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[TRANSAKSI PERBANKAN MELALUI INTERNET BANKING ]]>
<![CDATA[Asuan, Asuan]]>
<![CDATA[ Solusi Vol 17 No 3 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i3.220
<![CDATA[Internet banking is one of the bank's services to customers to obtain information, communicate and conduct banking transactions through the internet network, the implementation of which customers already have a bank account, ATM and User ID and PIN to conduct banking transactions through internet banking based on article 1320 and 1338 Civil Code. Act Number 10 of 1998 concerning Banking in article 5 concerning types of banks, namely commercial banks and people's credit banks and article 40 regarding bank secrecy, including matters of banking transactions through internet banking and legal protection provided by banks regarding the confidentiality of customer data. Disputes on banking transactions through internet banking (banks and debtors) can be resolved by referring to agreements agreed upon by the parties, dispute resolution can be done through court (litigation) or outside the court (non-litigation) based on Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution in article 6 concerning general disputes that can be resolved through arbitration.]]>
<![CDATA[PEMBUKTIAN DALAM SENGKETA TATA USAHA NEGARA ]]>
<![CDATA[Johansyah, Johansyah]]>
<![CDATA[ Solusi Vol 17 No 3 (2019): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v17i3.221
<![CDATA[The purpose of this study is to find out and analyze the evidentiary process at the trial in a State Administration dispute involving evidence, the burden of proof and evaluation of the evidence carried out in the State Administrative Court. This type of research is normative legal research. Proof is a procedure for establishing evidence of a fact in a State Administration case to be used as a basis for consideration in passing a decision. In general explanation of Law Number. 5 of 1986 stated that the teaching of proof used in the State Administrative Court is the teaching of free proof, in the State Administrative Court, the judge plays a more active role in the trial process to obtain material truth. An administrative suit does not in essence delay the implementation of the disputed State Administration Decree. The judge has the authority to provide an assessment of the results of evidence in examining, deciding, and resolving State Administration Disputes based on Article 107 of Law Number 5 of 1986.]]>
<![CDATA[UPAYA PAKSA BADAN (LIJFSDWANG) TERHADAP DEBITOR YANG TIDAK KOOPERATIF ]]>
<![CDATA[Yolanda, Nina]]>
<![CDATA[ Solusi Vol 16 No 1 (2018): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v16i1.91
<![CDATA[Objective: To analyze and describe the forced effort of the body (lijfsdwang) against uncooperative debtors. Research method: research using normative juridical method. The results of the study: Requested the supervisory judge to issue a summons with the objective of presenting the debtor's bankruptcy debtor to the meeting or creditors meeting, delivering a warning letter instructing the debtor to comply with specific actions in bankruptcy, asking the supervisory judge to use the instruments available in Article 84 of the Law, ie to hold the debitor hostage. The weakness of bankruptcy law enforcement is due to: the lack of goodwill of the court (Commercial Court) to carry out the body's forced efforts only for trivial reasons; the reason for the forced implementation of the body in the UUK is easily avoided by uncooperative uncooperative debtors, whereas the reason for the institution's implementation of agency force is to impose coercion on debtors who are able to pay but do not pay their debts to creditors, so they do not hang around and hide even the master property that has been declared bankrupt.Ketentuan this naughty debtor shelter from the threat of force body. The debtor can easily meet both criteria in the provisions of this UUK. Therefore, the authors suggest that a revision of the provision of force in this UUK]]>
<![CDATA[IMPLEMENTASI HAK SUBROGASI PERUSAHAAN ASURANSI TERHADAP KENDARAAN YANG DI ASURANSIKAN ]]>
<![CDATA[Asuan, Asuan]]>
<![CDATA[ Solusi Vol 16 No 1 (2018): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v16i1.100
<![CDATA[Approach in normative juridical research, because that legal research is a process to find the rule of law, the principles of law, as well as to address the legal issues faced. Therefore, this type of research is normative with respect to principles and norms in the implementation of subrogation in insurance agreements. In writing with primary and secondary data obtained from literature materials in the form of Act, Perasuaransian, Government Regulation, Civil Code, Trade Codes and literature, lecture materials and other sources related to insurance and problems in particular. The responsibility of the insurance company on the basis of a subrogation right against the insured's loss arising from a third party's mistake, the insurer shall indemnify the insured under the principle of utmost good faith, pursuant to the motor vehicle insurance agreement provided that the insurer is not informed that the losses suffered by the insured are solely not from a third party error. Forms of protection against insurers on the insured who violate the right of subrogation by demanding compensation for the insurer and the third party that the insurer or the insurer can claim back to the insured at any time as long as it is true that the insured has demanded compensation for the third party and at the same time demanding claims against the insurer and the insured is obliged to return some compensation that has been obtained from the insurance claim of insurance vehicles provided, in accordance with the principle of balance or indemnity principle.]]>
<![CDATA[PENGADAAN TANAH BAGI PELAKSANAAN PEMBANGUNAN UNTUK KEPENTINGAN UMUM ]]>
<![CDATA[Bustomi, Abuyazid]]>
<![CDATA[ Solusi Vol 16 No 3 (2018): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v16i3.119
<![CDATA[Land acquisition is any activity to obtain land by providing compensation to those who release or surrender land, buildings, plants, and objects related to land. Land acquisition can be carried out by the private sector and the government. In the case of land acquisition by the private sector, the methods carried out are through buying and selling, exchanging, or other means agreed upon by the parties concerned, which can be carried out directly between interested parties (for example: between developers with the right holder) with compensation for the amount or type determined in the deliberation. Whereas in the case of land acquisition by the government or regional government for the implementation of development in the public interest, it can be carried out by releasing or surrendering land rights, or also by revoking land rights through deliberation. Procurement of land for the implementation of development in the public interest is carried out through deliberation with the aim of obtaining an agreement on the implementation of development in the specified location, along with the form and amount of compensation. The deliberation process carried out by the land acquisition committee and the rights holder is intended to ensure that the rights holders receive adequate compensation for their land.]]>
<![CDATA[KOMPETENSI ABSOLUT DAN RELATIF PERADILAN TATA USAHA NEGARA MENURUT UNDANG-UNDANG NOMOR 5 TAHUN 1986 Jo. UNDANG-UNDANG NOMOR 9 TAHUN 2004. ]]>
<![CDATA[Aspani, Budi]]>
<![CDATA[ Solusi Vol 16 No 3 (2018): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v16i3.142
<![CDATA[ABSTRACT Indonesia is constitutionally constitutional state and requires the government through its apparatus in the field of State Administration to play a positive active role in all aspects of people's lives to achieve the prosperity of their people. Within this framework, it is not uncommon for a dispute to be caused by actions from the government in the form of irregularities, thus violating the human rights of its citizens. Strictly speaking, these deviations constitute government actions that are detrimental to those affected by the decision, in this case the people. The foregoing raises problems namely; whether any decision of the State Administration or Agency that causes harm to a person or legal entity can be submitted and sued as a dispute to the State Administrative Court and administrative efforts in which the decision can be sued again through the State Administrative Court. In this study the authors use the method of normative law research (normative law research) and by using primary, secondary and tertiary legal materials. Normative legal research examines laws that are conceptualized as the norms or principles that apply in society, and become a reference for each person's behavior. Management and analysis of data is done in a qualitative way that is analyzing library data to produce descriptive data. After conducting discussions on the existing problems, it can be concluded, Each decision of the State Administration Agency or officials that causes harm to civil legal persons or entities can be submitted and sued as a dispute to the State Administrative Court. Its relative competency is related to the place of residence or jurisdiction of the court itself, as well as the parties to the dispute. Whereas the absolute competence can be seen from the point of view of the basis of disputes, which is due to the issuance of written provisions by the State Administrative Court or Agency. Administrative efforts in resolving state administrative disputes are known as administrative channels or efforts, whether in the form of administrative appeals or objections. In accordance with the basis of our country's philosophy of Pancasila, then the state administrative disputes should be resolved as far as possible through administrative efforts, which are more deliberative in reaching consensus. But if all available administrative efforts have been used, it turns out that the disputing parties remain unsatisfied, then the matter is raised and sued through the State Administrative Court.]]>
<![CDATA[PERLINDUNGAN HUKUM ATAS HAK KEKAYAAN INTELEKTUAL HASIL PENELITIAN DOSEN ]]>
<![CDATA[Sardana, Layang]]>;
<![CDATA[Suryati, Suryati]]>;
<![CDATA[Disurya, Ramanata]]>
<![CDATA[ Solusi Vol 18 No 1 (2020): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v18i1.252
<![CDATA[Intellectual Property Rights (IPRs) defines as rights about the property arising of human intellectual abilities. The skills may include the field of technology, science, art, and literature. The law must be able to protect the intellectual work so the community can develop their creativity and ultimately leads to the successful goal of protecting IPRs. The aim of this study is to explore the legal protection of IPRs for the Lectures’ research findings. This study applies normative juridical research method that focuses on positive legal norms governing the Legal Protection of IPRs for lecturers’ research findings. The results of this study are (1) a substantive requirement that requires applied patent meets requirements include brand new product, inventive, applicable through the basic provisions of article 2 to 5 of Patent Law, and (2) Based on the existence of copyrighted books, as previously reviewed that the protection system adheres to automatically protection which means in order to obtain legal protection it is not compulsory for the creator to go through the registration process as the protection is existed since the work was created, such as books copyrights.]]>
<![CDATA[DASAR PERTIMBANGAN HAKIM DALAM PENETAPAN PERKARA ISBAT NIKAH ]]>
<![CDATA[Armalina, Armalina]]>;
<![CDATA[Hidayah, Ardiana]]>
<![CDATA[ Solusi Vol 18 No 1 (2020): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v18i1.253
<![CDATA[Marriage isbat is a method by husband and wife who have been legally married according to religious law in obtaining state recognition of the marriage so that it is legally binding. Judges in carrying out their duties and authorities, especially judges under the environment of the religious court, are guided by the principles of Islamic personality in the Judicial Power Act, namely the religious court is one of the executors of judicial power for people seeking justice in Islam regarding certain cases. Courts in the religious court environment examine, decide and settle certain cases, one of which includes marital matters. Judge's considerations in setting a case specifically on marriage isbat, the judge must be guided by the Qur'an and the hadith of the Prophet, as well as ijtihad scholars on the values of the philosophy of marriage law in the teachings of Islam. Marriage isbat provides legal certainty and usefulness. The existence of the determination of the case has its benefits and provides legal certainty on the legality of marriage both in religious law and in state law so that the legal objectives are achieved.]]>
<![CDATA[PENYELESAIAN TERHADAP DEBITUR WANPRESTASI DALAM PERJANJIAN GADAI ]]>
<![CDATA[Asuan, Asuan]]>
<![CDATA[ Solusi Vol 18 No 1 (2020): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v18i1.254
<![CDATA[The problem of this research is how the default in the pawn agreement and settlement of the debtor default in the pawn agreement according to the Civil Code. One type of guarantee for movable objects is a pawn given to guarantee a bill or credit that is regulated in article 1150 of the Civil Code (Civil Code). Default is not fulfilling something that is required as specified in the agreement. Debtor defaults in a pawn agreement according to Article 1234 of the Civil Code, that one of the defaults is caused by not doing what he is promised to do. Article 1238 of the Civil Code states that the debtor is considered negligent with the passing of the time limit specified as stated in the Credit Proof (SBK) approved by the debtor and creditor, in a pawn agreement there is a need for a warning or reprimand / summons. Settlement of default debtors in the pawn agreement according to the Civil Code is contained in article 1156 paragraph 1 and 2, namely through auctions of pawning goods generally called direct execution (parate execution) and submit a claim through the local District Court in accordance with where the debtor entered into a pawn agreement.]]>
<![CDATA[KEWENANGAN KEPALA DAERAH TERHADAP BADAN USAHA MILIK DAERAH DITINJAU DARI HUKUM ADMINISTRASI NEGARA ]]>
<![CDATA[Agustina, Enny]]>
<![CDATA[ Solusi Vol 18 No 1 (2020): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v18i1.256
<![CDATA[The research objective was to analyze and explain the authority of the regional head towards the state-owned body in terms of state administrative law. The research method of this paper uses a normative juridical research method. Research results: The state is an organization of power because in the country we always meet the centers of power, both in the superstructure (incarnated in political institutions and state institutions) and infrastructure which includes political parties, interest groups, pressure groups, political communication tools. This study uses normative estimation so that the sources used come from the literature, literature. This study discusses the authority of the Regional Head towards Regional Owned Enterprises. The results obtained from the study are Regional Owned Enterprises in the form of Regional Companies formed through Regional Regulations based on Law No.5 of 1962 concerning Regional Companies. After the Regional Company has its form as a Limited Liability Company, the rules concerning the Limited Liability Company apply to him with shares owned by the region in whole or in part. The Regional Head as the personification of the Regional Government is the shareholder in the Regional Owned Enterprise. All authorities possessed by regional heads are limited in the scope of authority as shareholders.]]>
