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.
Articles
235 Documents
<![CDATA[KONSTRIBUSI PAJAK KENDARAAN BERMOTOR DAN PAJAK BEA BALIK NAMA KENDARAAN BERMOTOR PADA PENDAPATAN ASLI DAERAH ]]>
<![CDATA[Purnamawati, Evi]]>
<![CDATA[ Solusi Vol 19 No 1 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i1.328
<![CDATA[Regional original income is an indicator of regional independence in terms of finance. The greater the revenue and the percentage of original regional revenue (PAD) to the total regional revenue, the more independent the region is. The formulation of the problem whether the contribution of Motor Vehicle Tax (PKB) and Motor Vehicle Title Fee Tax (BBNKB) has an effect on Regional Original Income (PAD). Motorized Vehicle Tax (PKB) and Motor Vehicle Transfer Fee Tax (BBNKB) have a significant effect on Regional Original Income (PAD). Local taxes are an important source of regional income to finance development and regional governance. Regional tax policies are based on the principles of democracy, equity and justice, community participation and accountability with due regard to regional potential. With the enactment of regional regulations relating to taxes, the ability of regions to finance their expenditure needs will increase, because regions can easily adjust their income. The government is expected to be able to maintain and make more efforts to increase Motor Vehicle Tax revenue, it is necessary to have firm sanctions and improve the existing administrative system.]]>
<![CDATA[SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN DALAM PERJANJIAN KREDIT ]]>
<![CDATA[Asuan, Asuan]]>
<![CDATA[ Solusi Vol 19 No 1 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i1.329
<![CDATA[Power of Attorney Charging Mortgage Rights (SKMHT) the provision of credit / credit agreement (principal agreement) in a written agreement and the debtor with the creditor's approval, which guarantees the form of land rights and power of attorney to impose Mortgage Rights (SKMHT) and Deed of Granting Mortgage Rights (APHT) ). The power of attorney is special and authentic which must be made before a Notary or PPAT based on the provisions in Article 15 paragraph (1) of Law Number 4 of 1996 concerning Mortgage Rights. Barriers to the issuance of Power of Attorney to impose Mortgage Rights (SKMHT) and Deed of Granting Mortgage Rights (APHT) are very expensive / high costs and the land of the SKMHT object is not yet a land title certificate / has not been registered at the National Land Agency office.]]>
<![CDATA[PRINSIP TANGGUNG JAWAB PENGELOLAAN BARANG MILIK NEGARA MENUJU GOOD GOVERNANCE ]]>
<![CDATA[Agustina, Enny]]>
<![CDATA[ Solusi Vol 19 No 1 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i1.330
<![CDATA[State property or abbreviated as BMN is a state asset whose management must be regular and accountable in accordance with the prevailing laws and regulations and not in conflict with the rules and laws where the responsibility starts from the source or input, the process carried out, to the result or output. which is obtained. This study uses normative legal research or doctrinal legal research with a legal inventory approach, which collects norms that have been identified as legal norms. As normative legal research, the data source used is secondary data, consisting of primary, secondary and tertiary legal materials. Qualitative analysis of research data, namely comparing or applying applicable laws and regulations, the opinions of scholars (doctrines) and other legal theories. Research conclusions deductively, namely drawing conclusions starting from the general to the specific. The conclusion of this study is the law, binding regulations are considered very responsible for protecting state assets for the realization of good governance.]]>
<![CDATA[PERDAMAIAN MENJADI PILIHAN UTAMA DALAM PENYELESAIAN KASUS KECELAKAAN LALU LINTAS ]]>
<![CDATA[Barhamudin, Barhamudin]]>;
<![CDATA[Dahwir, Ali]]>
<![CDATA[ Solusi Vol 19 No 1 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i1.331
<![CDATA[The purpose of this research is to see the reasons for peace being the main choice in solving traffic accident cases. This research is a normative legal research, which uses secondary data as the main data obtained from literature studies, namely by studying knowledge of the law and various regulations related to the settlement of traffic regulations. The results of the study show that peace is the solution to solving traffic accident cases because of the awareness of both parties to establish a good relationship between the families of the perpetrators or victims of accidents and the influence of customary law that still exists in society and the legal culture that exists in society. Settlement of traffic accident cases carried out amicably is a peaceful agreement made only according to customary law and causes the case to be invisible or no longer exists or so that the perpetrator of the traffic accident gets legal relief from the court; Discretion on the part of law enforcement. A peace agreement made based on customary law, but from a statutory point of view it is not binding.]]>
<![CDATA[TANGGUNG JAWAB PRODUK DALAM TRANSAKSI E-COMMERCE ]]>
<![CDATA[Fitriah, Fitriah]]>
<![CDATA[ Solusi Vol 19 No 1 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i1.332
<![CDATA[Product responsibility in e-commerce transactions is the civil responsibility of business actors for losses suffered by consumers due to using the products they produce, the presumption of liability principle as a modification of the principle of responsibility on the reverse burden of proof. The principle of absolute responsibility adopted by producers gives very important attention to producers in protecting consumers as the weak party in carrying out a transaction, especially in e-commerce transactions. Product liability that adheres to stict liability can be very useful for consumers in protecting consumers in e-commerce transactions. So that consumers are not obliged to prove a mistake, it's just that consumers in a transaction should be able to prove that a product they use is defective so that it is detrimental to it.]]>
<![CDATA[HAK DAN KEDUDUKAN ANAK LUAR NIKAH YANG DIAKUI TERHADAP WARISAN TANAH DITINJAU DARI HUKUM PERDATA ]]>
<![CDATA[Hijawati, Hijawati]]>;
<![CDATA[Rizayusmanda, Rizayusmanda]]>
<![CDATA[ Solusi Vol 19 No 1 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i1.333
<![CDATA[This writing is done with the aim of knowing how the provisions of children outside of marriage are recognized according to the Civil Code (KUHPerdata) and how the rights and positions of children outside marriage are recognized as inheritance according to the Civil Code. By using the normative juridical research method, it can be concluded that every child born outside of a legal marriage bond is a child outside of marriage. Based on the provisions of the Civil Code, children outside of marriage are deemed not to have any legal relationship with their parents if there is no acknowledgment from the father or mother, thus if the outside child is recognized and followed by the legalization of the child from the parents, then he or she can inherit the inheritance from the parent. admit it, and of course the distribution of inheritance based on law. Based on the Marriage Law, namely Law Number 1 of 1974 (Article 43 paragraph (1)), even illegitimate children who are not recognized automatically have a civil relationship with their mother and their mother's family. The rights and position of out-of-wedlock children in relation to the inheritance of the parents who admit it on the child legitimacy are basically the same as the legal children. The recognized and legalized illegitimate child is truly an heir who has the same rights as a child born in a legal marriage. Judging by civil law, the distribution of inheritance has been determined based on the groups of heirs.]]>
<![CDATA[ASPEK HUKUM PIDANA DALAM PERJUDIAN SECARA ONLINE ]]>
<![CDATA[PURNAWINATA, DODY TRI]]>
<![CDATA[ Solusi Vol 19 No 2 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i2.356
<![CDATA[Advances in the world of information and technology provide a new way of online gambling. There are many difficulties in uncovering an online gambling case either to determine the perpetrators of online gambling as well as to determine the place and time of the occurrence of a criminal act of online gambling as well as legal liability for the offender. The materials used in this law research are primary legal materials, secondary, and tertiary. The collection of legal materials research done by identifying, inventorying legislation, researching material library, reading books and other resources related to the problem being studied. Legal materials that have been collected and processed with the interpretation of legal materials and then deduced to draw conclusions about determining the perpetrators, determining locus and tempus delicti and legal liability of online gambling as criminal act in normatif explanantion. The result of this study that in determining the perpetrators of online gambling should be filled ellement are attached to the subject of law (subjective) and attached to the deed (objective), in this case commonly used theories in Indonesia related to locus and tempus delicti can be used in determining locus and tempus delicti relating to the competence of the court,although with advances in technology make it possible for the perpetrator to decieve the real locus and tempus. Legal liability of the offender based on person’s condition to be liable for their actions regardless of their justification and excuse.]]>
<![CDATA[LEMBAGA BANTUAN HUKUM DALAM PERSPEKTIF HAK ASASI MANUSIA ]]>
<![CDATA[Agustina, Enny]]>;
<![CDATA[Eryani, Susanti]]>;
<![CDATA[Dewi, Virna]]>;
<![CDATA[Pawari, Rahmiati Ranti]]>
<![CDATA[ Solusi Vol 19 No 2 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i2.357
<![CDATA[One form of protection of human rights is providing legal assistance. This research discusses the role and position of legal aid institutions from a human rights perspective as well as the role of the state in empowering legal aid institutions as a means of legal protection in society. This study uses a normative research method, in which the data sources used come from literature books, law magazines, legal journals, and other library materials. The conclusion of this research is that legal aid is the most human right of every person and is guaranteed by the laws of Indonesia. In fact, legal aid activities are currently running in accordance with the expectations of the community, as outlined by the provisions of the prevailing laws and regulations. Its functions and roles as law enforcement officers in the field of counseling and information as well as legal reform, until now have been very helpful and seen in the practice of constitutional law in Indonesia. The provision of legal aid as a state obligation to fulfill the constitutional rights of citizens is expanded in Law Number 16 of 2011 concerning Legal Aid by involving not only advocates, but also paralegals, lecturers and law faculty students.]]>
<![CDATA[IMPLEMENTASI ASAS KETERBUKAAN DALAM PENYUSUNAN PERATURAN DAERAH ]]>
<![CDATA[Dani, Akhmad]]>
<![CDATA[ Solusi Vol 19 No 2 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i2.358
<![CDATA[The principle of openness is the principle that determines that every activity and the final result of one example in making a regional regulation must be accountable to the people as the highest sovereignty. One of the main features in the formation of regional regulations must be transparency. One of the important elements in the context of realizing good governance is the existence of good regional regulation management. The government is required to be open and guarantee access to control holders to various information regarding the public policy process, budget allocations for policy implementation, as well as monitoring and evaluation of policy implementation. There are 2 factors that influence the implementation of the principle of openness of the Regional People's Representative Council (DPRD) in the preparation of Regional Regulations, there are 2 supporting factors, namely the availability of adequate facilities and infrastructure, the willingness of experts and procurement personnel on duty, and the presence of DPRD members (on time). Inhibiting factors are the lack of understanding or uneven understanding of DPRD Members on the preparation of Regional Regulations, ineffective communication patterns, late submissions of Budget Work Plans from the City Government, some DPRD members seem to prioritize party interests rather than those of the people, and DPRD still consider the results of the stipulation of Regional Regulations. (document) is confidential.]]>
<![CDATA[PUTUSAN MAHKAMAH KONSTITUSI BERSIFAT FINAL DAN MENGIKAT (BINDING) ]]>
<![CDATA[Johansyah, Johansyah]]>
<![CDATA[ Solusi Vol 19 No 2 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i2.359
<![CDATA[The Constitutional Court has the authority to judge at the first and last levels whose decisions are final and binding. The Constitutional Court decision which is final and binding, contains 4 (four) legal meanings, namely: First, in order to realize legal certainty as soon as possible for the disputing parties. Second, the existence of the Constitutional Court as a constitutional court. Third, meaning as a form of social control exercised by the Constitutional Court. Fourth, as the guardian and sole interpreter of the constitution. The Constitutional Court's decision is final and binding, giving birth to a number of legal consequences in its application. Constitutional Court decisions can be classified into 2 (two) broad lines, namely decisions of the Constitutional Court which have positive legal consequences and negative legal consequences. As for the legal consequences that have positive meanings, namely: Ending a legal dispute; Maintain the principle of checks and balances; and Encouraging the political process. Meanwhile, the legal consequences arising from the Constitutional Court's decision are final and binding in a negative meaning, namely: The closure of access to legal remedies and the occurrence of legal vacuum.]]>
