SOL JUSTICIA
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
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<![CDATA[MONEY POLITIK PADA KEPEMILUAN DI INDONESIA ]]>
<![CDATA[M Eza Helyatha Begouvic]]>;
<![CDATA[Bayu Cuan]]>
<![CDATA[ SOL JUSTICIA Vol 4 No 2 (2021): SOL JUSTICIA ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Kader Bangsa ]]>
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DOI: 10.54816/sj.v4i2.451
<![CDATA[Abstract: Money politics is the biggest scourge in every political recruitment, including in regional head elections (pilkada). Through the elections, it is hoped that qualified regional leaders will be elected in accordance with the will of the people, but in its implementation, one of the "democracy parties" is exhibiting fraudulent behavior, dishonesty, lies in the campaign and even fooling the public by giving money or goods before the election so that voters choose certain candidates known as money politics (money politics). The approach in this research is the Juridical Empirical approach. This research will be conducted in Palembang City, South Sumatra Province, which is the object and main focus of researchers in viewing and analyzing Money Politics in Elections in Indonesia. Keywords : Money Politic, Election , and Law Enforcement.]]>
<![CDATA[POLITIK HUKUM PEMERINTAH TERHADAP KEBIJAKAN REMISI ]]>
<![CDATA[Supriyedi Syamsuri]]>
<![CDATA[ SOL JUSTICIA Vol 4 No 2 (2021): SOL JUSTICIA ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Kader Bangsa ]]>
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DOI: 10.54816/sj.v4i2.452
<![CDATA[Abstract: Law refers to a rule of life that is in accordance with the ideals of living together and the rules of justice. The content of the rule of law should be fair. Without justice, the law is only formalized violence. Law is felt to be important when dealing with injustice. People sue the actual Court to demand justice. Law is basically a whole of the rules and all the principles that regulate the social life in society and aims to maintain order, and includes various institutions and processes for the application of the rules as a reality in society. The approach in this research is the library research approach. This research will be conducted at the Regional Library of South Sumatra and Universities in the South Sumatra Region which is the object and main focus of researchers in viewing and analyzing the Government's Legal Politics on Remission Policy. Keywords : Politics of Law, Policy, and Remission.]]>
<![CDATA[STATUS HUKUM PEGAWAI PERUSAHAAN DAERAH DALAM POLA HUBUNGAN KERJA PEMERINTAH DAERAH DENGAN BUMD ]]>
<![CDATA[Rizki Ramadhani]]>;
<![CDATA[Rizki Maharani]]>
<![CDATA[ SOL JUSTICIA Vol 4 No 2 (2021): SOL JUSTICIA ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Kader Bangsa ]]>
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DOI: 10.54816/sj.v4i2.454
<![CDATA[This study discusses regional employees who have different legal positions and statuses from one another. The purpose of this study was to find out the legal status of regional company employees in the working relationship of the regional government and Regional Owned Enterprises (BUMD). The research method used is normative juridical which focuses on the application of regulations regarding BUMD and local governments in determining the legal status of employees. A regional company greatly determines the implementation of regional companies through determining the legal status in the form of PKWT and PKWTT based on the laws and regulations governing the legal status of employees in regional companies. The position and legal status of each regional employee will determine the rights and obligations that will be received by regional company employees.]]>
<![CDATA[PENYELENGGARAAN SISTEM JAMINAN SOSIAL NASIONAL OLEH BADAN PENYELENGGARA JAMINAN SOSIAL ]]>
<![CDATA[Muhammad Ikhsan]]>;
<![CDATA[Hilda Muliana]]>;
<![CDATA[Sabda Wahab]]>
<![CDATA[ SOL JUSTICIA Vol 4 No 2 (2021): SOL JUSTICIA ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Kader Bangsa ]]>
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DOI: 10.54816/sj.v4i2.457
<![CDATA[The National Social Security System is basically a state program that aims to provide protection for basic needs and social welfare for all Indonesian people in order to fulfill their basic needs for a decent life. social security to the community. BPJS is a public legal entity that administers social security and is directly responsible to the president. This means that the position of BPJS is directly under the president so that BPJS cannot be included in state-owned enterprises whose position is under the minister of SOEs or under ministries such as the ministry of health or the ministry of manpower even though BPJS is in direct contact with the two ministries. The enactment of Law Number 11 of 2020 concerning Job Creation, inserts an article related to the social security system organized by BPJS regarding the job guarantee program. BPJS in administering social security, both BPJS Health which provides health insurance and BPJS Employment which carries out employment guarantees based on social insurance. In relation to this principle, all Indonesian citizens and foreign nationals who have lived for at least 6 months in Indonesia are required to participate in this social security. The social security program organized by BPJS is a constitutional mandate, where the government is obliged to develop social security so that all Indonesian people can be guaranteed their health and socio-economic welfare.]]>
<![CDATA[PELAKSANAAN FUNGSI SOSIAL RUMAH SAKIT DALAM MENYEDIAKAN SARANA PELAYANAN BAGI MASYARAKAT MISKIN BERDASARKAN PERATURAN MENTERI KESEHATAN NOMOR 4 TAHUN 2018 TENTANG KEWAJIBAN RUMAH SAKIT DAN KEWAJIBAN PASIEN (STUDI KASUS DI RSU SUAKA INSAN BANJARMASIN) ]]>
<![CDATA[Maria Thersia]]>;
<![CDATA[Sabda Wahab]]>;
<![CDATA[Irman Idrus]]>;
<![CDATA[Ria Wulandari]]>
<![CDATA[ SOL JUSTICIA Vol 4 No 2 (2021): SOL JUSTICIA ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Kader Bangsa ]]>
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DOI: 10.54816/sj.v4i2.458
<![CDATA[Hospitals as one of the service facilities in the health sector have the obligation to carry out social functions for the poor as regulated in Law Number 44 of 2009 concerning Hospitals and their implementation through Regulation of the Minister of Health Number 4 of 2018 concerning Hospital Obligations and Patient Obligations. Hospitals do not only serve people who are able or rich, but hospitals are obliged to provide health service facilities intended for the poor through the provision of health services for underprivileged patients, emergency services without a down payment, free ambulances, services for victims of natural disasters and external events. ordinary, and social service for humanitarian missions. This study uses a sociological juridical method with analytical descriptive. The type of data used is the type of primary data and secondary data. Methods of data collection is done by literature study and field study. Field studies were conducted by interviewing respondents and resource persons. Analysis of the data used is a qualitative analysis. The result of the research is that although it does not partner with the Health Insurance Administration Agency (BPJS), the implementation of social functions in providing health service facilities for the poor is still carried out by the Banjarmasin Insan Asylum General Hospital. The social function is carried out through the provision of service facilities by providing class III treatment rooms with 32 beds out of 167 available beds for poor patients. Patients who are treated in class III get a charity discount of 50%-100%. An additional 25%-50% discount for laboratory examinations, emergency services without a down payment, providing free ambulances for underprivileged patients, carrying out social services and health promotion in remote areas of South Kalimantan according to the ability of the Hospital. However, the implementation of the Hospital's social functions has been hampered due to space and financial constraints, the decrease in the number of patients as a result of the Hospital's non-partnership with the Social Security Administering Body (BPJS), patients do not pay or pay for treatment costs, so that the implementation of the Hospital's social functions becomes difficult. not optimal.]]>
<![CDATA[PERTANGGUNGJAWABAN HUKUM PIDANA RUMAH SAKIT SEBAGAI KORPORASI PELAYANAN KESEHATAN ]]>
<![CDATA[Febi Irianto]]>
<![CDATA[ SOL JUSTICIA Vol 4 No 2 (2021): SOL JUSTICIA ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Kader Bangsa ]]>
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DOI: 10.54816/sj.v4i2.459
<![CDATA[This study discusses the Criminal Legal Liability of Hospitals as Health Service Corporations. The purpose of this study was to find out how the hospital's criminal liability is to patients as consumers of health services. The research method used is normative (doctrinal legal research). Juridically doctrinally, the hospital is responsible for the negligence of health workers with the doctrine of respondent superior, and the hospital is responsible for the quality of care (duty to care); and theoretically juridical, the hospital as a corporation, the principles of vicarious liability, hospital liability, and corporate liability apply, so that the hospital can be held accountable for mistakes made by health workers who work in a subordinate position (employee). Hospitals as legal entities, are responsible for medical actions taken by their doctors, namely ethical and legal responsibilities. Ethical responsibilities generally include professional disciplinary responsibilities, while legal responsibilities include criminal, civil, and administrative legal responsibilities.]]>
<![CDATA[IMPLIKASI PERNIKAHAN USIA DINI TERHADAP KELANGSUNGAN KEHIDUPAN RUMAH TANGGA DI KABUPATEN OGAN KOMERING ILIR (PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM) ]]>
<![CDATA[Rian Purnama Suci]]>
<![CDATA[ SOL JUSTICIA Vol 4 No 2 (2021): SOL JUSTICIA ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Kader Bangsa ]]>
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DOI: 10.54816/sj.v4i2.460
<![CDATA[Provisions regarding the minimum age limit for carrying out marriage are contained in Article 7 paragraph (1) of Law Number 1 of 1974 as amended by Law of the Republic of Indonesia Number 16 of 2019 which states that "Marriage is only permitted if the man and woman have reach the age of 19 years. On the other hand, Islamic law does not specify a certain age limit for people to carry out marriages. Law Number 1 of 1974 still provides for the possibility of deviating from the age requirement for marriage. This is regulated in Article 7 paragraph (2) of Law Number 1 of 1974 as amended by Law of the Republic of Indonesia Number 16 of 2019, namely with a dispensation from the Court for those who have not reached the minimum age limit. the effect of early marriage on the divorce rate and the efforts that can be made to minimize early marriage. This research is a normative research. The legal materials studied include primary materials consisting of statutory regulations, and secondary legal materials sourced from legal books (text books), legal journals, papers or views of legal experts contained in the mass media, dictionaries and encyclopedias. , and the internet. The results of this study indicate that early marriage has relevance to the high rate of divorce (lawful divorce and talak divorce). Child marriage has an impact on the household life of each couple. Among other things, the emergence of marital disputes caused by various factors, lack of maturity in thinking and the ability to determine attitudes and actions in dealing with any problems that arise so that not a few end up in separation and divorce.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP ASISTEN RUMAH TANGGA DITINJAU DARI UNDANG-UNDANG CIPTA KERJA ]]>
<![CDATA[Nirmalah Nirmalah]]>
<![CDATA[ SOL JUSTICIA Vol 4 No 2 (2021): SOL JUSTICIA ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Kader Bangsa ]]>
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DOI: 10.54816/sj.v4i2.461
<![CDATA[So far, domestic workers do not have a legal umbrella to fight for the rights of decent workers. “In Indonesian culture, domestic workers are rarely called workers, but only helpers. This happens because there are many assumptions that domestic workers are in the informal sector, so they are reluctant to formally ask for the relationship between domestic workers and their employers. This situation results in an interpretation of whether domestic workers are included in the regulations regarding the rights of domestic workers. The problem in this research is what are the rights of domestic assistant workers under the job creation law and what are the forms of legal protection for domestic assistant workers in the job creation law. In this study using normative legal research methods with a normative juridical approach. The data collection in this study was carried out by means of library research on the relevant laws and regulations and analyzing the data qualitatively. From the results of this research, it can be concluded that the rights owned by workers and domestic workers above indicate a substantial difference in terms of legal protection. Specifically, the difference in legal protection lies in; protection of wages, protection of social security, protection of work safety, protection of occupational health, and protection against termination of employment. legal protection for domestic workers, both in the wage system, work safety, occupational health and social security programs for workers. Protection of Domestic Workers as regulated in the Regulation of the Minister of Manpower Number 2 of 2015]]>
<![CDATA[DISKRESI PENYIDIK POLRI TERHADAP TINDAK PIDANA YANG DI SELESAIKAN DILUAR PENGADILAN ]]>
<![CDATA[rudin suprianto]]>
<![CDATA[ SOL JUSTICIA Vol 4 No 2 (2021): SOL JUSTICIA ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Kader Bangsa ]]>
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DOI: 10.54816/sj.v4i2.462
<![CDATA[In certain situations, a police officer must be able to make the right decision or better known as discretion. The quick and precise decision is of course based on a consideration and is accompanied by accountability. The implementation is also relatively more from the subjective opinion of the police officer, however, the background of its use must of course be of a larger and broader interest. Investigators in carrying out investigative activities have discretionary authority which is protected by law, to avoid imprisonment. To find a solution to the settlement of cases of children as perpetrators of criminal acts, especially theft in the family by using Police Discretion, Restorative Justice and Diversion, so that they can be resolved without a judicial process and the sanctions applied do not absolutely have to be in the form of imprisonment. In this study to examine the implementation and effectiveness of Police Discretion in solving the problem of criminal acts outside the Court, especially theft by children in the family and how the legal arrangements regarding criminal acts outside the Court, especially theft by children in the family. This research is a normative research. The legal materials studied include primary materials consisting of statutory regulations, and secondary legal materials sourced from legal books (text books), legal journals, papers or views of legal experts contained in the mass media, dictionaries and encyclopedias, and Internet. The results of this study indicate that this authority is needed by the National Police to resolve cases that are light in nature, simple and the economic loss is relatively small. Although there is already a Supreme Court regulation Number 2 of 2012 concerning Adjusting the Limits of Minor Crimes and the Amount of Fines in the Criminal Code, minor theft crimes cannot necessarily be resolved by Restorative Justice, because Perma Number 2 of 2012 only regulates the adjustment of the limits on the value of losses and compensation. Minor criminal offenses and the Perma are only applicable internally to the Supreme Court of the Republic of Indonesia.]]>
<![CDATA[OPTIMALISASI FUNGSI SATUAN INTELIJEN KEAMANAN DALAM PENYELIDIKAN TINDAK PIDANA NARKOTIKA YANG DILAKUKAN OLEH ANGGOTA POLRI ]]>
<![CDATA[Desra Handika]]>
<![CDATA[ SOL JUSTICIA Vol 4 No 2 (2021): SOL JUSTICIA ]]>
Publisher : <![CDATA[Program Studi Magister Ilmu Hukum Universitas Kader Bangsa ]]>
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DOI: 10.54816/sj.v4i2.463
<![CDATA[There are several members or personnel who abuse narcotics. This is evidenced by the large number of information reports reported by the Intelligence and Security Unit (Sat Intelkam) of the Pagar Alam Police. Investigations carried out by the Intelligence and Security unit (Sat Intelkam) of the Pagar Alam Police often encounter various obstacles, this is mainly because the perpetrators are also members of the police themselves. The existence of a sense of loyalty among fellow members is one of the obstacles in the investigation process. The problem in this research is how to optimize the function of intelligence in the investigation of narcotics crimes by members of the Pagar Alam Resort Police and how the obstacles faced by police intelligence in investigating narcotics crimes are carried out. Member of the Pagar Alam Resort Police. In this study using empirical normative legal research methods with approaches to legislation (Statute Approach) and conceptual approach (conceptual approach). The data collection in this study was carried out by means of library research on the relevant laws and regulations and analyzing the data qualitatively. The results of this research concluded that the function of the National Police Intelligence in investigating members of the Police who commit narcotics crimes is to seek, explore, and collect data as complete as possible from various sources, both open and closed sources through activities that are also open or closed, then the data is processed into intelligence products, namely information that is ready to be used as the basis for making decisions or actions. These constraints are law enforcement factors that result in delays in law enforcement against narcotics crimes committed by the police. The Police must take action against their members who commit crimes, not to protect their members who are involved in narcotics crimes]]>
