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[FUNGSI ILMU KEDOKTERAN FORENSIK DALAM PENYIDIKAN PADA KASUS PENGGUGURAN KANDUNGAN (ABORSI) ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.787
<![CDATA[Based on the provisions of the Criminal Code ( KUHAP),an investigator must prove whether a criminal act has really occured,in this case an illegal abortion,namely by having evidence as regulated in article 184 of the Criminal Procedure Code.In accordance with this provisions, forensic medical science,in this case a forensic doctor,in conducting research to find the cause of the Crime of illegal abortion (Abortion) in the case which caused the death of the victim, the results of the research from a forensic doctor are outlined in the certificate of the cause of the victim,s death due to an illegal abortion (abortion) in the form of a Visum Et Refertum,this is evidence for investigators to submit the case to Court.]]>
<![CDATA[TANGGUNG JAWAB ORGAN PERSEROAN TERBATAS DALAM KEPAILITAN PERSEROAN TERBATAS ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.861
<![CDATA[A limited liability company as a legal institution which is an association of capital in carrying out its daily business activities is controlled by three main organs that are authorized by the corporation law to run the company, namely the general meeting of shareholders, directors, and commissioners. In the day to day management of the company, the directors will be fully responsible. the responsibilities of the directors are not only limited to the day to day management of the company, but the directors are also responsible for bankruptcy that befalls the company caused by their mistakes or negligence. Likewise, other company organs are also responsible if the bankruptcy of the limited liability company is caused by their mistakes or negligence.]]>
<![CDATA[PIDANA MATI SEBAGAI ULTIMUM REMEDIUM TERHADAP PELAKU TINDAK PIDANA KORUPSI DANA BANTUAN SOSIAL COVID-19 ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.1043
<![CDATA[Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 confirms the rules regarding the death penalty in Article 2 paragraph (2), namely "In the event that the criminal act of corruption as intended in paragraph (1) is committed under certain circumstances, the death penalty can be imposed." Thus, if you look at the phrase "certain circumstances" in Article 2 paragraph (2), it is interpreted as circumstances that can be used as a reason for criminal aggravation for perpetrators of criminal acts of corruption, such as overcoming dangerous situations, national natural disasters, overcoming the consequences of widespread social unrest, overcoming the economic and monetary crisis. So it can be said that the criminal act of corruption in Covid-19 social assistance funds is included in certain circumstances, so that perpetrators of the criminal act of corruption in Covid-19 social assistance funds can be subject to the death penalty as regulated in Article 2 paragraph (2). The death penalty is the ultimum remedy for perpetrators of criminal acts of corruption which is only carried out if other efforts are unable to overcome the criminal act of corruption.]]>
<![CDATA[JUSTICE COLLABORATOR DALAM HUKUM PIDANA INDONESIA ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.1055
<![CDATA[The term justice collaborator became popular again when the alleged murder of Police Brigadier Nofriansyah Yosua Hutabarat alias Brigadier J or Brigadier Y occurred on July 8 2022 at the official residence of Inspector General of Police Ferdy Sambo. Bharada E is willing to be made a justice collaborator, and hopes that this status will be considered by the judge in the trial of the alleged murder case of Brigadier Yosua Hutabarat. This research discusses how the justice collaborator law should ideally be regulated in Indonesian criminal law. This type of research is explanatory normative legal research using secondary data with a statutory approach, case approach and concept approach. In Indonesian criminal law, justice collaborators are not specifically regulated. Therefore, it is urgent that it be regulated formally with substance: Providing protection for a justice collaborator and his family. Get a sentence of no more than 2 (two) years for serious crimes and receive a conditional sentence for ordinary crimes. Detention of suspects as justice collaborators is separated from other suspects. Given the right not to appear at the hearing. Case filings must be separated from other suspects. If the justice collaborator has become a prisoner, he will be given a special remission.]]>
<![CDATA[AKIBAT HUKUM ATAS WANPRESTASI YANG TERJADI PADA PRAKTIK ENDORSEMENT DALAM PERSPEKTIF KUHPERDATA ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.1056
<![CDATA[The endorsement agreement is based on an agreement between the endorser and the online shop. The provisions of each party contained in the work contract must be implemented by the parties, both their rights and obligations. The occurrence of negligence/default on a mutual agreement will give rise to legal consequences for the parties. Default is regulated in article 1238 of the Civil Code. The debtor is declared negligent by means of a warrant, or by means of a similar deed, or based on his own strength and commitment, namely if this agreement means that the debtor must be deemed negligent after the specified time has elapsed. Default is a breach of contract which means that one party does not carry out its performance in accordance with the agreed agreement. Default of course has juridical consequences where the party committing the default must bear the legal consequences of the default. This compensation is clearly stated in article 1246 of the Civil Code where the compensation referred to here is in the form of costs that have actually been incurred, loss which means loss due to damage to the creditor's property caused by the debtor and also in the form of interest, namely the profit that should have been obtained.]]>
<![CDATA[PERLINDUNGAN HUKUM HAK CIPTA ATAS KARYA TULIS YANG DITERBITKAN MELALUI MEDIA ELEKTRONIK ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.1057
<![CDATA[A form of copyright legal protection for electronic media is that the author can repressively prosecute individuals involved in the written work. Preventatively, writers who publish written works via electronic media also receive legal protection from the government which aims to prevent violations before they occur. Then, the legal consequences if there is a violation of a written work through electronic media, namely, in a repressive manner, a person who violates a copyrighted work, in this case a written work, will receive sanctions in the form of fines, imprisonment and additional penalties given by the government if the author is the one who disadvantaged by prosecution. In Constitution No. 28 of 2014 concerning Copyright, it is also explained that "Copyright is the exclusive right of the creator which arises automatically based on declarative principles after a work is realized in real form without reducing restrictions in accordance with the provisions of statutory regulations".]]>
<![CDATA[PEMULIHAN ASET NEGARA MELALUI GUGATAN PERDATA DAN TAHAPAN PENGEMBALIAN ASET HASIL TINDAK PIDANA KORUPSI (Suatu Terobosan Konstruktif dalam Penegakan Hukum yang Progresif) ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.1058
<![CDATA[Law The efforts of the State Attorney in connection with the return of state finances due to corruption crimes by conducting civil suits, on the other hand, civil suits are filed after criminal acts are no longer possible, because they are faced with certain conditions as referred to in Articles 32, 33, 34, 38C of Law Number 31 of 1999 concerning Eradication of Corruption Crimes as amended by Law Number 20 of 2001. Without the regulation in the Corruption Eradication Law, it is not possible to file a civil lawsuit. Civil suits under Article 33 and Article 34 thus require two things: 1. the suspect or defendant dies during the investigation process or court hearing, 2. there has been a real loss of state finances. The provisions of Articles 33 and 34 of the GCPL Law indicate that in any way state financial losses must be recovered even if the suspect or defendant dies. Such conditions make the lawsuit can be addressed to his heirs. Such conditions make the lawsuit can be addressed to his heirs. The GCPL Law explicitly, in addition to including material requirements in the form of state financial losses and unlawful acts, also determines formal requirements. The formal requirements in a civil lawsuit relate to the position of the state as the plaintiff. The government in order to organize welfare, protection of its citizens has the right to file a civil lawsuit to the court (Legal Standing of the Government). The action to return assets resulting from corruption is carried out in 4 (four) stages: the asset tracking stage, the freezing or return of assets stage, the confiscation of assets stage and the last stage is the handover of assets resulting from corruption to the victim or the victim's country.]]>
<![CDATA[PELAKSANAAN REKAM MEDIS ELEKTRONIK BAGI PASIEN ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.1059
<![CDATA[In implementing electronic medical records for patients, normative legal research is used as a legislative approach. The materials used are secondary, primary and tertiary legal materials. Research results: Ownership and contents of medical records from Regulation of the Minister of Health of the Republic of Indonesia No. 24 of 2022 concerning electronic medical records, states that medical records are the property of health services and health services are obliged to be responsible for all cases of loss or damage to the data, and must adhere to the principles of data and information security.]]>
<![CDATA[HAK WARIS TERHADAP ANAK ANGKAT (ADOPSI) MENURUT KUH PERDATA ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.1060
<![CDATA[Adoption is an act of taking someone else's child to be raised and treated as one's own child, based on legal provisions and collective agreements that apply in the community concerned.In this writing, it is used as a discussion regarding the process or procedure for adopting children and the position of adopted children in terms of inheritance. This research uses literature methods and a type of normative juridical research based on legal provisions relating to the problem, it is concluded, The Civil Code does not regulate the issue of adopting children. Regarding the Position and Process of Adopting Children (adoption) is regulated in Articles 5 and 15 of Staatblad No. 129 No. 129. The procedures and requirements for adopting a child are regulated in Chapter III in Articles 12 and 13 of Government Regulation No. 54 of 2007 which states that adopted children are under 18 years of age and the adoptive parents have a family and a maximum age of 55 years. To obtain legal status for an adopted child, a process is carried out through a determination by the local District Court. The position of an adopted child (adopted) is as a legitimate child and can be equated with a child born from a marriage between the husband and wife who adopted him (Staaatsblad No. 129 of 1917, namely articles 11, 12 and 14), to obtain inheritance rights with a will of appointment. inheritance (erfstelling) Article 954 – 956 of the Civil Code and can be determined by a district court judge.]]>
<![CDATA[PERANAN KOMISI NASIONAL HAK ASASI MANUSIA DALAM PERADILAN PIDANA ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.1061
<![CDATA[The aim of the research is to determine the role of Komnas HAM if serious human rights violations occur in the criminal justice system. This work is based on normative legal methods, i.e. The applicable legislation is currently being studied. The data used in this research are: Secondary data, namely. materials obtained from library research, consisting of: primary legal materials, secondary legal materials, tertiary legal materials. The results of the investigation show that Komnas HAM acts as an investigator of serious human rights violations and the investigation is carried out by the Attorney General's Office. This separation of research and investigative duties also creates problems in the relationship between these two institutions when resolving important human rights cases.]]>
