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[HUKUM PERCERAIAN KARENA KEMURTADAN MENURUT KOMPILASI HUKUM ISLAM ]]>
<![CDATA[ Solusi Vol 20 No 2 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i2.590
<![CDATA[When undergoing a household dipper, the problem will certainly be a challenge for married couples. Try to get through the economy, infidelity, disharmony, domestic violence, and the transfer of one of the beliefs of one married couple. In Islam, when one of the couples converts or apostates then the marriage becomes fasakh (broken) thus causing divorce. This is a concern for research to examine divorce law due to beliefs according to a compilation of Islamic law. The research method used in this study is descriptive qualitative research. This research is descriptive, which is research that describes an object and describes an event with a view to knowing the state of the object being studied. There is also the focus of the research is divorce law due to moving faith in one of the couples. Divorce is the abolition of a marriage at the demands of one of the married couples for reasons that are in accordance with the legislation accompanied by a pledge by the husband before a religious court hearing. In Islam, divorce is termed talaq. There are two types of divorce, namely divorce caused by husband's talaq and divorce over wife's lawsuit. Divorce law is divided into five, among others mandatory, sunnah, makruh, mubah, haram. While divorce caused by the transfer of beliefs of one of the married couples can result in divorce in article 116 letter (h) Compilation of Islamic Law asserts that divorce on the grounds of apostasy can only be granted if the apostasy causes insecurity in the household.]]>
<![CDATA[GANTI RUGI DAN REHABILITASI TERHADAP TERDAKWA YANG DIPUTUS BEBAS MENURUT KITAB UNDANG-UNDANG HUKUM ACARA PIDANA (KUHAP) ]]>
<![CDATA[ Solusi Vol 20 No 2 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i2.591
<![CDATA[The purpose of the study was to determine the implementation of rehabilitation and compensation for defendants who were acquitted and the obstacles to the implementation of demands for compensation for defendants who were acquitted. related to the problem. The data used in this study is secondary data obtained from: a. Primary legal materials, b. Secondary legal materials, c. Tertiary legal materials. The results of the study found that referring to Article 9 of the 1983 Government Regulation concerning the implementation of rehabilitation and compensation or compensation for innocent defendants. Government Regulation Number 92 of 2015 concerning the Second Amendment to Decision Number 27 of 1983 concerning the Implementation of the Criminal Procedure Code. According to him, the amount of compensation was actually reasonable and commensurate with the large losses suffered by the defendant. Factors that become obstacles faced by the suspect/defendant in obtaining compensation from the state are the legal substance, regulations, and facilities that support law enforcement, and the culture of the apparatus and the accused.]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PERDAGANGAN ORANG DALAM SISTEM PERADILAN PIDANA DI INDONESIA ]]>
<![CDATA[ Solusi Vol 20 No 2 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i2.592
<![CDATA[The crime of trafficking in persons is an object of crime that is growing in Indonesia. There needs to be bold observational actions by our law enforcers to make our criminal law more humanistic. The approach method that will be 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 that legal protection against the criminal act of trafficking in persons in Indonesia has indeed been regulated in such a way, but in terms of implementing law enforcement, the apparatus and government have not seriously implicated it and efforts to prevent and overcome the law against many crimes must be carried out in an integrated manner. between institutions related to law enforcement, namely: the existence of a well-organized, professional apparatus in their field as well as up to date facilities and infrastructure, the law in its embodiment as law in the law enforcement process (Criminal Justice System), which increasingly qualified and oriented towards truth and justice based on Pancasila and the 1945 Constitution, harmonious coordination between legal functionaries and relevant government officials, community participation which must be motivated so that potential conditions can be raised to become real strengths of citizens who care about crime and actively take part in the prevention and take an anticipatory attitude towards crime.]]>
<![CDATA[KLAUSULA SYARAT BATAL (EVENTS OF DEVAULT) DAN PENERAPANNYA DALAM PERJANJIAN KREDIT BANK ]]>
<![CDATA[ Solusi Vol 20 No 2 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i2.593
<![CDATA[An event of default clause is a clause that determines an event or events which, if they occur, will give the bank the right to unilaterally terminate the credit agreement and to immediately and simultaneously collect all outstanding loans. The application of the cancellation clause is a manifestation of the freedom of initiative of bank business actors in applying the contents of credit agreements to their debtors, which generally have been standardized in writing and contain the contents of the agreement in accordance with the interests of the bank. In this case, the debtor only has to agree to the contents of the standardized agreement. Although the void condition clause is a reflection of the application of the principle of freedom of contract regulated in Article 1338 of the Civil Code, but in accordance with the principles of justice and legal certainty, the application of the void condition clause must not harm the interests of the debtor.]]>
<![CDATA[KEBIJAKAN RESTRUKTURISASI PERUSAHAAN ASURANSI ]]>
<![CDATA[ Solusi Vol 20 No 2 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i2.594
<![CDATA[The insurance company restructuring policy in the implementation of insurance business in Indonesia relies on the provisions in Article 11 of Law Number 40 of 2014 concerning Insurance in which an insurance company is required to implement good corporate governance. Based on the insurance business law, the regulation and supervision of activities is carried out by the Financial Services Authority. The restructuring of PT Asuransi Jiwasraya (Persero) is further regulated in OJK Regulation Number 71/POJK.05/2016 concerning the Financial Health of Insurance and Reinsurance Companies.]]>
<![CDATA[REHABILITASI TERHADAP TERDAKWA YANG MENDAPATKAN PUTUSAN BEBAS ]]>
<![CDATA[ Solusi Vol 20 No 2 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i2.595
<![CDATA[The defendant who is acquitted by the court has the right to demand rehabilitation and compensation, keeping in mind the losses suffered by the defendant during the judicial process, starting from the pre-adjudication stage (investigation, investigation, and prosecution) to the adjudication stage (examination before a court hearing). . However, in the implementation of rehabilitation and compensation for defendants who were acquitted, there are still shortcomings in terms of dissemination. The compensation cannot be applied because there has never been a claim for compensation by the defendant who has been acquitted. Factors inhibiting the implementation of the provision of rehabilitation and compensation for defendants who were acquitted, among others, could be caused by legal substance, legal structure and legal culture. Factors supporting the implementation of the provision of rehabilitation and compensation for defendants who were acquitted are the state's protection of human rights values, especially the human rights of defendants who are victims of deviant judicial processes.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI KONSUMEN PADA LAYANAN PINJAMAN ONLINE ]]>
<![CDATA[ Solusi Vol 20 No 2 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i2.596
<![CDATA[Through information technology-based money lending, it makes it easier for people to fulfill cash funds quickly, easily, and efficiently. However, users of this service must understand all the risks of online loans. The operator's obligations in legal protection for consumers are further regulated in OJK Regulation Number: 77/POJK.01/2016 concerning Information Technology-Based Borrowing-Lending Services, then the organizers are required to apply the basic principles of consumer protection, namely: transparency; fair treatment; reliability; data confidentiality and security; and user dispute resolution in a simple, fast, and affordable way.]]>
<![CDATA[PEMAHAMAN HUKUM PADA PENDIDIKAN ANTI KORUPSI PERSFEKTIF NILAI-NILAI PANCASILA ]]>
<![CDATA[ Solusi Vol 20 No 3 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i3.579
<![CDATA[In the face of today's era, there are many shifts from behavioral values that occur in life in society, decreasing moral values that deviate from cultural values in society. Pancasila which is extracted from the cultural values of the community is a form of guidance in people's lives in the nation and state. One of the cultural values of society that are contrary to the values of Pancasila is the emergence of a culture of corruption that occurs in various fields of people's lives, so that it can have a detrimental impact on the community, towards the goals and ideals of the state, as a realization of the implementation of values. values in the precepts of Pancasila. In response to this, it is necessary to provide a form of solution, in order to overcome corruption cases that occur by giving a form of strength in realizing the function of Pancasila values in the form of application, in the implementation of social life, starting from the lowest society to the highest society. This research aims is to function the values of Pancasila in their realization as a guide in the behavior of society, in an effort to prevent it is to provide a form of education in schools to higher education and provide a form of socialization in the form of seminars in organizational activities. social institutions Institutions The methodology in this study is a qualitative descriptive and normative qualitative methodology, examining the Corruption law and collecting data based on information from electronic media and also in the latest books and journals. The results of the study show that there is still a weak understanding of Pancasila values, including in enforcement Laws and laws are still not used as a means to be guided, in an effort to handle corruption cases]]>
<![CDATA[PEMBENTUKAN APARATUR YANG BERSIH DAN BERWIBAWA DENGAN PEMBERIAN SANKSI ADMINISTRASI DISIPLIN TERHADAP PEGAWAI NEGERI SIPIL ]]>
<![CDATA[ Solusi Vol 20 No 3 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i3.599
<![CDATA[One indication of the low quality of Civil Servants is the existence of disciplinary violations that are mostly carried out by Civil Servants. The development that is being actively carried out in Indonesia often encounters many obstacles and quite complex problems. The problem in this research is the formation of a clean and authoritative apparatus by giving disciplinary administrative sanctions to Civil Servants and the impact of giving administrative sanctions to the discipline of Civil Servants. The approach method that will be 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 ASN who are aware of their responsibilities are those who obey their obligations and stay away from all prohibitions in their responsibilities as ASN to fulfill good ASN character. With the aim of educating and fostering the state civil apparatus, those who violate the obligations and prohibitions will be subject to disciplinary punishment. The administration of administrative sanctions against the discipline of Civil Servants at the State Administrative Court has an impact on the judges and the Civil Servants concerned and others where they do not repeat such disciplinary actions.]]>
<![CDATA[KEDUDUKAN HUKUM KEPAILITAN DALAM SISTEM HUKUM BISNIS NASIONAL ]]>
<![CDATA[ Solusi Vol 20 No 3 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i3.638
<![CDATA[Bankruptcy law is a branch of business law which is currently undergoing very significant development in line with legal and economic developments. where the settlement of debt and credit relations between debtors and creditors is currently no longer resolved through a civil lawsuit but is settled through a commercial court. Therefore, bankruptcy law has a very strategic position in the national business law system. In addition, bankruptcy law as part of the national business law system cannot stand alone, but has close relationships with other legal fields. The areas of law that are closely related to bankruptcy law are contract law, guarantee law, and company law.]]>
