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Program Pascasarjana Magister Ilmu Hukum, Universitas Kader Bangsa Jl. H.M. Ryacudu No. 88 , 7 Ulu, Seberang Ulu I Palembang Telp (0711) 517744- 510173 Fax (0711) 519827
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INDONESIA
SOL JUSTICIA
Published by Universitas Kader Bangsa
ISSN : 26557622     EISSN : 26557614     DOI : https://doi.org/10.54816/sj.v5i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Sol Justicia Magister Ilmu Hukum Universitas Kader Bangsa merupakan kumpulan karya tulis ilmiah yang diharapkan mampu mewujudkan Tri Dharma Perguruan Tinggi, khusunya di bidang penelitian dan pengabdian kepada masyarakat. Jurnal ini juga menerima tulisan dari praktisi maupun akademisi, sehingga bisa diterima di setiap kalangan. Penerbitan jurnal ilmiah berkala ini terbit setiap dua kali dalam setahun periode Juni dan Desember. Ruang lingkup dan fokus kajian dari jurnal ini adalah sebagai berikut: Hukum Perdata Hukum Pidana Hukum Acara Perdata Hukum Acara Pidana Hukum Konstitusi Hukum Internasional Hukum Administrasi Negara Hukum Adat Hukum Islam Hukum Agraria Hukum Lingkungan Hukum Kesehatan Hukum Keimigrasian Hukum Kelautan
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol 2 No 1 (2019): SOL JUSTICIA" : 10 Documents clear
PENYIDIKAN PERKARA TINDAK PIDANA PENGOPLOSAN BERAS BULOG DI KABUPATEN LAHAT OLEH DIREKTORAT RESERSE KRIMINAL KHUSUS POLDA SUMATERA SELATAN Arief Wisnu Wardhana , Irwanto
SOL JUSTICIA Vol 2 No 1 (2019): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

The investigation conducted by the Special Crime Directorate, South Sumatra Regional Police conducted on Tuesday July 18, 2017, related to the reproses of rice is not good quality and contrary to Article 1 paragraph 4 of Law No. 18 of 2012 which basically rice must be good quality. Good quality in terms of decreased quality of rice (yellow, dusty, dull, lice, smelly). The objective of this research is to know the investigation of Bulog Rice. This study uses normative research research methods, namely legal research that focuses on the analysis of legislation. The results of the investigation of the Criminal Investigation of the Coppers occurred on Subdivre Lahat has fulfilled the requirements as required in Article 184 paragraph (1) of the Criminal Procedure, both the requirements of witness testimony and expert information on the quality down rice have met the requirements. so the investigation does not find evidence of criminal incidents as prescribed in Article 62 paragraph (1) in conjunction with Article 8 paragraph (1) a, (2) and (3) of Law no. It is not proven because the reprocessing rice has not been distributed, therefore the investigator issues the SP3 on the grounds that there is insufficient evidence. The investigator's of rice quality drops is basically absent, but there is a mistake in the focus of the investigation of the criminal incident according to Article 62 paragraph (1) jo Article 8 paragraph (1) a, (2) and (3) of Law no. 8 Year 1999.
IMPLEMENTASI HAK ASASI MANUSIA DALAM HUKUM POSITIF DENGAN KONSEP CONSTITUTIONAL IMPORTANCE Enny Agustina
SOL JUSTICIA Vol 2 No 1 (2019): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

Based on historical facts, Human Rights arise because of the oppression of humans by tyrannical rulers, giving rise to awareness regarding human dignity. Although the definition of human rights was only formulated explicitly in the 18th century, the origin of the opinion in terms of law and its basic principles had already existed far back in history. The meaning of freedom in the perspective of Universal Human Rights can be seen in the Preamble of the Universal Declaration of Human Rights in 1948 which states that: in harmony with the values ​​of freedom in the perspective of human rights (HAM). The doctrine of human rights is now universally accepted as a moral, political, and legal framework and as a guideline in building a more peaceful world and free from fear and oppression and unfair treatment. Therefore, in understanding the rule of law, guaranteeing the protection of human rights is considered as an absolute feature in every country that can be called rechtsstat. In fact, in subsequent developments, human rights guarantees are also required to be explicitly stated in the constitution or written constitution of constitutional democracy, and are considered as the most important material that must be contained in the constitution, in addition to other provisions material , such as regarding the institutional format and division of state power and the mechanism of relations between state institutions.
KEBIJAKAN HUKUM PIDANA DALAM UPAYA PENANGGULANGAN TINDAK PIDANA MELALUI PENYELESAIAN DI LUAR PROSES Jati Kusuma
SOL JUSTICIA Vol 2 No 1 (2019): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

The development of criminal law is seen as an act of damaging or harming the interests of others and is followed by retaliation. Retaliation is generally not only an obligation of someone who is harmed or affected by action, but extends to the obligation of all families, families and even some things become obligations of the community. The logical consequence of the developmental dimensions of criminal law as the context above, there is a private nature of criminal law. Over time, on the one hand the changes and dynamics of the community are very complex and the legal community is relatively more advanced, the criminal law then leads, born, grows and develops to become part of public law as it is known today. On the other hand, the regulation on the making of legislation as a partial legislation turns out that the public nature of criminal law is shifting because it also enters the private sphere as it is known and practiced as a form of "non-process settlement", although many normative frameworks are questioned but in reality there is also the practice of settling criminal cases outside the criminal justice system. Gradually, criminal law as part of public law aims to protect the interests of the people and the state by making a balanced and harmonious balance between crime on the one hand from the actions of the authorities acting arbitrarily on the other
PEMISKINAN KORUPSI SEBAGAI SALAH SATU HUKUMAN ALTERNATIF DALAM TINDAK PIDANA KORUPSI Ahmad Yani
SOL JUSTICIA Vol 2 No 1 (2019): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

This study aims to determine the concept of thought and the basis of corrupt criminal law is bad. In addition, it also aims to find out the implementation of the Criminal Code against bad corruption in Indonesia. The research method used in this study is normative legal research. This is research that focuses on positive legal norms which are legal codes with data sources derived from primary and secondary legal materials. Data analysis was carried out on primary and secondary legal materials and compared the two. Based on the results of the study, it was revealed that the bad corruptors as a legal idea can provide great lessons for actors and others. Bad corruptors can oppose acts of corruption that are greatly increasing. The concept of bad corruptors can be done by taking over assets that are the takeover of all goods as a result of acts of corruption and / or by paying compensation for losses due to corruption. In its implementation, corrupt corruption that is bad in Indonesia has not been carried out explicitly. Law enforcers in eradicating corruptors have not executed bad corruptors as a legal action.
POLITIK HUKUM KEIMIGRASIAN INDONESIA: STUDI PENDEKATAN SEJARAH DAN KONTEMPORER M Alvi Syahrin
SOL JUSTICIA Vol 2 No 1 (2019): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

Paradigms or perspectives on immigration issues are not limited to population movements between countries which are only seen from the element of movement but also include all aspects that accompany them both regionally and globally. A holistic understanding of the immigration paradigm and its changes causes the arrangement of immigration law to be carried out in a direct manner which is a political elaboration of national immigration law and becomes more appropriate. The political development of immigration law in Indonesia is divided into two parts, namely (1) Politics of the National Immigration Law which consists of: Legal Politics in the Field of Immigration during the Dutch East Indies (1913-1949), Legal Politics in Immigration in 1950-1992, Politics Law on Immigration in 1992-2011, Legal Policy in Immigration in 2011 - Now. With the issuance of Law No. 6 of 2011 concerning Immigration which was promulgated on May 5, 2011, then based on Chapter XV Article 142, Law No. 9 of 1992 concerning Immigration and its related provisions are declared null and void. When compared, the material of Law No. 6 of 2011 concerning Immigration, basically does not substantially change the politics of immigration law in principle which is contained in the previous immigration law. (2) Politics of International Immigration Law. The development of legal politics in the field of immigration globally has undergone many changes, which if we look at the post-World War II period, in order to accommodate and accommodate the problems that arise as a result of large-scale exodus (exodus), especially the state- countries directly involved in World War II. Problems faced globally at that time both concerning the country of origin, transit country and destination country have different problems that can be categorized in several ways, such as poverty, income level per capita, quality of education, age, culture, race, religion, and several other problems.
IMPLEMENTAS SANKSI PIDANA DENDA SEBAGAI ALTERNATIF PIDANA PENJARA DALAM TINDAK PIDANA PENGANIAYAAN RINGAN Daimon .
SOL JUSTICIA Vol 2 No 1 (2019): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

Article misdemeanour assault, namely article 352 paragraph (1) of the criminal code states that misdemeanor assault shall be punished by a maximum imprisonment of three months or a fine of up to IDR 4,500. However, in reality. Judges often only sentences the defendant with imprisonment sentence. Although the article provides a alternative punishment as it contains the word ‘’or’’. The purpose of ths study was to identify and explain the consideration of the judges in imposing imprisonment rather than fine penalty against the perpetrators of misdemeanour assault and to identify and explain the obstacles in the implementation of fine penalty against the convict.
PERTANGGUNGJAWABAN PIDANA PENYIDIK KPK YANG MELAKUKAN PELANGGARAN DALAM PENANGANAN KASUS TINDAK PIDANA KORUPSI Mohamad Jamil
SOL JUSTICIA Vol 2 No 1 (2019): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

The author discusses the criminal responsibility of KPK investigators who commit violations in handling cases of corruption. In this case the author takes the issue of when the actions of KPK investigators can be categorized as criminal acts in the event of irregularities in the process of examining criminal acts of corruption, as well as the form of criminal acts and legal liability related to criminal acts carried out by KPK investigators when examining corruption. The purpose of the author to raise the topic of this problem is to analyze when the actions of KPK investigators can be categorized as criminal acts in the event of a deviation in the process of examining criminal acts of corruption. The type of research conducted by this author is normative research, because the author will conduct research by analyzing the applicable laws regarding the form of criminal acts that can be carried out by KPK investigators in handling cases of corruption. The results of the research conducted by this author are that in the current positive law Indonesia has been regulated about forms of crime that can be made possible by KPK investigators in handling cases of corruption in the form of Law No. 31 of 1999 concerning the eradication of criminal acts of corruption has been revised into Law number 20 of 2001 and also regulated in the KPK Law, namely Law number 30 of 2002.
PERLINDUNGAN PEKERJA/ BURUH DALAM PERJANJIAN WAKTU TERTENTU (PKWT) SEJAK BERLAKUNYA UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Eddy R
SOL JUSTICIA Vol 2 No 1 (2019): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

Specific Time Work Agreement (PKWT) based on Law Number 13 of 2003 concerning Labor and Anything that Gets an Agreement in a Specific Time Work Agreement (PKWT) related to worker / labor assistance and its solution. This study is a normative legal research that is prescriptive and technical or applied. About research using laws and regulations. The type of research data is secondary data with primary legal material and secondary legal material. The technique of collecting data consists of literature studies and data analysis techniques used as deductive. The results of the research obtained by the author in this study are that protection of workers / laborers of a Specific Time Work Agreement (PKWT) in its implementation has not run optimally, bearing in mind that it is often hampered, because it is unclear regarding work agreements for certain time employment agreements ) related to the agreement of workers / laborers related to the regulations, besides that there are also those related to the making / or forms of a certain time employment agreement (PKWT).
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA NARKOTIKA Dahri Amarullah
SOL JUSTICIA Vol 2 No 1 (2019): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

At present various efforts have been made by the government and non-governmental organizations concerned with the dangers of narcotics. Very dangerous dangers can occur to drug users and the surrounding environment, as well as the nation and the country in general, in this case the government and the public and related parties try to campaign for the abuse of narcotics abuse, this aims to make many people aware of the impact of drug abuse. Cases of abuse of narcotics and illegal drugs that occur in the jurisdiction on a regional basis still include small-scale crimes. Cases that have been handled and processed by the police revolve around the circulation and abuse of narcotics and illegal drugs in a personal manner and have not been professionally organized as in large cities.
IMPLEMENTASI PENJATUHAN SANKSI ADMINISTRASI TERHADAP PELANGGARAN DISIPLIN PEGAWAI NEGERI SIPIL Chairul Nopriansyah
SOL JUSTICIA Vol 2 No 1 (2019): SOL JUSTICIA
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

The main problem of this research is the role and position of the sub-district in the implementation of regional government according to law number 23 of 2014. The problem is then, what is the role and position of the sub-district in implementing regional government according to law number 23 of 2014 and what factors influence leadership camat in implementing its functions, duties, and authority according to law number 23 of 2014. This research is normative legal research that is prescriptive and technical or applied. The research approach uses a legal approach and a case approach. The type of research data is secondary data with primary legal material and secondary legal material. Data collection techniques in the form of library studies and data analysis techniques used are deductive. The results of this study explain that the Role and Position of the Sub-District Head in the implementation of regional government according to Law Number 23 of 2014, namely the Sub-District is no longer a unit of governmental territory, but as a unit of work or service area. The status of the sub-district is now a district / city apparatus that is equivalent to the regional offices and technical institutions, even the kelurahan. The sub-district head accepts delegation as the authority of the Regent / Mayor to handle it as a matter of regional autonomy (delegative authority), the Camat also carries out the general duties of the government in accordance with Law Number 23 Year 2014 (Attributive authority). The sub-district was formed as the implementing principle of decentralization.

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