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Solusi
Published by Universitas Palembang
ISSN : 02169835     EISSN : 2597680X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 235 Documents
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PENERAPAN DAN PEMBERIAN BANTUAN HUKUM BAGI MASYARAKAT KURANG MAMPU Sunggara, Muhamad Adystia; Meliana, Yang; Gunawan, Arifin Faqih; Yuliana, Sri
Solusi Vol 19 No 2 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i2.360

Abstract

The protection and recognition of human rights of every individual or citizen is an obligation for the state as a logical consequence of its establishment as a rule of law and a person has the right to be treated equally before the law, including for poor people who are in trouble with the law. This research is normative legal research or doctrinal legal research with a legal inventory approach, which collects norms that have been identified as legal norms. The conclusion of this study is that legal aid is not a guarantee in the form of access to law and justice for the poor because the application of legal aid at the practical level in the community still reaps several problems that hinder the realization of access to law and justice for the poor. First, the non-working normative legal framework. Second, the lack of legal awareness regarding legal aid. Third, access to justice which is formality. Fourth, discrimination and complicated procedures in funding legal aid. Fifth, there is no supervision in the application of legal aid.
ASAS IKTIKAD BAIK DALAM KONTRAK ELEKTRONIK Hidayah, Ardiana
Solusi Vol 19 No 2 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i2.361

Abstract

Electronic Contract as an agreement between the parties using an electronic system. Electronic System is a series of electronic devices and procedures that serve to prepare, collect, process, analyze, store, display, announce, transmit, and / or disseminate electronic information. All forms of agreements including electronic contracts must be carried out in good faith based on Article 1338 paragraph 3 of the Civil Code. The principle of good faith is the principle for the parties, namely the business actor and the consumer must carry out the substance of the contract based on strong trust or belief or the goodwill of the parties. The phases in the implementation of good faith include the phase before the contract occurs, the phase when the contract occurs or takes place until the phase after the contract is executed.
KEDUDUKAN CAMAT MENURUT UNDANG UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH Barhamudin, Barhamudin; Hendra, Hendra
Solusi Vol 19 No 2 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i2.362

Abstract

The research objectives are: Knowing the position, duties and authority of the sub-district head according to Law Number 23 of 2014. Data sources are: Secondary data, namely data obtained from a literature study consisting of: primary legal materials, secondary legal materials, and tertiary legal materials. . : The position and role of the sub-district head needs to be returned to his position as head of the region who carries out attributive functions, also carries out delegative functions, a camat is needed who is able to increase his role in relation to the system and organizational structure, empowerment of sub-district human resources and optimize service functions to the community, roles and functions The camat needs to be directed to an attributive function without neglecting the authority function of the regional head. In the implementation of regional government according to Law Number 23 of 2014 concerning Regional Government, namely the District is no longer a unit of government territory, but as a unit of work or service area. Camat leadership is an important thing that is needed by every level of the organization in realizing the common goal of coordinating all the power and efforts in carrying out all the tasks and responsibilities assigned to it.
KEBIJAKAN INVESTASI MASA PADEMI COVID-19 DI INDONESIA Husnulwati, Sri; Yanuarsi, Susi
Solusi Vol 19 No 2 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i2.364

Abstract

The Investment is all forms of investment activities, either by domestic investors or foreign investors to conduct business in the territory of the Republic of Indonesia. The basic policy on investment regulations is in line with one of the goals of forming a state government, namely, to advance the general welfare. During the Covid-19 pandemic in Indonesia, which has caused people's purchasing power to decline in consumption activities, it is necessary to encourage government spending and additional investment. Investment policies must make it easy for investors to invest in Indonesia. Law Number 11 of 2020 concerning Job Creation provides convenience in investing, especially in licensing issues. The Job Creation Law is expected to increase investment in Indonesia.
PERLINDUNGAN HUKUM LELANG EKSEKUSI HAK TANGGUNGAN Asuan, Asuan
Solusi Vol 19 No 2 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i2.365

Abstract

Parate Executie or direct execution, namely the execution of mortgage rights which is carried out by selling the object of the mortgage right by the holder of the first mortgage on his own power through a public auction and taking the payment of the debt from the sale proceeds. Protection of mortgage auction has actually been carried out in a preventive manner by the State Wealth and Auction Service Office (KPKNL) because prior to the auction, KPKNL notifies the auction participants regarding the documents, conditions and conditions of the object to be auctioned in truth and as it is as well as the consequences and risks that may arise from the auction object. Regarding repressive protection, namely efforts to obtain legal protection through judicial bodies and obstacles to implementation, there is no agreement on the price of the object being auctioned.
PENGATURAN TINDAK PIDANA PORNOGRAFI DALAM SISTEM HUKUM INDONESIA Martini, Martini
Solusi Vol 19 No 2 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i2.366

Abstract

The regulation of pornography in the legal system in Indonesia begins with regulating criminal acts, followed by criminal acts of pornography, and ends with the essence of regulating pornography crimes. The criminal act of pornography in the Indonesian criminal law system, among others, is regulated in the Criminal Code (KUHP) as a crime against decency as regulated in Article 281 and Article 282. In particular, pornography is regulated in the Pornography Law Number 44 of 2008 which regulates about pornography which is a criminal act. Law Number 19 Year 2016 Amendments to Law Number 11 Year 2008 Concerning Information and Transactions (UU ITE), particularly in the use of the internet, alludes to the issue of pornography but is related to content that violates decency. There are sanctions against pornography, both the main and additional crimes in accordance with the applicable provisions
TINJAUAN HUKUM ATAS PENYALAHGUNAAN DATA BANTUAN SOSIAL DI MASA PANDEMI COVID-19 Disurya, Ramanata; Suryati, Suryati
Solusi Vol 19 No 3 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i3.363

Abstract

Social assistance in the form of money, goods or services is very valuable in the midst of disasters, especially in the Covid-19 pandemic. It becomes highly anticipated by the affected communities as well as tempting things to be abused for irresponsible people. This study aims to find out how the legal review of the misuse of social assistance data during the Covid-19 pandemic. The research method used in this study is the normative method of law. The results of this study are , (1) all forms of misappropriation of social assistance funds are punishable under Article 43 paragraph (1) of Law No. 13 of 2011, (2) concerning the hoarding of social assistance with the purpose of benefiting themselves punished according to Article 3 of Law No. 31 of 1999 concerning the Eradication of Corruption crimes jo
FUNGSI MAKROPRUDENSIAL BANK INDONESIA TERHADAP BANK SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN Mirza, Farrah Rizky Amelia
Solusi Vol 19 No 3 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i3.369

Abstract

Macroprudential supervision and regulation in strengthening the function and active role of Bank Indonesia as a systemic regulator in maintaining financial system will be greatly assisted by the existence of Financial Services Authority (OJK). In OJK assist Bank Indonesia to conduct moral suasion to banking. This study discusses Bank Indonesia’s macroprudential function against banks, their limits of scope, and functional relationship between Bank Indonesia and OJK after the enactment of Law Number 21 of 2011 on OJK. It is expected that the arrangement of cooperation or coordination between the two institutions will be clearly illustrated. The method used in this study is normative law with legislative, conceptual, and historical approaches. The types and source of legal materials include primary, secondary, and tertiary legal materials. The technique used for drawing conclusions is deductive thinking, the way of thinking in which general statements are drawn into specific conclusions to obtain answers to the problems to be discussed in this journal. The study results showed that the limit of scope of macroprudential supervision/authority of BI after the coming into effect of the Law were macroprudential regulation and supervision. Macroprudential supervisory function of BI prior to the existence of OJK was to establish and implement monetary policy, regulate and maintain a smooth banking system, regulate and supervise banking activities. Macroprudential supervisory function of BI following the enactment of the Law is limited to having only a monetary policy role, maintaining rupiah stability. BI and OJK have functional relationship on macroprudential and microprudential supervision after the enactment of the law, cooperation and coordination in the implementation of their tasks according to their respective authorities, information exchange of Financial Services Institutions, and management of reporting system of banks and finance companies by BI and OJK.
PENERAPAN SANKSI KEBIRI KIMIA TERHADAP PELAKU TINDAK PIDANA SEKSUAL TERHADAP ANAK Dahwir, Ali; Barhamudin, Barhamudin
Solusi Vol 19 No 3 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i3.422

Abstract

Sexual crimes that make children as victims are extraordinary crimes that threaten and endanger children's psychology and can eliminate comfort, peace, security, and order in society. The problem discussed in this paper is how to apply chemical castration sanctions to perpetrators of sexual crimes against children. In answering the existing problems, using normative legal research methods are descriptive analytical. The analysis was carried out qualitatively, using a legal approach, a case approach and a philosophical approach. The results showed that the Indonesian Doctors Association did not want to be the executor of chemical castration punishment, this was because doctors were bound by an oath and a code of medical ethics. In this code of ethics, philosophically, doctors have the task of trying to heal, not vice versa, namely by using science to carry out actions that are contrary to humanity, namely revoking a person's health even if only temporarily. It is the duty of the police to enforce the law against the decisions made by the court. The execution can be carried out by nurses and skilled personnel free from the oath of office. Nurses carry out castration injections on the basis that they have met the criteria that have been set as requirements for providing health services, as regulated in the Nursing Act.
EFEKTIVITAS PEMIDANAAN NARAPIDANA PELAKU PEREDARAN NARKOTIKA JARINGAN LEMBAGA PEMASYARAKATAN DI KOTA BENGKULU Pradityo, Randy; Jayanuarto, Rangga; Pradeva, Yozie; Susiyanto, Susiyanto
Solusi Vol 19 No 3 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i3.423

Abstract

Drug trafficking is an extraordinary crime. Circulation of narcotics is not only carried out by international, national scale networks, but is also carried out by prisoners in the Correctional Institution as perpetrators of trafficking. This study will measure the effectiveness of punishment against inmates who are perpetrators of narcotics trafficking in the Correctional Institution network in Bengkulu City. The results of this study indicate that the punishment of inmates who commit narcotics trafficking in the prison network has not been effective. Many factors have caused it to be ineffective, the most important of which is the number of inmates who are perpetrators of narcotics trafficking, the prison network continues to grow, while special prisons for narcotics cases are not yet available. Then, from the aspect of implementation and supervision of punishment in the Correctional Institution, it has not been carried out optimally due to limited human resources, both in quality and quantity. Convicts become perpetrators of narcotics trafficking in Correctional Institutions due to various things. For example, there is an influence from the environment of fellow prisoners who are perpetrators of narcotics trafficking in the Correctional Institution, as well as due to the economic factors of the prisoners.

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