can maximally increase the value of bankrupt assets in the interest of creditors.]]>
<![CDATA[PERKAWINAN ANTAR NEGARA DI INDONESIA BERDASARKAN HUKUM PERDATA INTERNASIONAL ]]>
<![CDATA[Siahaan, Hotman]]>
<![CDATA[ Solusi Vol 17 No 2 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i2.174
<![CDATA[Marriage is a legal event when the marriage is a legal marriage. The development of science and technology that so rapidly bring the influence on the easier possibility of relations between human beings, between ethnic groups, and between countries in all aspects of life. One of the effects is mixed marriage phenomenon between spouses of different citizenship, including on Indonesian workers with foreign workers. Different nationalities marriage often raises a problem, especially related to the process of marriage registration that will take place, whether in the country of origin of a prospective husband or in the country of origin of a prospective wife. The procedure of mixed nationality marriage according to international civil law explains that marriage rules to different citizen pairs will use either law of the prospective husband’s State or law of the prospective wife’s State. The problems that arise in a mixed nationality marriage procedure are in the process of preparing a certificate from the marriage officer and at the preparing of the letter or other documents. Completion of the problems that arise in mixed marriages procedures that have prepared government is to provide clear information and website to couples who want to get married. For those who do not comply the rules will be imposed a sanction.]]>
<![CDATA[TINJAUAN HUKUM PIDANA TERHADAP PENGGUNA JASA PROSTITUSI ONLINE ]]>
<![CDATA[Husnulwati, Sri]]>
<![CDATA[ Solusi Vol 17 No 2 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i2.175
<![CDATA[Looking at the articles in the Criminal Code, there are no articles that can be used to ensnare users of commercial sex services or commercial sex workers themselves. If referring to the law, of course, the targeted parties are only brokers and pimps. This study tries to see how the criminal law foundation can be used to ensnare users of online prostitution services. This research is a type of legal research which is also referred to as empirical legal research. The results of this research are, (1) Law No. 11 of 2008 concerning Information and Electronic Transactions is not appropriate to be used to deal with complex prostitution issues, (2) Law Number 44 of 2008 on Pornography does not explain specifically about users of online prostitution services, so in this case the Act cannot ensnare service users in the practice of online prostitution.]]>
