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[PROSES PEMERIKSAAN PERKARA DI MUKA PERSIDANGAN PADA DAKWAAN TINDAK PIDANA DAN BENDA SITAAN DALAM PROSES PERADILAN ]]>
<![CDATA[Djufri, Darmadi]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.527
<![CDATA[The process of examining cases before a trial against someone being charged for committing a crime is that at first a judge conducts an examination and reads out the case in court regarding the defendant's problem. If the judge considers that the examination of the court hearing has been completed, the judge invites the public prosecutor to read out his demands. Such provisions can be found in the Criminal Procedure Code, namely in Article 182 paragraph (l) which reads as follows: a. After the examination is declared complete, the public prosecutor submits a criminal charge; b. Furthermore, the defendant and/or his legal advisor may present his/her defense which can be answered by the public prosecutor, provided that the defendant or legal advisor always gets the last turn, c. Claims, pleas, and answers to defenses are made immediately. In the Code of Criminal Procedure it is clearly stated that those subject to confiscation are: a. The object or claim of the suspect or defendant is wholly or partly suspected to have been obtained from a criminal act or part of the proceeds of a criminal act; b. Objects that are used directly to commit a crime or to prepare, for example a knife or what weapon is used to kill; c. Items needed to hinder the investigation of a criminal act; d. Objects specially made or intended to commit a crime; e. Other objects that have a direct relationship with the crime committed; f. Items that are confiscated due to civil cases or bankruptcy can also be confiscated for the purposes of investigation, prosecution and trial of criminal cases as long as it concerns the provisions of paragraph (1) Article 39 of the Criminal Procedure Code.]]>
<![CDATA[TINJAUAN YURIDIS DEWAN PERWAKILAN DAERAH DALAM MEMBUAT KEBIJAKAN NEGARA ]]>
<![CDATA[Aspani, Budi]]>;
<![CDATA[Yusmanda, Riza]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.528
<![CDATA[The formation of the Regional Representative Council was decided in the third Amendment to the 1945 Constitution. This accommodates aspirations and gives the regions a greater role in decision-making processes that are directly related to the region. This study discusses the authority of the Regional Representatives Council only to participate in discussing certain Draft Laws related to regional autonomy and can give consideration to the House of Representatives when exercising its authority. The role of the Regional Representative Council in the decision-making process on State policies. Implicitly the Regional Representative Council as a state legislative institution is very limited, namely only proposing and discussing and not as a breaker like the People's Representative Council.]]>
<![CDATA[FREIES ERMESSEN DALAM PEMERINTAHAN INDONESIA ]]>
<![CDATA[Purnamawati, Evi]]>;
<![CDATA[Hijawati, Hijawati]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.529
<![CDATA[Freies Ermessen is a freedom given to state administration in the context of administering government. So that Freies Ermessen is the freedom to act on its own initiative and policy from the state administration. In line with the increasing demands for public services that must be provided by State administration for the increasingly complex socio-economic life of citizens, however, the use of Freies Ermessen must not conflict with applicable law, both written law and unwritten law.]]>
<![CDATA[TINJAUAN HUKUM ATAS KEMATIAN MAHASISWA PADA KEGIATAN PENDIDIKAN DAN LATIHAN DASAR (DIKLATSAR) RESIMEN MAHASISWA (MENWA) ]]>
<![CDATA[Husnulwati, Sri]]>;
<![CDATA[Yanuarsi, Susi]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.530
<![CDATA[The Student Regiment is an organization that serves as a forum to meet students' needs for organizational skills. But if in its implementation this organization performs actions such as persecution, it is necessary to conduct an evaluation related to the existence of this organization. This paper aims to find out how the legal review of the death of students during menwa training. The research method used in this study is a normative method of law. The results of this study are, (a) Violations that refer to the basic rules of the organization can be subject to actions in the form of sanctions that lead to the revocation of permits by the Rectorate, (b) If in the implementation of activities such as training there is persecution leading to death then the organizing committee can be subject to legal action referring to Article 351 paragraph (1) jo. paragraph (3) of the Criminal Code (Criminal Code).]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP ISTRI SEBAGAI KORBAN ATAS TINDAKAN KEKERASAN DALAM RUMAH TANGGA ]]>
<![CDATA[Merita, Eni]]>;
<![CDATA[Afriani, Kinaria]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.531
<![CDATA[Incidents of domestic violence often occur, but not many people seem to talk about it. The house that should be a place of refuge, often becomes a dangerous place for wives and children. There are various factors behind it, among others, because our society still does not consider the issue of domestic violence as a social problem, but rather an individual issue, which should not be intervened by outside parties. that according to the Law of the Republic of Indonesia No. 23 of 2004 concerning the elimination of domestic violence, Article 16 paragraph (1) states that within twenty four hours from the time of knowing or receiving a report of domestic violence, the police must immediately provide temporary protection to the victim, while Article 16 paragraph (2) states that the temporary protection as referred to in paragraph (1) is given no later than seven days after the victim is received or handled.paling lama tujuh hari sejak korban doterima atau ditangani.]]>
<![CDATA[IMPLIKASI PENGHAPUSAN DESA TERHADAP KESEJAHTERAAN MASYARAKAT DESA ]]>
<![CDATA[Dani, Akhmad]]>;
<![CDATA[Johansyah, Johansyah]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.532
<![CDATA[The discourse on the abolition of the village has given birth to legal implications that are inconsistent with the values of certainty, justice, and usefulness that will be achieved in the purpose of structuring the village so that it has an impact on the continuation of the welfare of the village community. This is reflected in the management of village income and Village-Owned Enterprises which result in a legal vacuum after the abolition of the village so that the achievement of village community welfare will be hampered as mandated by the constitution in the Preamble to the 1945 Constitution of the Republic of Indonesia. Implications for the abolition of villages are included in village planning as regulated in statutory regulations Number 6 of 2014 concerning Villages. There is a clause on the purpose of village structuring which becomes a legal rule that should be carried out (das sollen) but there is a discrepancy when the legal rule is faced with the abolition of the village (das sein) because the abolition of the village has eliminated all provisions for the purpose of village structuring, so that villages that experience abolition in ultimately not oriented towards the purpose of structuring the village. On the other hand, the subjective legal reasons for the elimination of villages have reduced the role of the village in the elimination of villages by policies caused by the central government, which should involve local and village governments.]]>
<![CDATA[PENDAFTARAN HAK ATAS MEREK ]]>
<![CDATA[Asuan, Asuan]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.533
<![CDATA[The right to a mark recognized by the Indonesian state is a brand that is a part of intellectual property rights as regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications, which revises Law Number 15 of 2001 concerning Marks which is a problem in research on how to register and protect rights to registered marks according to Number 20 of 2016 concerning Marks and Geographical Indications. This research is a normative legal research which is descriptive, not descriptive. Mark registration submitted by the applicant to the Directorate General of Marks, Ministry of Justice and Human Rights and the approved application (individual or legal entity) will receive a certificate registered in the general register of marks. the right to a registered mark is a legal protection of the exclusive right to use the mark yourself or to give permission to other parties to use the mark within 10 years from the date of receipt of registration and can be extended by the owner/or his legal representative.]]>
<![CDATA[PEMBAHARUAN SISTEM PERBANKAN SYARIAH INDONESIA DALAM MENGHADAPI ARUS EKONOMI GLOBAL ]]>
<![CDATA[ Solusi Vol 20 No 2 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i2.572
<![CDATA[ABSTRACT The renewal of the Indonesian Islamic banking system has an important role in economic growth, this is because Islamic banking has begun to be scrutinized by many parties, especially in the field of new era economic development. Not only that, the development of Islamic banking can also be seen from its growth where Islamic banking can be categorized as banking that has quite significant progress. This clearly makes Indonesian Islamic banking have to reform the system. The system reform carried out by Islamic banking is by merging three Sharia BUMNs, namely PT Bank BRI Syariah (BRIS), PT Bank Syariah Mandiri (BSM), and PT BNI Syariah (BNIS) to become Bank Syariah Indonesia (BSI). able to provide improvements to the Indonesian Islamic banking system. Apart from that, another goal that is expected from this system renewal is that Indonesian Islamic banking can provide the best service and more benefits to customers, so that Indonesian Islamic banking can compete with national and international conventional banking. Keyword : System Update; Indonesian Islamic Banking; Economic growth.]]>
<![CDATA[IMPLEMENTASI PENDAFTARAN PENDUDUK SEBAGAI UPAYA TERTIB ADMINISTRASI DITINJAU DARI HUKUM ADMINISTRASI NEGARA DI KOTA PALEMBANG ]]>
<![CDATA[ Solusi Vol 20 No 2 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i2.587
<![CDATA[Population administration is part of the system of state administration, has an important role in government and development of population administration. The problem discussed in this study is how to implement population registration as an effort to orderly administration in terms of State Administrative Law and the provisions of the implementation of population administration services. The approach method used in this research is a normative legal research approach. Normative legal research is an approach method used to determine the legal norms contained in statutory regulations. The results of this study are the implementation of an e-KTP based on a national network as a step in implementing the applicable laws and regulations. The Central Government together with the Regional Government assisted by Implementing Agencies have made optimal efforts in terms of implementing e-KTP which is an administrative order and part of the implementation of State Administrative Law and the provisions for the implementation of population administration services already have a fairly comprehensive basis of statutory provisions. Service systems and procedures have been implemented according to the standard provisions of Law Number 23 of 2006 concerning Population Administration, then the standard of public services refers to Law Number 25 of 2009 concerning Public Services.]]>
<![CDATA[PEMALSUAN IDENTITAS OLEH PENJUAL KARTU (SIM) SUBSCRIBER IDENTITY ]]>
<![CDATA[ Solusi Vol 20 No 2 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i2.588
<![CDATA[Developments in Information Technology “there can be forgery of identity as a condition for using cell phones. Identity is one of the proofs of the same (on oneself) or a sign of identification. The problem in writing this script is whether falsification of identity by a SIM card seller is a crime, how are the legal arrangements regarding document falsification according to the Criminal Code. "The research method used by the author in this paper is a Sociological or empirical legal research study." The result of the research is that falsification of identity by the SIM Card seller is a crime, the ITE Law does not provide criminal sanctions (strafrechtelijke sancties), the "ITE Law only stipulates that" "the aggrieved party can file a lawsuit" "Unlawful Acts / Onrechtmatige According to Article 1365 of the Civil Code," and the legal arrangement regarding document falsification according to the Criminal Code is "in article 263 of the Criminal Code," "false letters or falsifying letters that can give rise to a right, an engagement or the imposition of a debt, or which is intended as evidence rather than something with the intent to use or order another person to use the letter as if its contents were true and not falsified, shall be punished if such use can cause harm, due to falsification of the letter, with a maximum imprisonment of 6 years". The conclusion that forgery of identity by the SIM Card seller is an "unlawful act / Onrechtmatige Daad Article 1365 of the Civil Code," and a criminal act (strafrechtelijke sancties) in article 263 of the Criminal Code. Suggestion, It is recommended to cell phone card sellers not to help register a phone card illegally or use false data because it can lead to a civil lawsuit and be threatened with a criminal case regarding falsification of identity documents, and when registering a phone card the buyer is asked to show his identity or bring a photocopy of the card. family.]]>
