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[Perlindungan Hukum Terhadap Konsumen dari Pelaku Usaha Periklanan Menurut UU Nomor 8 Tahun 1999 ]]>
<![CDATA[Fitriah, Fitriah]]>
<![CDATA[ Solusi Vol 17 No 1 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i1.152
<![CDATA[The general provisions of Article 1 paragraph 6 of Act Number 8 of 1999 concerning Consumer Protection, that "Promotion is an activity to introduce or disseminate information on an item and / or service to attract consumers' buying interest in goods and / or services that will be and are being traded". Advertising is a form of information, a tool for product business actors to introduce their products to the public in order to attract people to use these products. the public will get an idea of a product if the product is advertised, but the problem is that the ad does not always provide true or complete information about a product, so many consumers feel cheated by outstanding advertisements. There are several articles regulating advertisements on legal protection against consumers, namely Article 9, Article 10, Article 12, Article 13, Article 17, and Article 20. If a business actor has made an agreement with the consumer then the businessman deceives with the purpose of fraud then it can be used as an excuse to cancel the agreement stipulated in Article 1321 of the Civil Code and article 1328 of the Civil Code. However, if there is no contractual or contractual relationship between the business actor and the consumer, the consumer is harmed as a result of the advertisement lie, for example a consumer is injured and loses, the business actor is declared as a party that is violated by Article 1365 of the Civil Code.]]>
<![CDATA[TANTANGAN DAN PELUANG PENEGAKAN HUKUM DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI ]]>
<![CDATA[Martini, Martini]]>
<![CDATA[ Solusi Vol 17 No 1 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i1.153
<![CDATA[The challenges of law enforcement in eradicating corruption are among others: the lack of trust in law enforcement officers; Examination of corruption cases in court by judges prioritizes the fulfillment of formal legal actions. The absence of a judge's decision which is a symbol of firmness in combating corruption: awareness of the impact of corruption is still too abstract and poorly understood by the community; The war on corruption is still merely a political discourse or entertainment for the people; the absence or lack of opportunities to participate in eradicating corruption is the reason why people do not care or are concerned about eradicating corruption. Besides the inherent habit that bahwa if all want to be fast, money is the solution ’and culture that is‘ nrimo ’or does not want to question all matters related to the administration of the state, as if it is an element of fertilization. Opportunities for law enforcement in eradicating corruption include: Issuance of Law No. 31 of 1999 concerning Eradication of Corruption Crime; the growth of the Corruption Perception Index (CPI) in Indonesia is the highest compared to other countries in the world; national concerns about corruption can stimulate governments and anti-corruption activists to campaign extensively with high intensity; The press has become a powerful media for raising public awareness of the effects of corruption]]>
<![CDATA[KAJIAN NORMATIF TENTANG PROSES PELAKSANAAN PEMBEBANAN JAMINAN FIDUSIA ATAS JAMINAN PERSEDIAAN BARANG DAN PIUTANG DAGANG DI DUNIA PERBANKAN ]]>
<![CDATA[Rizayusmanda, Rizayusmanda]]>
<![CDATA[ Solusi Vol 17 No 1 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i1.154
<![CDATA[Banking is an institution that is vulnerable to risks related to money. The banking position as a mediator that connects those with surplus and financial deficits, banks must maintain good relations with the two parties. Banking decisions must be moderate, namely considering the desires of both parties because without the two parties, banking activities are not running. But if you are not careful in disbursing loans, bad credit will occur, then to protect the money disbursed, the debtor must provide collateral to the bank. This paper is a normative legal research that is research aimed at written regulations relating to the procedure for carrying out fiduciary collateral for collateral in the form of inventory and trade receivables according to Fiduciary Law Number 42 of 1999, and the legal consequences if the collateral is in the form of inventory the goods and receivables are not processed by loading fiduciary and registering them to the Fiduciary Registration Office. In the implementation of Fiduciary Collateral Imposition, especially collateral for credit in the form of goods and trade receivables, as determined by law, by registering the Fiduciary Deed of Registration with the Fiduciary Registration Office - Ministry of Law and Human Rights. For collateral for loans financed by banks, the Actions made under the hand or Notarial but not registered with the Fiduciary Deed of Registration at the Fiduciary Security Registration Office, do not get preferential rights and an executorial right guaranteed by the Fiduciary Guarantee Institute, and the Fiduciary Guarantee Agreement is only in the form of a Fiduciary Deed Registration Office. under the hand that has no executive power]]>
<![CDATA[JUAL BELI E-COMMERCE DALAM PERSFEKTIF HUKUM ISLAM ]]>
<![CDATA[Hidayah, Ardiana]]>
<![CDATA[ Solusi Vol 17 No 1 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i1.155
<![CDATA[Buying and selling is one type of mu'amalah regulated in Islamic Law. Based on its form, e-commerce is a model of buying and selling transactions. The concept of e-commerce buying and selling leads to engagement between the parties to provide an achievement. Based on Sunnah Fiqh, buying and selling is the exchange of property (whatever its form) is done voluntarily or the process of transferring property rights to other people with compensation or certain rewards. According to Islamic Law, e-commerce buying and selling is permissible, if it is in accordance with the rules of fiqh in the basic principles of muamalah transaction and its requirements as long as it is not prohibited by sharia or contrary to the argument]]>
<![CDATA[KEDUDUKAN MAHKAMAH KONSTITUSI SEBAGAI LEMBAGA NEGARA BERDASARKAN UNDANG-UNDANG DASAR 1945 ]]>
<![CDATA[Johansyah, Johansyah]]>
<![CDATA[ Solusi Vol 17 No 2 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i2.167
<![CDATA[The Constitutional Court is the executive branch of the judiciary that is independent and separate from other branches of power, namely the government (executive) and legislative institutions. The Constitutional Court as a first and last level judiciary does not have an organizational structure as large as the Supreme Court which is the peak of a judicial system whose structure is vertically and horizontally covers five judicial environments, namely the general court environment, the state administrative court environment, the religious court environment, and military court environment. As an organ of judicial power that operates the judicial function, the Constitutional Court is independent, both structurally and functionally. The functions and authorities of the Constitutional Court based on Law No. 24 of 2003, namely the Constitutional Court has the authority to hear: Test the laws against the Republic of Indonesia 1945 Constitution; Decide on authority disputes between state institutions whose authority is granted by the Republic of Indonesia 1945 Constitution; Decide the dissolution of political parties; Decide disputes about election results; Give a verdict on the opinion of the House of Representatives that the President and / or Vice-President are suspected of violating the law in the form of treason, corruption, bribery, other serious crimes, or despicable acts, or no longer fulfill the conditions as President and or Vice President, as intended in the Republic of Indonesia 1945 Constitution.]]>
<![CDATA[KONSEP PEMBANGUNAN HUKUM E-COMMERCE ]]>
<![CDATA[Hidayah, Ardiana]]>
<![CDATA[ Solusi Vol 17 No 2 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i2.168
<![CDATA[The development of transportation, communication and information technology further increases the pace of globalization. The use of technology has driven business growth including transaction activities by utilizing technology and telecommunications through e-commerce activities. Problem formulation related to the application of business law in e-commerce activities and the role of law and the concept of legal development in e-commerce business. Legislation in e-commerce activities has been regulated in Law Number 11 of 2008 which has been amended into Law Number 19 of 2016 concerning Information and Electronic Transactions, Law Number 7 of 2014 concerning Trade and Government Regulation Number 82 In 2012 concerning the Implementation of Electronic Transactions and Systems. In its application there are still some weaknesses, namely the existence of objects in electronic transactions cannot be perfectly perceived electronically. There are still obstacles to accountability and the level of reliability in proof of an electronic contract. Law is a tool for maintaining order in society. Law will always adjust to the conditions that occur in the middle of the community and act as a means of renewal in people's lives. Rapid development has resulted in increasingly complex problems faced by the community from traditional patterns to modernization. The development of business law in Indonesia in e-commerce activities is carried out to support the realization of sustainable economic growth, as well as creating certainty, enforcement and legal protection.]]>
<![CDATA[TINJAUAN YURIDIS TENTANG PELAKSANAAN HAK DAN KEWAJIBAN BADAN PENYELENGGARAAN JAMINAN SOSIAL MENURUT UNDANG-UNDANG NOMOR 24 TAHUN 2011 ]]>
<![CDATA[Marsidah, Marsidah]]>
<![CDATA[ Solusi Vol 17 No 2 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i2.169
<![CDATA[The purpose of this study was to determine the rights and obligations of the Social Security Organizing Agency. The type of research used is the type of normative legal research and the data source used is a secondary data source. The rights and obligations of the Social Security Organizing Body are regulated in the provisions of articles 12 and 13 of Law Number 24 of 2011. The right of the Social Security Organizing Body is to obtain operational funds for the operation of programs sourced from social security funds and / or other sources in accordance with statutory provisions -invitation. Whereas the obligation of the Social Security Organizing Body is to provide a single identity number to the participant, that is, a number given specifically by the Social Security Organizing Board to each participant to ensure orderly administration of the rights and obligations of each participant. Information on the performance and financial condition of the Social Security Organizing Agency includes information on the amount of assets and liabilities, receipts and disbursements for each Social Security Fund and / or the total assets and liabilities, receipts and disbursements of the Social Security Organizing Body, providing benefits to all participants in accordance with the Law - Law on the National Social Security System, providing information to participants about the rights and obligations to follow applicable regulations, providing information to participants about the procedure for obtaining rights and fulfilling their obligations, providing information to participants about balances.]]>
<![CDATA[Penyalahgunaan Kewenangan Pejabat Pemerintahan Dan Ruang Lingkupnya Menurut Undang-Undang Administrasi Pemerintahan ]]>
<![CDATA[Barhamudin, Barhamudin]]>
<![CDATA[ Solusi Vol 17 No 2 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i2.171
<![CDATA[The purpose of this research is to find out, study and analyze in determining the element of abusing authority in government administrative laws. In this study using normative research with a statutory approach and a conceptual approach. Legal materials consisting of Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials. The results obtained are benchmarks to determine the existence of abuse of authority according to administrative law, in this case UUAP occurs if government officials or officials conduct discretion without going through procedures and the purpose is not carried out within the scope of what has been determined by Law of the Republic of Indonesia Number 30 of 2014 concerning Government Administration in article 17 and article 18 includes: a. The statute goes beyond the authority; b. prohibition of confusing authority; c. prohibition of arbitrary actions. d. beyond the term of office or the validity period of the Authority; e. beyond the territorial validity of the Authority; and / or f. contrary to statutory provisions. g is outside the scope of the field or material given Authority; and / or h. contrary to the stated purpose of the Authority. Abuse of authority either according to administrative law or criminal law has the respective legal domain. Decisions and / or Actions that are determined and / or carried out by exceeding illegitimate Authority if it has been tested and there is a Court Decision that has permanent legal force and Courts that have permanent legal force.]]>
<![CDATA[EKSISTENSI PERADILAN TATA USAHA NEGARA DALAM PENYELENGGARAAN PEMERINTAHAN ]]>
<![CDATA[Aspani, Budi]]>
<![CDATA[ Solusi Vol 17 No 2 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i2.172
<![CDATA[Legal protection of citizens for acts committed by the authorities can be done through 3 (three) bodies, namely the State Administration Agency, through administrative efforts, the State Administrative Court, based on Undag - Law Number 5 of 1986, General Judiciary, through Article 1365 of the Civil Code. In an effort to approach the main problem in this study, the authors use the type of library research that is descriptive analysis, namely by conducting research on library materials, then carried out an analysis by referring to the laws and regulations in the fields related to the problem under study. After discussing the existing problems, it can be concluded that the authority or competence of the State Administrative Court Judge is to examine, decide upon and resolve the State Administration dispute between civil persons or legal entities as a result of the issuance of a State Administration Decree. The State Administration Decree issued by the State Administration Agency / Officer can be denied by submitting Administrative Efforts consisting of Administrative Objections and Appeals. Against Decisions Administrative efforts in the form of administrative objections and appeals can be filed with the State Administrative Court within a grace period of 90 (ninety) days from the date of receipt or announcement of the Decree of the State Administration Agency / Officer.]]>
<![CDATA[WEWENANG DAN TANGGUNG JAWAB HUKUM KURATOR ATAS KESALAHAN ATAU KELALAIANNYA MENGAKIBATKAN KERUGIAN BAGI DEBITOR DALAM PROSES HUKUM PENGURUSAN DAN PEMBERESAN HARTA PAILIT ]]>
<![CDATA[Aprita, Serlika]]>
<![CDATA[ Solusi Vol 17 No 2 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i2.173
<![CDATA[ABSTRACT In general, the monetary crisis that hit a country gave an unfavorable influence on the economic life of the country concerned and caused great difficulties in the business community to continue its activities. The ability of the business world to develop its business is very disturbed, even to maintain the continuity of its business activities is also not easy. It was decided that a debtor becomes a bankrupt debtor by the Commercial Court, it will cause legal consequences for the debtor and his assets. In connection with the loss of the right to control and manage the assets of the debtor, the curator has the authority to administer and deposit bankrupt assets. However, in its implementation, the curator has done a lot of mistakes and negligence in carrying out his duties, as found in various case examples, so the debtor must be responsible for errors and omissions. The existence of legal ratios as well as the form and mechanism of curatory legal responsibility has been regulated in Law Number 37 of 2004 based on the theory of legal responsibility and legal protection theory and the opinions of bankruptcy law experts are the main basis for curators to be responsible for their errors or omissions. It is expected that the curator in carrying out his duties to manage and deposit bankrupt debtors' assets can maximally increase the value of bankrupt assets in the interest of creditors.]]>
