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[KAJIAN YURIDIS PROGRAM PENERBITAN SERTIPIKAT HAK ATAS TANAH ELEKTRONIK ]]>
<![CDATA[Agustina, Enny]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i3.424
<![CDATA[This study discusses how the juridical study of the electronic land rights certificate issuance program and how the mechanism in the issuance of electronic land rights certificates. This research method is normative legal research with a statutory approach, by reviewing regulations related to legal issues. The result of this research is the juridical aspect of issuing electronic certificates is contained in the Minister of ATR/Head of BPN Regulation Number 1 of 2021. In Article 1 number 8 of the Ministerial Regulation defines electronic certificates as "Certificates issued through the Electronic System in the form of Electronic Documents". So the results of land registration activities are published in the form of electronic documents. The mechanism for issuing electronic certificates in accordance with the Regulation of the Minister of Agrarian Affairs and Spatial Planning Number 1 of 2021 concerning Electronic Certificates begins with the issuance of certificates for the first time and continues with the replacement of conventional certificates with electronic certificates, although this is not mandatory, it is considered important to be applied to minimize document falsification. The conclusion in this study is that an electronic system is a necessity for today's modern era, but to ensure and not reduce the legal certainty of land rights, a comprehensive and holistic study, both juridically and technically, on electronic certificates needs to be carried out and criminal acts as if It is also developing along with the development of information technology, it is feared that there will be a risk to electronic certificates, especially forged electronic signatures, because to find out if it is falsified or not, there must be a verification of the comparison of the similarity of values between documents and electronic signatures, this is what makes the difference between electronic signatures in electronic certificates so that the risk of forgery can be detected immediately by itself.]]>
<![CDATA[TINJAUAN HUKUM TANGGUNG JAWAB PENGELOLA ATAS KEJAHATAN DI MALL ]]>
<![CDATA[Sundari, Sundari]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i3.425
<![CDATA[The establishment of a modern shopping center in Indonesia that has great potential to attract attention to people who like to shop. In addition, as a center of the crowd, the mall has a huge potential for crime. The study aims to legally review how managers are responsible for crimes on the Mall. The research method used in this study is a normative method of law. The results of this study are First, before deciding to file a PMH lawsuit against the mall manager, it is advisable to consider carefully the amount of compensation compared to all the time, energy, and costs that may arise from filing the lawsuit. Second, even if the aggrieved party does not ask for damages to the mall manager through the PMH lawsuit, you still have the right to ask for the damages, because the article 1365 of the Civil Code states that the obligation to pay damages arises when the unlawful act causes harm, not when there is a court ruling.]]>
<![CDATA[PENGANGKATAN ANAK DALAM KAJIAN PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[L. Tobing, R. Sondang]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i3.428
<![CDATA[Adopted children in Islam are not biological children, thus prohibiting adoption with an intention to make other people's children become their own and equate in their heart's belief that the adopted child is their biological child. In Islam the basis of goodness; deeds and their damage is intention. That the intention of adopting a child is to worship in the framework of love as a fellow creature of God so that the child is not neglected in his life. The emotional closeness that exists because of the parenting factor does not cause an adopted child to be believed like he is a real biological child. However, in his upbringing, he is still obliged to treat him fairly and properly within the framework of loving him as a fellow creature. Adoption of children in Islam is child care carried out by adoptive parents (foster parents).]]>
<![CDATA[ANALISIS YURIDIS PERMOHONAN EUTHANASIA DALAM PERSPEKTIF HAK ASASI MANUSIA DI INDONESIA ]]>
<![CDATA[Sunggara, Muhamad Adystia]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i3.429
<![CDATA[Euthanasia is the act of intentionally ending a person's life with the aim of relieving his suffering or illness, for example, a patient suffering from an incurable disease has the possibility to propose ending his life by lethal injection or discontinuing treatment. This study discusses how to apply for euthanasia in the perspective of Human Rights in Indonesia and how to euthanasia from the aspect of criminal law. This research method is normative legal research with a statutory approach, by reviewing regulations related to legal issues. The results of this study are the general principle of the Criminal Code (KUHP) relating to the problem of the human soul is to provide protection, so that the right to live naturally as human dignity is guaranteed, then based on Indonesian law euthanasia is an act that is against the law and part of fulfilling Human rights, which humans are free to make their life choices which are regulated by law. Article 344 of the Criminal Code can no longer be used to ensnare euthanasia and must be revised, because the elements of euthanasia are not fully covered in the article. The conclusion in this study is that it is not easy to assess whether the act is contrary to criminal law, if it is not clear that the relationship between the criminal law and the criteria used as benchmarks, for an act which according to medical standards may escape criminal law. For this reason, criminal law should still be guided by generally accepted principles, namely actus non facit reum nisi mens sit rea or an act does not innocence, used in seeking material truth produced through proving the existence of a causal relationship between actions and consequences.]]>
<![CDATA[KAJIAN SOSIOLOGIS GUGATAN KELOMPOK (CLASS ACTION) DALAM PERLINDUNGAN HUKUM KONSUMEN ]]>
<![CDATA[Roni, Abdul]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i3.430
<![CDATA[The perspective of Sociology of Law, the effectiveness of class action is an aspiration of the community which has been often ignored by producers. The main problem in law enforcement lies in the factors that may influence it. The legal factor itself, which is limited to the law only. Law enforcement factors are the parties that form and apply the law. Factors of facilities or facilities that support law enforcement. Community factors, namely as a result of work, creativity and taste based on human initiative in social life. Cultural factors, namely as a result of work, creativity and taste based on human initiative in social life. These factors affect law enforcement which is very influential for people who want to file class actions. Recognition theory and law enforcement factors in its application are very effective. Sociologically it must be implemented so that if there is a violation by the producer, the consumer can take a class action.]]>
<![CDATA[KEWENANGAN PENYIDIK PEGAWAI NEGERI SIPIL DALAM MELAKUKAN PENYIDIKAN TERHADAP TINDAK PIDANA PENCUCIAN UANG YANG BERSUMBER DARI TINDAK PIDANA ASAL ]]>
<![CDATA[Hendra, Hendra]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i3.431
<![CDATA[The crime of money laundering is a crime that is included in organized crime and therefore efforts to overcome it must use strong legal instruments. There are six institutions that have the authority to investigate money laundering cases. The six institutions are the Indonesian National Police, the Attorney General's Office, the Corruption Eradication Commission (CEC), the National Narcotics Agency (NNA), the Directorate General of Taxes and the Directorate of Customs and Excise and the Ministry of Finance. In addition to the six institutions regulated in the law above, there are still institutions that have the authority to investigate money laundering crimes that investigate cases of predicate offence, namely civil servant investigators. Therefore, the focus of the problem is what is the position of Civil Servant Investigators (CSI) in the Justice System in Indonesia and how is the authority of Civil Servant Investigators (CSI) in conducting investigations of money laundering crimes originating from predicate crimes. The research method used is a normative legal research method by taking a statutory approach and a case approach. Conclusions are drawn using deductive logic. The results of the study show that based on the Criminal Procedure Code and other laws and regulations, Civil Servant Investigators in the criminal justice system in Indonesia are authorized to carry out investigations according to the law which is the legal basis, and in carrying out their duties are under the coordination and supervision of Polri investigators. The authority of PPNS to investigate money laundering crimes originating from predicate crimes is in accordance with the laws and regulations and the decision of the constitutional court number 15/PUU-XIX/2021 whose decisions are final and binding. Therefore, all Civil Servant Investigators who have investigated predicate crimes given by law are authorized to investigate money laundering crimes.]]>
<![CDATA[TINJAUAN HUKUM TERKAIT TAWARAN KREDIT TANPA AGUNAN (KTA) MELALUI SHORT MESSAGE SERVICE (SMS) ]]>
<![CDATA[Sundari, Sundari]]>;
<![CDATA[Fitriah, Fitriah]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.432
<![CDATA[Related to Short Message Service (SMS) received from banks actually the government has provided protection for consumers of telecommunication service users, among others through the Regulation of the Minister of Communication and Informatics No. 5 of 2021 on the Implementation of Telecommunications (Permenkominfo 5/2021) which stipulates that telecommunication service providers must store telecommunication service customer data as long as telecommunication service customers actively subscribe to telecommunication services. This research aims to see what steps can be legally taken if you feel disturbed by the credit without collateral (KTA) offer given through short messages such as SMS. The research method used in this study is a normative method of law. First, telecommunication service providers are also required to keep the data and /or identity of customers secret unless otherwise specified under the law. Second, violations of these provisions by telecommunication service providers will be subject to administrative sanctions that can be in the form of written reprimands, the imposition of administrative fines, temporary suspension of attempted activities, termination of access, police force, revocation of services; and/or, revocation of the permit attempts.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI PELAKU KEJAHATAN ]]>
<![CDATA[Mulyati, Dewi]]>;
<![CDATA[Dahwir, Ali]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.469
<![CDATA[The focus of this research is to understand how the form of legal protection provided by the state to children who commit crimes. The type of research used is library research. Based on the results of the study, it is known that the form of protection for children who commit crimes is given at every stage of the juvenile criminal justice process. Starting from the arrest stage, detention stage, investigation stage, prosecution, and trial stage, as well as during the coaching period. Another form of protection is efforts to settle criminal cases outside the trial, namely children's cases are always pursued through diversion and this is required to be done at every stage of the juvenile criminal justice process. The purpose of providing legal protection to child offenders is also the implementation of respect for the perpetrators' human rights so that they are not psychologically disturbed, have legal certainty, and to avoid arbitrary and unfair treatment.]]>
<![CDATA[PERLUASAN KOMPETENSI PERADILAN TATA USAHA DALAM UNDANG-UNDANG ADMINISTRASI PEMERINTAHAN ]]>
<![CDATA[Barhamudin, Barhamudin]]>;
<![CDATA[Bustomi, Abuyazid]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.525
<![CDATA[The purpose of this study is to explain the field of State Administration law since the promulgation of the State Administration Law 30 of 2014. This research is a legal research with a conceptual approach, a legal approach. This research data is secondary data which includes primary legal documents, secondary legal documents and tertiary legal documents. As a consequence, Law Number 30 of 2014 concerning the Implementation of State Administrative Courts has made major changes to the absolute jurisdiction of the State Administrative Court, namely the absolute jurisdiction of the State Administrative Court. state administrative decisions (beschikking), accompanied by courts and complaints to the state administrative courts.]]>
<![CDATA[KEWENANGAN KEPALA DESA DALAM MENYELESAIKAN SENGKETA MASYARAKAT BERDASARKAN UNDANG-UNDANG DESA ]]>
<![CDATA[Romli, Desmawaty]]>;
<![CDATA[Junaidi, Junaidi]]>;
<![CDATA[Merta, Martindo]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.526
<![CDATA[Public activities are never separated from social communication. Village community groups adhere to the characteristics of a peaceful and serene life, it cannot be separated from differences of opinion. Conflict issues that arise are triggered by conflicts of interest that cause debate. If this is allowed, it will damage the value of decency, social values that cause disturbances in the security and comfort of the village community. The application of dispute resolution or violence in Indonesia, culturally, uses a lot of local community structures. To maintain harmony, organize and improve life in the village, it is more important to prioritize solving problems by consensus around people where there is a conflict, it is carried out peacefully. Ending the problem that was carried out by deliberation and consensus was carried out to maintain a harmonious life as the duty of the Village Head to resolve conflicts among its citizens. The authority of the Village Head to be able to resolve customary cases in examining and adjudicating according to their customs and not by law. The village head's obligation does not cancel the wishes of several individuals if they wish to have their case resolved in court, where it has been determined that the village head's obligations are to carry out his duties in resolving every community conflict in his village. The role of the Village Head as a conflict resolution issuer is very much needed to create a working judiciary in Indonesia. Conflict resolution based on local wisdom as explained in the Town Law can be utilized as much as possible in an effort to realize justice for the community.]]>
