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Solusi
Published by Universitas Palembang
ISSN : 02169835     EISSN : 2597680X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
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PERANAN LEMBAGA PEMASYARAKATAN (LAPAS) DALAM PEMBINAAN NARAPIDANA PEREMPUAN DI LAPAS PEREMPUAN KELAS IIA PALEMBANG Abdullah, Alexander; Hidayah, Ardiana
Solusi Vol 22 No 3 (2024): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v22i3.1332

Abstract

Palembang Class IIA Women's Prison is one of the implementing units of the prison punishment system that is tasked with fostering female prisoners. The problem in this study is how the role of the Prison in fostering female prisoners in the Palembang Class IIA Women's Prison. In addition, it also raises the issue of what are the obstacles in fostering female prisoners in the Palembang Class IIA Women's Prison. This study is an empirical legal research located in the Palembang Class IIA Women's Prison. The role of the Correctional Institution in fostering female prisoners in the Palembang Class IIA Women's Prison is the guidance carried out in two areas, namely personality development and independence development. Personality development consists of personality development in the fields of religion, sports and arts, national and state awareness, the environmental field and development of integrating oneself with the Community. Prisoners are given independence development as regulated in the Correctional Law so that they become activities that produce goods and services that have benefits and added value. The obstacles faced in fostering female prisoners in the Palembang Class IIA Women's Prison are limited officers and excess capacity of inmates. It is recommended that personality development for inmates be carried out continuously and increase independence development by taking a more tailored approach to the interests and talents of inmates. It is hoped that there will be efforts from the government to overcome excess capacity in correctional institutions.
KEBEBASAN BERPENDAPAT DAN BEREKSPRESI DI MEDIA SOSIAL PRESPEKTIF HUKUM DAN HAK ASASI MANUSIA -, Khairani Hasibuan; Aspani, Budi; Fitriah, Fitriah
Solusi Vol 22 No 3 (2024): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v22i3.1335

Abstract

The characteristic of a country that has progressed in the era of globalization is by seeing how the role of the internet or social media can change the mindset and behavior of its people. The role of the internet today has a fairly important role because almost all activities or information can be accessed on the internet. The internet provides many interesting features and can be a place for people to express themselves, either by providing education, suggestions and criticism, although in fact what is written and said on social media can cause pros and cons. However, as a country that adheres to a democratic system, the government as a facilitator must give its citizens the right to freely express and express their opinions, either directly or through social media. Freedom of opinion and expression is a basic right that has been guaranteed by the constitution in various countries, including Indonesia. Where this right has been universally recognized and guaranteed in various legal instruments, both nationally and internationally. However, freedom of opinion and expression often clashes with other interests such as national security, public order, and the rights of others. This is a challenge to control so that limitations and regulations are given to this freedom, especially in the context of the spread of hoax information, hate speech and violation of privacy. The purpose of this study is to examine and analyze freedom of opinion and expression on social media from a legal perspective, both in terms of relevant national and international regulations.
ANALISIS YURIDIS TERHADAP DUGAAN TINDAK PIDANA KORUPSI SERTA TINDAK PIDANA ANCAMAN DAN KEKERASAN OLEH ISTERI KEPALA DESA Dahwir, Ali
Solusi Vol 23 No 1 (2025): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v23i1.1354

Abstract

ABSTRACT This research discusses actions committed by the wife of the village head which are suspected of being criminal acts of corruption in the form of extortion and/or criminal acts of extortion and threats. The research method used is a normative research method using secondary data. Data were analyzed using qualitative methods. Based on the discussion, it was discovered that the actions carried out by NW could not be classified as criminal acts of corruption in the form of extortion because NW was not a civil servant or state official, which is one of the conditions for implementing article 12 letters e, f and g. The actions that NW has carried out are also not criminal acts of extortion and threats (Article 368 of the Criminal Code) because in carrying out these actions there were no elements of violence committed by NW, so NW's actions do not fulfill the elements of Article 368 of the Criminal Code. Keywords: Crime, Corruption, extortion and threats
ANALISIS YURIDIS TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK DAN BERITA BOHONG Kesuma, Derry Angling; Triputra, Yuli Asmara
Solusi Vol 22 No 3 (2024): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v22i3.1397

Abstract

The problem that the author raises is regarding the reason why the Constitutional Court decided to grant part of the judicial review lawsuit filed by Haris Azhar and Fatia Maulidiyanti, and to remove Article 14 and Article 15 of Law Number 1 of 1946 concerning Criminal Law Regulations regarding the spread of fake news or hoaxes. by using normative legal research methodology, The Constitutional Court has decided and granted part of the judicial review lawsuit filed by Haris Azhar and Fatia Maulidiyanti, which then removed Article 14 and Article 15 and Article 310 of Law Number 1 of 1946 concerning Criminal Law Regulations regarding the spread of fake news or hoaxes. "In the main petition, granting the petitioners' petition in part. Declaring that Article 14 and Article 15 of Law Number 1 of 1946 concerning Criminal Law Regulations (State Gazette of the Republic of Indonesia II Number 9) are contrary to the 1945 Constitution of the Republic of Indonesia and do not have binding legal force," said Chief Justice Suhartoyo in Jakarta. The state may not reduce freedom of opinion with absolute provisions or conditions that what is conveyed is something that is true or not a lie. The Constitutional Court also stated that the elements of "fake news or notification" and "uncertain news, or excessive news" in Article 14 and Article 15 of Law No. 1 of 1946 are norms that contain restrictions on expressing opinions freely in the public sphere. Therefore, the Constitutional Court is of the opinion that the norms in Articles 14 and 15 of Law No. 1 of 1946 can trigger the occurrence of rubber articles that can create legal uncertainty. Regarding the application of Article 310 paragraph (1) of the Criminal Code, the Constitutional Court decided that the article was unconstitutional. The Constitutional Court changed the wording of the article to "anyone who intentionally attacks the honor or good name of a person by accusing them of something verbally, the intention of which is clearly so that it is known to the public, is threatened with defamation with a maximum prison sentence of nine months or a maximum fine of four thousand five hundred rupiah".
PERLINDUNGAN HUKUM TERHADAP KONSUMEN DAN PELAKU USAHA DALAM TRANSAKSI JUAL BELI ONLINE MELALUI METODE PEMBAYARAN CASH ON DELIVERY (COD) Nurlani, Meirina
Solusi Vol 22 No 3 (2024): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v22i3.1418

Abstract

Legal protection for consumers and business actors in online buying and selling deals using the Cash On Delivery (COD) payment system is an personification of fighting for the rights that consumers and business actors have. The significance of furnishing legal protection aims to overcome problems that frequently do. Problems that do to consumers include the condition of the goods not being as promised, detainments in delivery, as well as fraud issues. Meanwhile, problems that frequently do with business actors are damage to goods during delivery or returning goods that don't reach the dealer. The significance of applicable legal protection for consumers and business actors is not only aimed at fostering sense of trust, convenience, comfort and security for all parties involved in online buying and selling deals using the COD system. still, the end of this legal protection is also to give applicable legal arrangements for all parties involved to give legal certainty for online buying and selling deals using the COD payment system.
IMPLEMENTASI PERATURAN PEMERINTAH NOMOR 7 TAHUN 2021 TERHADAP KEMUDAHAN PERIZINAN BERUSAHA BERBASIS RISIKO UMKM DI KABUPATEN OGAN KOMERING ILIR Azizah, Azizah; Sari, Yessy Meryantika; Karyadin, Karyadin; Sari, Dwi Purnama
Solusi Vol 23 No 1 (2025): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v23i1.1458

Abstract

This research aims to evaluate the effectiveness of Government Regulation Number 7 of 2021 in facilitating ease of risk-based business licensing for Micro, Small and Medium Enterprises (MSMEs), as well as to understand its impact on the smooth running of MSME business activities. The research method used is empirical research, namely collecting data directly from the field to obtain information from primary sources which is then analyzed in depth to obtain accurate conclusions. This research is descriptive in nature, and the data used consists of primary and secondary data. The research results show that the implementation of PP No. 7 of 2021 has been implemented by the Office of Cooperatives, SMEs and Industry, Ogan Komering Ilir Regency. Based on this regulation, the agency assists MSMEs in obtaining Business Identification Numbers (NIB) through the OSS (Online Single Submission) system in accordance with applicable legal provisions. However, there are still many MSME players who do not have business permits because of the lack of information or public knowledge regarding business permits, so they have not yet taken care of the NIB and having a business permit for MSMEs has a positive impact from an economic perspective, such as increasing income, business legality, ease of obtaining capital, access to assistance, as well as the opportunity to receive empowerment assistance from the government.
KEPASTIAN HUKUM HAK NORMATIF PEKERJA BERUPA UANG PISAH PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 6 TAHUN 2023 Azani, Adila; Elvionita, Septiara; Nurfitrah, Mesya Assauma
Solusi Vol 23 No 1 (2025): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v23i1.1462

Abstract

The regulation concerning severance pay was previously governed by Article 158 paragraph (4), Article 164 paragraph (2), and Article 168 paragraph (3) of the Manpower Law. These three articles were removed following the enactment of Law Number 11 of 2020 on Job Creation and Law Number 6 of 2023 on the Ratification of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law. However, provisions on severance pay are still found in Government Regulation Number 35 of 2021 on Fixed-Term Employment Agreements, Outsourcing, Working Hours and Rest Periods, and Termination of Employment, which serves as the implementing regulation of Law Number 11 of 2020 on Job Creation. This situation creates confusion in its implementation and may potentially lead to a gap in the protection of workers' normative rights by employers. The problem addressed in this paper is how the legal certainty of workers' normative rights in the form of severance pay is post the enactment of Law Number 6 of 2023. This research is a juridical-normative study with a descriptive-analytical approach. The result of this study shows that Government Regulation Number 35 of 2021 is still in effect as one of the positive labor laws, even though the provisions of Article 158 paragraph (4), Article 164 paragraph (2), and Article 168 paragraph (3) were abolished with the enactment of Law Number 6 of 2023, because the basis for the enactment of Government Regulation Number 35 of 2021 is the provisions of Article 81 and Article 185 letter b of the Job Creation Law, which were not abolished by the enactment of Law Number 6 of 2023. This means that the right to severance pay, as one of the workers' normative rights, must still be fulfilled by employers as part of their obligations when a termination of employment occurs, according to the criteria set out in these articles that result in the entitlement to severance pay.
MEKANISME PEMBERHENTIAN HAKIM MAHKAMAH KONSTITUSI SEBELUM HABIS MASA JABATANNYA Purnamawati, Evi
Solusi Vol 22 No 3 (2024): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v22i3.1480

Abstract

This research uas used normative jusdical about Constitutional Court Judges to be respectfully dismissed according to Law No. 7 of 2020 concerning the Constitutional Court and what is the legal meaning of Constitutional Court Decisions which are Final and Binding. The results of research on the dismissal of constitutional judges in Law 24/2003 as amended into Law Number 7 of 2020 concerning the Constitutional Court Become a Law and in more detail regulated in Constitutional Court Regulation Number 4 of 2012 concerning rocedures for Dismissing Constitutional Judges ("PMK 4 /2012”). Constitutional judges are honorably dismissed for the following reasons: death, resignation at their own request submitted to the Chief Justice of the Constitutional Court, being 70 (seventy) years old; removed; or, hysical or mental illness continuously for 3 (three) months so that he cannot carry out his duties as proven by a doctor's certificate. The decision of the Constitutional Court, which is final and binding, contains 4 (four) legal meanings, namely: First, to create legal certainty as soon as possible for the parties to the dispute. Second, the existence of the Constitutional Court as a Constitutional Court. Third, it is meaningful as a form of social control carried out by the Court. Fourth, as the sole guardian and interpreter of the constitution.
PRINSIP GOOD CORPORATE GOVERNANCE DALAM PENGELOLAAN BADAN USAHA MILIK NEGARA PERSFEKTIF HUKUM BISNIS Wiraguna, M. Aji; Hidayah, Ardiana
Solusi Vol 22 No 1 (2024): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v22i1.1500

Abstract

The implementation of Good Corporate Governance (GCG) as an effective company management system is the implementation of GCG principles which include Transparency, Accountability, Responsibility, Independence, and Fairness in company management. State-Owned Enterprises (BUMN) as entities owned by the state have a significant role in managing the national economy to achieve community welfare. It is expected that the implementation of GCG principles can be optimized in business activities to gain profits and improve the financial performance of the BUMN itself.
KEBERADAAN INSTRUMEN ELEKTRONIK DALAM MENGUNGKAPKAN TINDAK PIDANA Hendra, Hendra; Nopianti, Nia; Roni, Abdul
Solusi Vol 23 No 1 (2025): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v23i1.1501

Abstract

This research is literature research which is grouped intensively, in detail and in depth. The data collection method used in this search is based on applicable regulations, legal deepening is one type of research that is useful for future legal knowledge needs. To analyze files from search developments, you can manage primary and secondary data and then analyze them in a quantitative way. Next, an assessment was carried out and the essence was obtained. This means that the existence of electronic instrument evidence is absolutely recognized

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