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Ardiana Hidayah
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Kota palembang,
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INDONESIA
Solusi
Published by Universitas Palembang
ISSN : 02169835     EISSN : 2597680X     DOI : -
Core Subject : Social,
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
ANALISIS KEBIJAKAN AGRARIA PASCA-REFORMASI
Solusi Vol 20 No 3 (2022): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v20i3.701

Abstract

More than 20 years of reform in Indonesia, however, specifically in the issue of agrarian reform, many civic groups and academics consider that the agenda has not become a serious concern for every post-Reform Indonesian President. People still often have to deal with Corporations in order to defend their own land, which has been occupied and cultivated for so long. The high level of agrarian conflicts shows that this commitment is not serious. Especially with the birth of the Job Creation Act which is considered to be a big obstacle for the people. This paper aims to analyze the post-reform agrarian policy, and uses the perspective of the Fifth Precepts of Pancasila and Article 33 of the 1945 Constitution as the philosophical, ideological, and juridical foundations. And using normative research. Researchers try to elaborate on how the ideal conception of agrarian reform in Indonesia and also the realization of policies from this ideal conception by Indonesian leaders post-reform.
KEWENANGAN DIREKSI PERUSAHAAN UMUM DAERAH PASAR PALEMBANG JAYA
Solusi Vol 20 No 3 (2022): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v20i3.705

Abstract

The Regional Public Company Pasar Palembang Jaya is a Regional Owned Enterprise that was formed to manage, manage markets and market facilities in the context of economic development and support the Palembang City Government budget and national economic growth. This writing discusses the duties and authorities of the directors of the Palembang Jaya Regional Public Company based on the Palembang City Regional Regulation Number 1 of 2021 concerning the Palembang Jaya Market Regional Public Company, as well as the responsibilities of the directors of the Palembang Jaya Market Regional Public Company in achieving company goals. The type of research is normative legal research, research by reviewing library materials in the form of laws, regulations relating to setting the duties, authorities and responsibilities of directors at the Regional Public Company Pasar Palembang Jaya. The duties and authorities of the Board of Directors at the Palembang Jaya Market Regional Public Company are regulated in Article 32 of the Palembang City Regional Regulation Number 1 of 2021 concerning the Palembang Jaya Market Regional Public Company. In general, the directors carry out their duties in good faith for the interests and business of Perumda Pasar. The Board of Directors is responsible for the Regional Public Company of Pasar Palembang Jaya in achieving the company's goals.
KEWENANGAN PEMERINTAH DALAM OTONOMI DAERAH DAN OMNIBUS LAW CIPTA KERJA
Solusi Vol 20 No 3 (2022): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v20i3.709

Abstract

Law Number 11 of 2020 concerning Job Creation is an effort to create jobs through efforts to protect the empowerment of cooperatives and micro, small and medium enterprises, improve the investment ecosystem and facilitate the central government's investment business and accelerate national strategy projects as a breakthrough in our legal system in the formation of laws and regulations, especially related to regional autonomy, the form of regional autonomy provides regional independence as a region that is able to manage regulations for accelerating development. However, the Omnibus Law is very much against regional autonomy, including in the licensing system and some regional authorities are taken by the central government. For this reason, it is necessary to immediately make changes and adjustments to the concept of regional autonomy as regulated in the Indonesian constitution so that there is harmony in the regulation and implementation of development related to the position of the governor as regional head. The presence of the Omnibus Law on Job Creation, which has been ratified by the House of Representatives and officially applies in Indonesia, is a hope that is believed to be a strategy and hope in realizing simple, clean, and transparent public services so that it can encourage higher economic growth and investment and can create more new jobs and take advantage of local wisdom to overcome unemployment in the region.
KONSTRIBUSI JABATAN NOTARIS DALAM PERJANJIAN KREDIT BANK
Solusi Vol 20 No 3 (2022): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v20i3.710

Abstract

Article 1 of Law Number 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of a Notary, states that a notary is a public official who is authorized to make authentic deeds and other authorities. As a public official who is authorized to make authentic deeds and especially in notarial bank credit agreements that provide legal protection for creditors and debtors for strength of evidence and other authorities and to serve the interests of the community. The inhibiting factors for using notary services in the process of granting credit/bank credit agreements are the bank's policy as outlined in the decision letter of the board of directors regarding notary services in the bank credit agreement; the level of risk is credit provided by the bank with guarantees such as movable and immovable objects; the size of the credit value provided by the bank using authentic agreements/notary services and underhand agreements between creditors and debtors are still legalized by a notary.
BENTUK PENYELESAIAN HUKUM WANPRESTASI PADA PERJANJIAN PINJAM MEMINJAM SECARA ONLINE
Solusi Vol 20 No 3 (2022): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v20i3.711

Abstract

If there is a dispute or default in the implementation of an online-based lending and borrowing agreement, the legal settlement is based on Article 29 letter e of POJK Number 77/POJK.01/2016 that dispute resolution between the parties can take 2 (two) ways, namely through litigation and non-dispute. -litigation. If the parties choose to resolve the dispute through litigation, then a civil lawsuit is filed to the court concerned, but if the parties choose through non-litigation then the parties can resolve it through mediation, negotiation, or arbitration according to Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.
IMPLEMENTASI KEPROFESIONALITAS POLRI DALAM MELAKSANAKAN TUGAS BERDASARKAN PERATURAN KODE ETIK PROFESI POLRI
Solusi Vol 20 No 3 (2022): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v20i3.712

Abstract

Violence is often carried out by the police during investigations to obtain confessions from suspects. This behavior has become a habit that can be shown from various research results, which is caused by the absence of an investigative supervisory agency, incomplete legal instruments, protection from institutions, and unprofessional attitude from the police. This situation causes the suspect to have no opportunity to fight for his rights and the perpetrators of violence are not touched. Professionalism is related to moral issues that are standardized into a code of ethics, and a violation of the code of ethics indicates that there are moral problems within the police. There needs to be a moral improvement on investigators so that the investigation can take place properly and correctly as expected. In addition, there are several regulations that regulate the police professional code of ethics, Peraturan Kapolri Nomor 14 Tahun 2011 Tentang Kode Etik Profesi Kepolisian Negara Republik Indonesia so that it cannot be applied arbitrarily and can carry out its duties properly in accordance with the police code of ethics.
PERANAN LEMBAGA PEMBINAAN KHUSUS ANAK KELAS I PALEMBANG DALAM PELAKSANAAN PENDIDIKAN DAN PELATIHAN TERHADAP NARAPIDANA ANAK
Solusi Vol 20 No 3 (2022): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v20i3.713

Abstract

Children who are in conflict with the law and are under the supervision of Correctional Institutions are now in dire need of proper protection and services while in development because they are still under psychological influence and pressure that is less favorable for the future. Correctional officers play a role in carrying out care and guidance for inmates and students, both suspects, defendants and prisoners in accordance with statutory regulations. In the implementation of coaching, education and training for the Officers of the Palembang Class I Children's Special Guidance Institute, it is still not fully implemented in accordance with the mandate due to constraints on facilities and infrastructure. There is a need for criminal alternatives for children who have committed criminal acts to avoid the negative impact of the implementation of imprisonment. It is also hoped that there will be an increase in cooperation with related social agencies, one of which is the local Education Office in providing non-formal education so that the education of the children assisted by the children does not stop.
PENDEKATAN HAK ASASI MANUSIA DEBITOR DAN KREDITOR DALAM PENGUJIAN UNDANG-UNDANG KEPALITIAN DAN PENUNDAAN KEWAJIBAN MEMBAYAR UTANG DIMASA MENDATANG
Solusi Vol 21 No 1 (2023): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v21i1.715

Abstract

The Human Rights Approach of Debtors and Creditors in Testing Bankruptcy Laws and Postponing Bankruptcy Obligations to Pay Debts in the Future is discussed in this study, Along with how Indonesia's legal system's state or evolution with regard to bankruptcy law and the suspension of debt payment responsibilities. Indonesia. In this study, a normative research methodology is used to investigate problems with the law and pertinent literature. According to the study's findings, the Bankruptcy Law and Postponement of Obligation to Pay Future Debt regulates the human rights approach between debtors and creditors when it comes to testing the law. Law Number 37 of 2004 Concerning Bankruptcy and Postponement of Debt Payment Obligations is the name of this regulation. By filing for bankruptcy or requesting a suspension of their debt payment responsibilities, debtors can reach an agreement with their creditors regarding the repayment of their debts. A delay in payment of debt is a time period allotted by law in line with a Commercial Judge's Decision, during which the creditor and debtor can discuss how to pay their debts by drafting a payment plan for all or any of those debts, including by restructuring the debt. Either the debtor or the creditor may ask for a suspension of the debt payment obligations.
CITA HUKUM BANGSA DAN NEGARA INDONESIA DALAM KONTEKS RENCANA PEMBANGUNAN JANGKA PANJANG NASIONAL 2005-2025
Solusi Vol 21 No 1 (2023): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v21i1.719

Abstract

Revisions were made to the Republic of Indonesia's 1945 Constitution, and the modifications had a profound impact on how the Indonesian state government was organized. The modification of the state's institutional structure for upholding legal norms that took place in Indonesia's political system after the end of the New Order era was a key stream of reform thinking. In the Indonesian state administration system, reform means strengthening the presidential system. The president's dual roles as head of state and head of government are at the heart of the presidential system of government (head of state). A normative and conceptual approach are combined in the study's explanatory technique. The state's experience with long-term development plan implementation is notably due to the third amendment to Article 3 of the Constitution of the Republic of Indonesia, which changed it to Article 3 Paragraph (1) and deleted the People's Consultative Assembly's jurisdiction. Use RI to generate the GBHN. The RPJPN was created in place of the GBHN as a framework for national development as part of the Decentralization and Regional Autonomy System implementation in order to address concerns regarding the president's latitude. Realizing the goals and aspirations of the nation and state is the primary goal of national development, according to the Preamble of the Constitution of the Republic of Indonesia.
KEDUDUKAN HUKUM PENGADILAN NIAGA DALAM KERANGKA SISTEM KEKUASAAN KEHAKIMAN
Solusi Vol 21 No 1 (2023): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v21i1.782

Abstract

In the judicial power system that applies in Indonesia based on the 1945 constitution, there are four judicial bodies whose existence is recognized, namely the general court, the religious court, the state administrative court, and the military court. In addition, the law on judicial power also recognizes the existence of a special court as a specialty to adjudicate certain cases, one of these special courts is the commercial court which is authorized to adjudicate cases of bankruptcy and suspension of payment. However, the existence of the commercial court has not been regulated in a separate law, even though the regulation of the commercial court in a separate law is very important, because in practice the commercial court is not only authorized to adjudicate bankruptcy cases but is also authorized to adjudicate cases in the field of intellectual property rights.