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[PIDANA MATI SEBAGAI ULTIMUM REMEDIUM TERHADAP PELAKU TINDAK PIDANA KORUPSI DANA BANTUAN SOSIAL COVID-19 ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.1043
<![CDATA[Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 confirms the rules regarding the death penalty in Article 2 paragraph (2), namely "In the event that the criminal act of corruption as intended in paragraph (1) is committed under certain circumstances, the death penalty can be imposed." Thus, if you look at the phrase "certain circumstances" in Article 2 paragraph (2), it is interpreted as circumstances that can be used as a reason for criminal aggravation for perpetrators of criminal acts of corruption, such as overcoming dangerous situations, national natural disasters, overcoming the consequences of widespread social unrest, overcoming the economic and monetary crisis. So it can be said that the criminal act of corruption in Covid-19 social assistance funds is included in certain circumstances, so that perpetrators of the criminal act of corruption in Covid-19 social assistance funds can be subject to the death penalty as regulated in Article 2 paragraph (2). The death penalty is the ultimum remedy for perpetrators of criminal acts of corruption which is only carried out if other efforts are unable to overcome the criminal act of corruption.]]>
<![CDATA[IMPLEMENTASI RESTORATIVE JUSTICE MELALUI DIVERSI DALAM SISTEM PERADILAN ANAK ]]>
<![CDATA[ Solusi Vol 22 No 1 (2024): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v22i1.1047
<![CDATA[Children are the nation's generation and have a strategic role in the sustainability of a nation's life inthe future. If a child comes into contact with the law, he or she is given the protection of the JuvenileCriminal Justice System Law which is mandated with the concept of implementing Restorative Justicethrough diversion in the juvenile justice system. The aim of this research is to find out how tostrengthen protection and advocacy, as well as implement Restorative Justice for children in conflictwith the law. The approach uses qualitative and normative methods, which are sourced from data andstatutory regulatory materials which are reviewed and analyzed descriptively. The conclusion of thisarticle is to see how weak regulations and handling are regarding the juvenile criminal justice systemand how far the implementation of Restorative Justice through diversion is applied in handlingjuvenile cases. It is hoped that the Juvenile Criminal Justice System Law will be friendlier to childrenin conflict with the law.]]>
<![CDATA[PERTANGGUNGJAWABAN TINDAK PIDANA PENGANIAYAAN MENGAKIBATKAN LUKA BERAT (Studi Putusan Nomor 76/Pid.B/2023/PN Gdt) ]]>
<![CDATA[ Solusi Vol 22 No 1 (2024): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v22i1.1050
<![CDATA[Riset ini mengeksplorasi Penganiayaan sebagai bentuk kejahatan terhadap tubuh, diatur dalam Pasal 351 hingga Pasal 358 KUHP. Adanya berbagai macam penganiayaan seperti biasa, ringan, berencana, berat, berat berencana, dan yang melibatkan ahli berkualifikasi tertentu memberatkan. Fokus riset adalah memahami faktor-faktor yang mendorong pelaku menganiyaya seseorang yang mengakibatkan luka berat, serta menganalisis pertanggungjawaban pelaku. Dengan menggunakan metode riset yakni yuridis yang merupakan gabungan dari empiris dan normative serta digunakannya data primer beserta data sekunder dikumpulkan melalui studi kepustakaan dan lapangan dengan analisis yuridis. Kesimpulan dari riset ini menegaskan bahwasanya terjadinya tindak pidana suatu kegiatan yakni menganiyaya seseorang yang berimplikasi pada luka berat dipengaruhi oleh berbagai faktor. Dalam konteks ini, setiap pelaku tindak pidana bertanggungjawab atas perbuatannya, seiring dengan frekuensi dari masyaralat yang melanggar berbagai jenis hukum atau norma yang ada di sekitar.]]>
<![CDATA[KAJIAN KOMPARATIF KITAB UNDANG-UNDANG HUKUM PIDANA PADA KETENTUAN UMUM DALAM SANKSI PIDANA ]]>
<![CDATA[ Solusi Vol 21 No 2 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.1053
<![CDATA[Criminal law functions in the context of preventing the occurrence of a criminal act and as a resolution. This research examines the comparison between the old Criminal Code and the latest provisions in Law Number 1 of 2023. The renewal of the Criminal Code in Law Number 1 of 2023 leads to adaptation and harmonization of various legal developments that occur. In substance, there are differences between the old and the new Criminal Code, in that the provisions of the old Criminal Code consist of Main Criminal and Additional Criminal, while in Law Number 1 of 2023 concerning the Criminal Code which consists of: Basic Criminal, Additional Criminal and Special Criminal.]]>
<![CDATA[KETENTUAN HUKUM PADA PERLINDUNGAN KORBAN KEJAHATAN DI INDONESIA ]]>
<![CDATA[ Solusi Vol 21 No 2 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i2.1054
<![CDATA[If a criminal act or crime occurs where the consequences of the act result in a crime victim, provisions are needed which aim to provide protection to regulate and protect the crime victim so that the crime victim gets their rights protected. To balance this, a regulation is needed that regulates the protection of crime victims. The research method used is normative legal research. Legal material obtained from secondary data is collected by means of literature study and then analyzed using qualitative analysis. A legal system does not only consist of norms but also institutions. Institutions that specifically provide protection rights to witnesses and victims as a form of fulfilling the rights of witnesses and victims]]>
<![CDATA[JUSTICE COLLABORATOR DALAM HUKUM PIDANA INDONESIA ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.1055
<![CDATA[The term justice collaborator became popular again when the alleged murder of Police Brigadier Nofriansyah Yosua Hutabarat alias Brigadier J or Brigadier Y occurred on July 8 2022 at the official residence of Inspector General of Police Ferdy Sambo. Bharada E is willing to be made a justice collaborator, and hopes that this status will be considered by the judge in the trial of the alleged murder case of Brigadier Yosua Hutabarat. This research discusses how the justice collaborator law should ideally be regulated in Indonesian criminal law. This type of research is explanatory normative legal research using secondary data with a statutory approach, case approach and concept approach. In Indonesian criminal law, justice collaborators are not specifically regulated. Therefore, it is urgent that it be regulated formally with substance: Providing protection for a justice collaborator and his family. Get a sentence of no more than 2 (two) years for serious crimes and receive a conditional sentence for ordinary crimes. Detention of suspects as justice collaborators is separated from other suspects. Given the right not to appear at the hearing. Case filings must be separated from other suspects. If the justice collaborator has become a prisoner, he will be given a special remission.]]>
<![CDATA[AKIBAT HUKUM ATAS WANPRESTASI YANG TERJADI PADA PRAKTIK ENDORSEMENT DALAM PERSPEKTIF KUHPERDATA ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.1056
<![CDATA[The endorsement agreement is based on an agreement between the endorser and the online shop. The provisions of each party contained in the work contract must be implemented by the parties, both their rights and obligations. The occurrence of negligence/default on a mutual agreement will give rise to legal consequences for the parties. Default is regulated in article 1238 of the Civil Code. The debtor is declared negligent by means of a warrant, or by means of a similar deed, or based on his own strength and commitment, namely if this agreement means that the debtor must be deemed negligent after the specified time has elapsed. Default is a breach of contract which means that one party does not carry out its performance in accordance with the agreed agreement. Default of course has juridical consequences where the party committing the default must bear the legal consequences of the default. This compensation is clearly stated in article 1246 of the Civil Code where the compensation referred to here is in the form of costs that have actually been incurred, loss which means loss due to damage to the creditor's property caused by the debtor and also in the form of interest, namely the profit that should have been obtained.]]>
<![CDATA[PERLINDUNGAN HUKUM HAK CIPTA ATAS KARYA TULIS YANG DITERBITKAN MELALUI MEDIA ELEKTRONIK ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.1057
<![CDATA[A form of copyright legal protection for electronic media is that the author can repressively prosecute individuals involved in the written work. Preventatively, writers who publish written works via electronic media also receive legal protection from the government which aims to prevent violations before they occur. Then, the legal consequences if there is a violation of a written work through electronic media, namely, in a repressive manner, a person who violates a copyrighted work, in this case a written work, will receive sanctions in the form of fines, imprisonment and additional penalties given by the government if the author is the one who disadvantaged by prosecution. In Constitution No. 28 of 2014 concerning Copyright, it is also explained that "Copyright is the exclusive right of the creator which arises automatically based on declarative principles after a work is realized in real form without reducing restrictions in accordance with the provisions of statutory regulations".]]>
<![CDATA[PEMULIHAN ASET NEGARA MELALUI GUGATAN PERDATA DAN TAHAPAN PENGEMBALIAN ASET HASIL TINDAK PIDANA KORUPSI (Suatu Terobosan Konstruktif dalam Penegakan Hukum yang Progresif) ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.1058
<![CDATA[Law The efforts of the State Attorney in connection with the return of state finances due to corruption crimes by conducting civil suits, on the other hand, civil suits are filed after criminal acts are no longer possible, because they are faced with certain conditions as referred to in Articles 32, 33, 34, 38C of Law Number 31 of 1999 concerning Eradication of Corruption Crimes as amended by Law Number 20 of 2001. Without the regulation in the Corruption Eradication Law, it is not possible to file a civil lawsuit. Civil suits under Article 33 and Article 34 thus require two things: 1. the suspect or defendant dies during the investigation process or court hearing, 2. there has been a real loss of state finances. The provisions of Articles 33 and 34 of the GCPL Law indicate that in any way state financial losses must be recovered even if the suspect or defendant dies. Such conditions make the lawsuit can be addressed to his heirs. Such conditions make the lawsuit can be addressed to his heirs. The GCPL Law explicitly, in addition to including material requirements in the form of state financial losses and unlawful acts, also determines formal requirements. The formal requirements in a civil lawsuit relate to the position of the state as the plaintiff. The government in order to organize welfare, protection of its citizens has the right to file a civil lawsuit to the court (Legal Standing of the Government). The action to return assets resulting from corruption is carried out in 4 (four) stages: the asset tracking stage, the freezing or return of assets stage, the confiscation of assets stage and the last stage is the handover of assets resulting from corruption to the victim or the victim's country.]]>
<![CDATA[PELAKSANAAN REKAM MEDIS ELEKTRONIK BAGI PASIEN ]]>
<![CDATA[ Solusi Vol 21 No 3 (2023): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v21i3.1059
<![CDATA[In implementing electronic medical records for patients, normative legal research is used as a legislative approach. The materials used are secondary, primary and tertiary legal materials. Research results: Ownership and contents of medical records from Regulation of the Minister of Health of the Republic of Indonesia No. 24 of 2022 concerning electronic medical records, states that medical records are the property of health services and health services are obliged to be responsible for all cases of loss or damage to the data, and must adhere to the principles of data and information security.]]>
