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[PENYELESAIAN SENGKETA TERHADAP OBLIGASI KORPORASI YANG DINYATAKAN PAILIT OLEH PENGADILAN NIAGA ]]>
<![CDATA[ Solusi Vol 22 No 1 (2024): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v22i1.972
<![CDATA[Law of the Republic of Indonesia Number 8 of 1995 concerning capital markets contains bonds which are also regulated in article 1 number 3 of the Minister of Finance Regulation Number 27 of 2020 where bonds are Government Debt Securities (SUN) with a term of more than one year with a coupon. and plus limited interest installments (discounts). Bonds can also be interpreted as liability protection provided by the bond issuer to investors, accompanied by an agreement to replace the principal obligation along with the premium coupon at a predetermined time. Interestingly, regarding these bonds where the company responsible or the issuer is declared bankrupt, what is the settlement system? Settlements within the scope of the security services sector are known as other international settlements which are carried out by means of litigation through the Courts in which the Criminal Procedure Case is implemented.]]>
<![CDATA[PARADIGMA PENEGAKAN HUKUM PIDANA TERHADAP PENAMBANGAN ILEGAL DI LAHAN PASCA TAMBANG DI BANGKA BELITUNG ]]>
<![CDATA[ Solusi Vol 22 No 1 (2024): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v22i1.977
<![CDATA[Law enforcement against mining activities in Bangka Belitung, especially illegal mining, is an urgency that must be carried out in order to maintain balance and environmental ecosystems. Reclamation efforts are part of post-mining activities that cannot be separated from the responsibilities of mining actors as legally implemented as stipulated in Law Number 3 of 2020 (UU No. 3 of 2020) concerning Amendments to Law number 4 of 2009 concerning Mineral Mining and Coal. (UU No. 4 of 2009) and specifically regulated in Government Regulation Number 78 of 2010 concerning Reclamation and Postmining (PP RI No.78 of 2010). The purpose of this study is to analyze the effectiveness of law enforcement against mining activities both in pre-mining activities to reclamation and post-mining activities based on several related regulations. This type of research is using normative juridical research. The implementation of reclamation efforts in Bangka Belitung, which is the obligation of mining actors, has not been fully realized. This is based on the lack of supervision from the authorities and the factors that trigger rampant illegal mining activities. Illegal mining carried out in Jurung Village, Bangka Regency, Bangka Belitung Islands, even on reclamation and post-mining land. Keywords: Law Enforcement; Mining; Reclamation]]>
<![CDATA[The PENERAPAN HUKUM ADAT DALAM PEMBERIAN SANKSI BAGI PELAKU PENCURIAN MENURUT SUKU DAYAK TAMAN SOSAT ]]>
<![CDATA[ Solusi Vol 22 No 1 (2024): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v22i1.1025
<![CDATA[Crimes of theft still often occur around the community, both in cities and villages. Solving crimes of theft in villages more often uses customary law as the first route in resolving these problems. The Indonesian state recognizes the existence of Customary Law and respects traditional rights that develop among indigenous communities. This research aims to discuss the application of Customary Law in imposing sanctions in the form of Customary Sanctions, especially for the Taman Sosat Dayak Tribe with the research location in Sungai Lawak Village, Nanga Taman District, Sekadau Regency, West Kalimantan Province. This research uses empirical research with a qualitative approach with data collection techniques in the form of direct observation, interviews with parties determined as the population and samples to obtain primary data in the research. The results of this research explain that the application of Customary Law in resolving acts of theft against the Dayak people of Taman Sosat is through the provision of EnomBalas Customary Sanctions or the Sixteen Poku Customs. This customary sanction is one of the sanctions in the Taman Sosat Dayak tribe's customary law which has been preserved from the time of their ancestors. These traditional sanctions can be carried out in each hamlet led by the traditional leader and the parties involved in the theft. In giving sanctions, several supporting equipment is required, such as using chicken blood, palm wine, and traditional bowls. The role of the Dayak Taman Sosat tribal community in preventing theft in Sungai Lawak Village is very important.]]>
<![CDATA[IMPLEMENTASI RESTORATIVE JUSTICE MELALUI DIVERSI DALAM SISTEM PERADILAN ANAK ]]>
<![CDATA[ Solusi Vol 22 No 1 (2024): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v22i1.1047
<![CDATA[Children are the nation's generation and have a strategic role in the sustainability of a nation's life inthe future. If a child comes into contact with the law, he or she is given the protection of the JuvenileCriminal Justice System Law which is mandated with the concept of implementing Restorative Justicethrough diversion in the juvenile justice system. The aim of this research is to find out how tostrengthen protection and advocacy, as well as implement Restorative Justice for children in conflictwith the law. The approach uses qualitative and normative methods, which are sourced from data andstatutory regulatory materials which are reviewed and analyzed descriptively. The conclusion of thisarticle is to see how weak regulations and handling are regarding the juvenile criminal justice systemand how far the implementation of Restorative Justice through diversion is applied in handlingjuvenile cases. It is hoped that the Juvenile Criminal Justice System Law will be friendlier to childrenin conflict with the law.]]>
<![CDATA[PERTANGGUNGJAWABAN TINDAK PIDANA PENGANIAYAAN MENGAKIBATKAN LUKA BERAT (Studi Putusan Nomor 76/Pid.B/2023/PN Gdt) ]]>
<![CDATA[ Solusi Vol 22 No 1 (2024): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v22i1.1050
<![CDATA[Riset ini mengeksplorasi Penganiayaan sebagai bentuk kejahatan terhadap tubuh, diatur dalam Pasal 351 hingga Pasal 358 KUHP. Adanya berbagai macam penganiayaan seperti biasa, ringan, berencana, berat, berat berencana, dan yang melibatkan ahli berkualifikasi tertentu memberatkan. Fokus riset adalah memahami faktor-faktor yang mendorong pelaku menganiyaya seseorang yang mengakibatkan luka berat, serta menganalisis pertanggungjawaban pelaku. Dengan menggunakan metode riset yakni yuridis yang merupakan gabungan dari empiris dan normative serta digunakannya data primer beserta data sekunder dikumpulkan melalui studi kepustakaan dan lapangan dengan analisis yuridis. Kesimpulan dari riset ini menegaskan bahwasanya terjadinya tindak pidana suatu kegiatan yakni menganiyaya seseorang yang berimplikasi pada luka berat dipengaruhi oleh berbagai faktor. Dalam konteks ini, setiap pelaku tindak pidana bertanggungjawab atas perbuatannya, seiring dengan frekuensi dari masyaralat yang melanggar berbagai jenis hukum atau norma yang ada di sekitar.]]>
<![CDATA[KAJIAN HUKUM TERHADAP PERKEMBANGAN HUKUM KEPAILITAN DI INDONESIA ]]>
<![CDATA[ Solusi Vol 22 No 1 (2024): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v22i1.1075
<![CDATA[Bankruptcy law is one area of bussines law that continues to experience very rapid development today, especially in term of legal practice. Currently, many developments have occurred in the field of bankruptcy law, including regarding the settlement of debtor debt, the position of separatist creditors, the position of worker wages in bankruptcy, the position of tax debt in bankruptcy, as well as the position of curator fees and bankruptcy costs, all of which must take priority in payment. However, bankruptcy law itself does not fully accommodate these matters.]]>
<![CDATA[KREDIBILITAS MAHKAMAH KONSTITUSI PASCA PUTUSAN MK NOMOR: 90/PUU-XXI/2023 ]]>
<![CDATA[ Solusi Vol 22 No 1 (2024): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v22i1.1076
<![CDATA[Constitutional Court Decision Number 90/PUU-XXI/2023 was decided, relating to the requirement that presidential and vice presidential candidates be at least 40 years old. The basis for the lawsuit is based on Law no. 7 of 2017 concerning General Elections as a material test and juridical basis for the age of presidential and vice presidential candidates. There were many pros and cons regarding the results of the decision, resulting in various reactions from the public who felt they were not satisfied with the results of the decision. So the problem of this research is, how is the credibility of the Constitutional Court after the Constitutional Court decision Number 90/PUU-XXI/2023 in terms of the judge's decision making technique, using normative juridical methods, with the research results that the credibility of the Constitutional Court after the Constitutional Court decision Number 90/PUU-XXI/2023 is reviewed The judge's decision-making techniques reduce public trust in the Constitutional Court as an independent state institution. As for Decision Number 90/PUU-XXI/2023, the Constitutional Court judges prioritized syllogism techniques and paid less attention to analytical and equatable techniques so that the credibility of the Constitutional Court as an independent public institution experienced a decline in credibility in the eyes of the public.]]>
<![CDATA[TEORI KONTROL SOSIAL DAN PENANGANAN PERUNDUNGAN TERHADAP ANAK DENGAN DIVERSI DALAM UPAYA PENCEGAHAN PERUNDUNGAN/ BULLYING DI INSTITUSI KAMPUS ]]>
<![CDATA[ Solusi Vol 22 No 1 (2024): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v22i1.1088
<![CDATA[In persuasive efforts to tackle juvenile delinquency which has an impact on deviant behavior by bullying in campus institutions, it is carried out by using social control theory, where the stages are as follows: Direct control that is given without using restrictive tools and laws, Internalization control that is carried out from within consciously, Indirect control that relates to influential recognition [identification] with parents and other non-criminals and the availability of alternative means and values to achieve goals. The Process of Handling Bullying in Campus Institutions with Diversion as stipulated in Article 1 point 7 of the Child Criminal Justice System Law that Diversion is an effort to transfer the settlement of children's cases from the criminal justice process to a process outside of criminal justice. The concept of Diversion is based on Restorative law. Children as victims, the main focus of the Restorative approach lies in the recovery and compensation of losses. In the mediation process, victims and perpetrators must be accompanied by parents or guardians, community counselors (PK), and professional social workers]]>
<![CDATA[PRINSIP GOOD CORPORATE GOVERNANCE DALAM PENGELOLAAN BADAN USAHA MILIK NEGARA PERSFEKTIF HUKUM BISNIS ]]>
<![CDATA[Wiraguna, M. Aji]]>;
<![CDATA[Hidayah, Ardiana]]>
<![CDATA[ Solusi Vol 22 No 1 (2024): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v22i1.1500
<![CDATA[The implementation of Good Corporate Governance (GCG) as an effective company management system is the implementation of GCG principles which include Transparency, Accountability, Responsibility, Independence, and Fairness in company management. State-Owned Enterprises (BUMN) as entities owned by the state have a significant role in managing the national economy to achieve community welfare. It is expected that the implementation of GCG principles can be optimized in business activities to gain profits and improve the financial performance of the BUMN itself.]]>
<![CDATA[JAMINAN HUKUM BAGI KONSUMEN DALAM MELAKUKAN PEMBELIAN PADA E-COMMERCE DI INDONESIA ]]>
<![CDATA[Husnulwati, Sri]]>;
<![CDATA[Hijawati, Hijawati]]>;
<![CDATA[Yanuarsi, Susi]]>
<![CDATA[ Solusi Vol 22 No 1 (2024): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v23i1.1530
<![CDATA[The implementation of trade in the world has achieved rapid development. Through this development, an online transaction system was created which can be called E-commerce. This transaction system allows someone to carry out buying and selling activities without meeting face to face. This trend has also spread to Indonesia because it is considered to have many positive impacts. In its implementation, regulations and a clear legal basis are needed to facilitate trade transaction activities, especially in protecting consumer rights. The juridical legal basis has been regulated in UUPK, UU ITE, PP PSTE and UU Criminal Code.]]>
