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Solusi

solusi
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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.

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Articles 235 Documents

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EKSISTENSI KEKUASAAN KEHAKIMAN ( JUDICATIVE POWER) DALAM MEWUJUDKAN INDEPEDENSI PERADILAN DAN PERADILAN YANG BERSIH Fifiana, Eveline
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Every Indonesian citizen has the obligation to uphold the applicable law. Every implemented law has a demand for justice. Judicial power must exist in every democratic State of Law, tasked with upholding and overseeing the enactment of the applicable law and regulations (ius constitutum) in order to realize justice. Law without justice will be in vain, as a result, law will become invaluable before community. To answer the problems in this study, the researcher used a normative juridical approach, descriptive qualitative in nature. In this research, law enforcers, especially judges, must uphold the authority of the law and uphold the value of trust in society. The important prerequisites in upholding law and justice in the wolrd of justice is noble, clean, honest, professional, high integrity, high moral, and dignified judge. Supreme Court and Constitutional Court as judicial power holders, along with Judicial Commision in the scope of judiciary powers, not only have the authority to guide the judges but also have the authority to maintain the independency of judiciary powers from the influence of government and outside government parties by minimizing the subjectivity in recruitment process of prospective judges and supreme judges. The independency of judicial power is not enough, because law enforcers, especially “bad” judges can take refugee under the independency of judicial power. To build an “ideal” Judge or Supreme Judge who will fulfill the people needs of justice, the Judge or Supreme Judge recruitment process conducted by Judical Commission need to be strict while increasing the control over the implementation of power to minimize the arbitrary acts and abusive judge’s power. High commitment, consistency, adhering to the principles and code of ethics in carrying out their duties will lead to a clean, authoritative judiciary in the eyes of the society so that the hope of upholding independent judicial power will be realized while at the same time bring improvements to the Indonesian justice situation.

PENYELESAIAN SENGKETA KONSUMEN AKIBAT KERUGIAN KARENA TIDAK TERPENUHINYA HAK-HAK KONSUMEN ATAS INFORMASI YANG BENAR DALAM RAHASIA DAGANG Fitriah, Fitriah
Solusi Vol 16 No 2 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

The purpose of doing business is to achieve maximum profit so that business actors try to win the competition even though it is done through ways that are contrary to ethics and law so that not only other business actors are harmed but also consumers. Trade Secret that is part of the Right of Wealth Intellectual property is an exclusive right for the owner or recipient of the right to enjoy the economic benefits of information that is not publicly known in the field of technology and business. The owner of the Trade Secret as an entrepreneur has the right to conceal the information of such economic value to anyone including the consumer. But on the other hand under the Consumer Protection Act (UUPK), the consumer has the right to correct information on the goods it receives. The settlement of the dispute due to the non-fulfillment of the consumer right on the correct information about the goods may occur due to two possibilities, namely: with consumers who violate UURD for seeking the correct information about the product of the goods it receives by committing an act against the law. And disputes related to business actors who violate UUPK because they do not provide the correct information about the goods being produced and marketed. In the case of a dispute due to a business actor who does not provide correct information about the goods produced and marketed, in accordancewith UUPK, any consumer or aggrieved consumer group may by suing a businessactor through an agency in charge of resolving disputes between consumers andbusiness actors.

KOMPETENSI PENGADILAN NIAGA DALAM PENYELESAIAN SENGKETA BISNIS DI INDONESIA Siahaan, Hotman
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

In the Indonesian justice system found three (3) judicial institutions authorized to settle economic disputes, the District Court, Commercial Court and the Court of Religion. With the presence of the three courts that settle economics disputes, it can also be compared the advantages and disadvantages from each judiciary in the resolution of economic disputes.Assessment implemented through legislation approach as normative legal research which is equipped with study of the principles of law, systematic legal, comparative law, and history of law.This paper find that the settlement of economics disputes through the Commercial Court is superior compared to the other court. Unfortunately, business dispute settlemet authority for the Commercial Court is still limited to bankruptcy issues and delays payment of debt obligations as well as certain disputes in the field of intellectual property rights. Considering the excellence of the Commercial Court in the resolution of economic disputes, it is better to extend the authority of the Commercial Court, including in the areas of tort and breach of contract for other business disputes.

PENCATATAN SIPIL DALAM TINJAUAN HUKUM PERDATA Husnulwati, Sri
Solusi Vol 16 No 2 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Significant events that need to be noted are the events experienced by the people who bring the consequences of the change of civil rights, as well as the birth of civil rights or the abolition of civil rights. The purpose of this research is to know how civil records are viewed from the perspective of civil law. This research is a kind of legal research which is also referred to as empirical law research. The result of this research is that the deed of civil registration has the utility or benefit from civil law point of view, namely: (1) giving legal certainty about events related to civil events such as birth, death, marriage, divorce and others, (2) authentic that determines the civil status of a person, (3) may be used for the benefit of the public service

HAK PREROGATIF PRESIDEN MENURUT UUD 1945 Johansyah, Johansyah
Solusi Vol 16 No 2 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

In practice the power of the President of the Republic of Indonesia as head of state is often referred to as the "President's prerogative" and is defined as the absolute power of the President that cannot be disturbed by other parties. Theoretically, prerogative is translated as a privilege owned by certain institutions that are independent and absolute in the sense that they cannot be sued by other state institutions. In the modern state government system, this right is owned by the head of state, either the king or the president and head of government in certain fields stated in the constitution. This right is also matched with the full authority granted by the constitution to the executive body within the scope of the power of its government. The system of government of modern states seeks to place all models of power within the framework of public accountability. Thus, power that cannot be controlled, is sued and accounted for, in practice it is difficult to get a place. Thus, in the practice of state administration of modern countries, this prerogative is no longer absolute and independent, except in terms of policy making in the context of governance

PELAKSANAAN PERJANJIAN PENGANGKUTAN PENUMPANG MENURUT UNDANG-UNDANG NOMOR 22 TAHUN 2009 Marsidah, Marsidah
Solusi Vol 16 No 2 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Communities that are still very dependent on public transport are not matched by the provision of adequate public transport. This causes passengers to use public transport services, sometimes less comfortable, so that the quality of transportation services is needed. In addition, the legal protection for all parties related to the transportation system, especially the users of transportation services is very important given the importance of the role of traffic and road transport for the whole community. The problem in this research is how the legal consequences arising in the implementation of the transport agreement according to Law Number 22 Year 2009 on Traffic and Road Transport. The type of research used in this writing is normative juridical. Legal consequences for transport service managers in the event of defaults on passengers in the operation of transportation which is their obligation so as to provide passengers with loss of goods that are legally registered and physically disabled for transportation service providers, the legal consequences for transport service managers must be responsible for paying obligations or compensation in accordance with applicable regulations. Legal protection for public transport passengers from public transport companies is responsible for all losses caused by the actions of people employed in transport activities such as the provisions of Article 191 and Article 192 paragraph (1) of Law Number 22 of 2009

PEMERINTAHAN DAERAH DALAM SISTEM OTONOMI Johansyah, Johansyah
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Local government system has connection to regional autonomy, which has been applied in Indonesia. Then before, all systems are centralized administration, then after the implementation of regional autonomy expected the region could set its own regional government of live by optimizing the existing pontential of the region. Nevertheless, there are some things remain regulated by the central government as the country’s financial affairs, religion, foreign affairs, and others, Also, local government system actually is one form of government that is efficient and effective. Because in general, the central government may not take care of all the country’s problems are so complex. On the other hand, local governments as well as the training ground and the development of democracy in a counntry life.

PERLINDUNGAN HUKUM BAGI KARYAWAN YANG DITAHAN IJAZAHNYA OLEH PERUSAHAAN Junaidi, Junaidi
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

A work agreement is an agreement between a worker / laborer and an employer or employer that contains the work conditions, rights and obligations of the parties. The work agreement was made to obtain certainty regarding what was promised, both parties must respect each other. In the work agreement that must be considered is not violating the rule of law, each party must agree and may not be forced or forced, the contents of the work agreement must be clear, so that there is no misunderstanding in the future which results in default. An agreement in a company ideally protects the interests of all parties involved in the agreement because an agreement should be made based on the agreement between the two parties. The substance of the work agreement made may not conflict with the applicable labor regulations. Therefore work relations must contain the principle of justice, harmonization of the elements in industrial relations (employers, workers / laborers and the government).

BENTUK DAN TANGGUNGJAWAB PIHAK BANK TERHADAP DANA SIMPANAN PARA NASABAH Fitriah, Fitriah
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

A bank is a financial institution whose existence depends absolutely on the trust of its customers who entrust their savings funds. Banks are very concerned that the trust of the public, who have and who will save their funds, are well-maintained, considering that the bank is part of the financial system and payment system. Bank secrecy is very important because banks need the trust of the people who keep their money in the bank. The customer only entrusts his money to the bank or makes use of the bank's services if the bank provides a guarantee that the bank's knowledge of deposits and the state of their assets will not be misused. The legal relationship between the bank and the depository customer starts from the signing of a written agreement (contractual relationship) between the bank and the customer which contains the rights and obligations for each party. As for the form of agreement for depositing funds between the customer and the bank, it is called a deposit agreement (Article 1319 Civil Code). In a deposit agreement, the bank sets certain general requirements in a deposit account or savings account, among others, the recipient of the deposit (bank) can use the depositors' money and at a certain time the bank will provide interest. Other provisions that can be used as the basis of relations between banks and depositors are Proxy Giving. Depositors give their power to banks when signing deposit accounts or savings accounts or bank accounts. This agreement becomes a law or law for both parties (Article 1338 of the Civil Code). As a manifestation of the bank's responsibility for depositing customers, banks must pay attention to the 4 (four) pillars of the relationship between depositors and banks, namely: Prudence, Health, Bank Secrets and Trust

Implementasi Hak Asasi Manusia Sebagai Hak Konstitusional Warga Negara Pada Peraturan Daerah Mengenai Sistem Penyelengaraan Pendidikan Gratis 12 Tahun di Provinsi Sumatera Selatan Khususnya Kota Palembang Maidianti, Silfy
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

This research is motivated by the development of the city of Palembang local government also pay much attention to the aspect of the fulfillment of human rights education free of charge from elementary, junior high, and high school level. It is the fulfillment of socio-cultural rights of the community which has been regulated in the South Sumatera Provincial Regulation No. 16 of 2011 on the implementation of the 12-year free education program and how the implementation of the program's policies is running accordingly and on target. Of the issues to be discussed1. The role of DPRD of Palembang City in Formation and Supervision. Product Regulation Area Free Education Program 12 Years 2. Implementation of the implementation of free education program 12 Years in the field.This research employs the empirical normative method by analyzing, solving and explaining the existing problems by collecting data clarifying and interpreting. The data used are primary, secondary and tertiary data. The result of the research can be concluded that in forming a good regulation should be based on the principles of legislation. as well as the control side to what extent the DPRD has implemented effective oversight of the regional heads in implementing the established public policies. To carry out the oversight function, the DPRD in performing its duties is entitled to ask state officials, government officials or citizens to provide information on a matter that needs to be addressed in the interest of the state, nation of government and regional development. In Regional Regulation No. 3 of 2009 jo Perda 16 of 2011 on the implementation of PSG in South Sumatra, it is stipulated that program funds sourced from Provincial APBD are channeled directly to school accounts by provincial / municipal / private government. While funds sourced from APBD districts / cities distributed by the government district / city to each school / madrasah. This PSG fund is used for school operational costs The mechanism for accounting for the allocation of PSG funds in schools should be arranged in order to be balanced. This means that the money out must be in accordance with the entry money as evidenced by the bill of expenditure. Then the note is attached with the letter of accountability (SPJ) reported to the financial department of the education department once every three months. Suggestion that the sharing of funds from districts / municipalities should not be delivered late in the provincial government about the amount of fund sharing and reporting from school to government on the number of students and must be on target until there is no delay in receiving assistance from the province.

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Home Page

OAI Link

Editorial Team

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Reviewer

Google Scholar

Contact Name Ardiana Hidayah

Contact Email ardyanah@yahoo.co.id

Phone -

Journal Mail Official ardyanah@yahoo.co.id

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Location Kota palembang, Sumatera selatan INDONESIA

Abstract

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Abstract

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Abstract

Contact Name
Ardiana Hidayah

Contact Email
ardyanah@yahoo.co.id

Phone
-

Journal Mail Official
ardyanah@yahoo.co.id

Editorial Address
-

Location
Kota palembang,

Sumatera selatan

INDONESIA