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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 98 Documents
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TINJAUAN YURIDIS PENEGAKAN HUKUM UNTUK PERLINDUNGAN KONSUMEN DALAM UPAYA PENINGKATAN MUTU PRODUKSI Budi Waskito
SOL JUSTICIA Vol 2 No 2 (2019): Sol Justicia
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

Globalization as a result of the rapid progress in the field of transportation and communication turned out to cause greater dependence between nations, then also the emergence of increasingly sharp levels of competence. Increasing competition brings demands on product quality and higher levels of efficiency. The study discusses how the responsibility of business actors (producers) in consumer protection law is seen from the guarantee of production quality and how law enforcement of consumer protection in improving the quality of national production. The research method used is normative research so that the data used comes from literature, books, and other literature materials. The results of this study are the responsibilities of business actors in consumer protection to guarantee the quality of production are prohibitions to businesses in producing a product, fulfillment of consumer rights, the benefits of standardization of production quality and enforcement efforts in consumer protection not only in resolving consumer disputes to provide the rights and obligations of consumers in consumer dispute cases, but must start from the efforts of supervision and standardization of production quality. Keywords: Law Enforcement, Consumer Protection, Production Quality.
PELAKSANAAN HUKUM HAK ASASI MANUSIA TERHADAP PELAKU LESBIAN GAY BISEKSUAL TRANSGENDER (LGBT) DI INDONESIA Maulana Maulana
SOL JUSTICIA Vol 2 No 2 (2019): Sol Justicia
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

At present, human rights as particularism are replaced by universal human rights because "in the concept of modern human rights, the influence of liberalism can be seen in passive civil rights, namely individual freedom from State interference. This study discusses how the application of the law of rights human rights as a means of social control over transgender gay lesbians (LGBT) in Indonesia and how the treatment and views of the community towards bisexual transsexual gay men (LGBT) in Indonesia The method used in this study is a normative research method in which the material used is in the form of literature , books on law, legal dictionaries, and other literary materials.The result of this research is that human rights in Indonesia apply universally to all citizens, regardless of social and economic status and gender.Today, LGBT cases in Indonesia are opposed LGBT people get treatment who deserve even some of their rights must be confiscated. In addition, there are also various forms of discrimination that make LGBT people experience difficulties in living their lives. When viewed from the perspective of human rights as relative-particularistic, it is clear that Indonesia strictly forbids LGBT because it is not in accordance with Pancasila and is contrary to Indonesian cultural values. However, in the context of Human Rights Law, LGBT people must obtain the same rights as other citizens. Human Rights Law in Indonesia protects all citizens' rights, without exception, especially their civil rights. Keywords: Human Rights, Implementation, Transgender.
PELAKSANAAN PUTUSAN (EKSEKUSI) PERKARA PERSELISIHAN HUBUNGAN INDUSTRIAL TERHADAP BADAN USAHA COMMANDITAIRE VENNOOTSCHAP (STUDI PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 828K/Pdt.Sus-PHI/2016) Hariyanto, Arif Wishnu Wardhana
SOL JUSTICIA Vol 2 No 2 (2019): Sol Justicia
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

Industrial Relations Court is a special court that has the authority to examine and decide on industrial relations disputes, the execution of decisions of the Industrial Relations Court is not an easy matter because many factors that inhibit include the absence of goods or assets that can be submitted for execution, especially if the Respondent is an entity in the form of a Vennotschap (CV) Commanditaire. The formulation of the problem in this study is 1) How is the execution of the case of an industrial relations dispute on the business entity Commanditaire Vennotschap (CV) as the execution of the decision of the Supreme Court of the Republic of Indonesia Number 828K / Pdt.Sus-PHI / 2016 ?; and 2) What are the obstacles that occur in the execution of cases of industrial relations disputes against the business entity of the Commanditaire Vennotschap (CV) ?. The research method used is normative juridical legal research. The data sources used in this study consist of primary data and secondary data. Based on the results of the study show that: 1) The implementation of the decision on the case of an industrial relations dispute against the business entity Commanditaire Vennotschap (CV) as the execution of the decision of the Supreme Court of the Republic of Indonesia Number 828K / Pdt.Sus-PHI / 2016 cannot be carried out until this applicant does not find goods / assets belonging to the Defendant or the respondent of the execution, namely the Trisakti CV; and 2) Constraints that occur in the implementation of decisions on cases of industrial relations disputes against the business entity of the Vennotschap Commanditaire (CV), namely a) Juridical barriers covering 1) There is resistance from third parties (Derden Verzet); 2) There is resistance from the defendant's execution party; 3) There is a request for a review; and b) Non-juridical obstacles include 1) Absence of goods or assets that can be submitted for execution; 2) There is physical resistance from the defendant's execution; 3) The presence of third party hands; 4) Less than optimal role of the Court; and 5) No withdrawal of complementary allies or allies of management as Defendant. Keywords: Verdict, execution, industrial relations dispute.
KEDUDUKAN PENGADILAN ADAT DALAM RANGKA MENYELESAIKAN SENGKETA TANAH Jushendri Jushendri
SOL JUSTICIA Vol 2 No 2 (2019): Sol Justicia
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

The land is very important for human life, this can be seen from the many land disputes that have long been a social reality in every society even though they have different forms and identities. This study uses a normative juridical approach to data analysis using an interactive model. The results showed that disputes that occur in the community vary between overlapping, Quality of Human Resources of the Apparatus Implementing the Regulation of Agrarian Resources, Settlement of disputes in the community can be broadly classified into two kinds of ways, namely through the courts (litigation) and in outside the court (non litigation). Settlement of disputes outside the court that is often carried out by the community includes involving two or more interested parties (negotiations), a dispute resolution process in which the disputing parties utilize the assistance of an independent third party as a mediator (mediator) and involve more than two parties whose task is to assist parties who litigate by finding a way out together (facilitation).
PROSES PENYELESAIAN PERKARA PEMBATALAN PERKAWINAN KARENA TIDAK ADANYA IZIN POLIGAMI Susanto Susanto
SOL JUSTICIA Vol 2 No 2 (2019): Sol Justicia
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

This study aims to find out how the process of settling marital cancellations is due to the absence of a polygamy permit and what are the judges' considerations in the marriage cancellation case. This research is a normative legal research that is prescriptive and technical or applied. The research approach uses the law approach and case approach. The type of research data is secondary data with primary and secondary legal materials. Data collection techniques such as literature study and data analysis techniques used are deductive. The results of this study explain that the Compilation of Islamic Law also regulates everything related to marriage, in the case of the cancellation of this marriage the legal basis is article 71 (a), (e), and (f) Compilation of Islamic Law in which these laws and regulations have been emphasize it, so that this marriage can be null and void by law and the cancellation of the marriage of the parents does not apply retroactively to the child they are born with. That means, even though the child is the result of an unmarried marriage, the child is still referred to as a legitimate child, while the only thing that is nullified is the marriage bond. children can be considered as legitimate children or not if viewed in terms of gestational age until delivery, whether it has reached 180 days / 6 months.
TINJAUAN YURIDIS PENOLAKAN PERMOHONAN KASASI DALAM PERKARA KEPAILITAN Muhammad Kurniawan
SOL JUSTICIA Vol 2 No 2 (2019): Sol Justicia
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

This study aims to determine the Application of Cassation Appeals in Bankruptcy cases and To determine the Legal Effects of Cassation which were rejected in Bankruptcy cases. This research is a normative legal research that is descriptive and technical or applied. The research approach uses the law approach and case approach. The type of research data is secondary data with primary and secondary legal materials. Data collection techniques such as literature study and data analysis techniques used are deductive. The results of this study explain that the application of the law of the Supreme Court Judge in rejecting the Petition for Cassation in a special civil case Bankruptcy is not appropriate because the Debtor fails to fulfill the contents of the agreement as stipulated in Article 170 paragraph (1) of Law Number 37 of 2004, and the legal consequences of rejection petition for cassation in the case of special bankruptcy civil case, then the petition for cassation submitted by the Cassation Appellant is submitted to the curator as stipulated in Article 69 paragraph (1) of Law Number 37 of 2004 under the supervision of a supervising judge.
PERAN DAN KEDUDUKAN CAMAT DALAM PENYELENGGARAAN PEMERINTAHAN DAERAH MENURUT UNDANG- UNDANG NOMOR 23 TAHUN 2004 TENTANG PEMERINTAHAN DAERAH Azwan Azwan
SOL JUSTICIA Vol 2 No 2 (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 sub-district heads in the administration of regional government according to law number 23 of 2014, The next problem is, how the role and position of sub-district heads in the administration of regional government according to law number 23 of 2014 and what factors influence leadership camat in carrying out its functions, duties, and authorities according to law number 23 of 2014. This research is a normative legal research that is prescriptive and technical or applied in nature. The research approach uses the law approach and case approach. The type of research data is secondary data with primary and secondary legal materials. Data collection techniques such as literature study and data analysis techniques used are deductive. The results of this study explain that the Role and Position of the Camat in the administration of regional government according to Law Number 23 of 2014 is that the Sub-district is no longer a unit of governmental authority, but rather as a unit of work or service area. The status of the sub-district is now a district / city regional apparatus equivalent to regional offices and technical institutions and even kelurahans. The Camat accepts the delegation as the authority of the Regent / Mayor to handle it as a matter of regional autonomy (delegative authority), the Camat also carries out general governmental duties in accordance with Law No. 23 of 2014. (Attributive authority). Districts are formed as implementing the principle of decentralization.
IMPLEMENTASI PERAN PUSAT PELAPORAN TERHADAP TRANSAKSI KEUANGAN (PPATK) DITINJAU DALAM UNDANG- UNDANG TINDAK PIDANA PENCUCIAN UANG Dewantara Jaya
SOL JUSTICIA Vol 2 No 2 (2019): Sol Justicia
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

This study aims to determine how the PPATK's Role in preventing and combating Money Laundering Crimes and What are the Impacts of Money Laundering. This research is a normative legal research that is prescriptive and technical or applied. The research approach uses the law approach and case approach. The type of research data is secondary data with primary and secondary legal materials. Data collection techniques such as literature study and data analysis techniques used are deductive. The results of this study explain that the duties and authority of the Financial Transaction Reports and Analysis Center (PPATK), there are two (2) main tasks that stand out in relation to the prevention and eradication of money laundering, namely: detecting the occurrence of money laundering by looking at the report conducted by Reporting Parties, namely Providers of Financial Services (banks) concerning Suspicious Financial Transactions (TKM); and assist law enforcement relating to money laundering and the criminal offenses that give birth (predicate crimes), and that the impact of money laundering is very detrimental to the community, because money laundering activities enable drug traffickers and traffickers, smugglers and other criminals can expand its activities; money laundering will undermine the financial community because such a large amount of illicit money is involved and circulating and opportunities for corruption are wide open; also money laundering reduces government revenue from the tax sector.
PENEGAKAN HUKUM TERHADAP ILLEGAL LOGGING DI INDONESIA DITINJAU DARI PERSPEKTIF HUKUM PIDANA Yeyen Andrizal
SOL JUSTICIA Vol 2 No 2 (2019): Sol Justicia
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

As we all know that in the current era of development, each country is demanded to be able to increase development in order to catch up or equal the countries that are considered established in order to sustain international stability. The development is specifically directed towards realizing just and prosperous community welfare in each country, including Indonesia, with regard to all aspects including the environmental aspects, as explained in article 33 paragraph 3 of the 1945 Constitution as a constitutional foundation, namely: "... The earth, water and natural resources contained therein are controlled by the State and used for the greatest prosperity of the people ..." This important environmental aspect is based on the preservation and protection of natural resources as a common right to be enjoyed and must be safeguarded in order to continue to provide benefits in their daily lives. Apart from that, the forestry sector as one part of the environment, is a gift from God Almighty and is one of the natural resources that is very important for humans. The research method carried out is a normative research method so that the literature used comes from literature, books and legal dictionaries. The results of this study are criminal law enforcement against illegal logging, regulated in criminal provisions in Article 50 and criminal penalties in Article 78 of Law Number 41 of 1999 concerning Forestry, but regarding the provisions of the procedural law concerning proof in criminal acts Illegal Logging at trial is based on the Criminal Procedure Code (KUHAP) Chapter XVI articles 183 and 184
PERLINDUNGAN HUKUM BAGI PARA PIHAK DALAM JUAL BELI TANAH DENGAN AKTA DI BAWAH TANGAN Joko Sadewo
SOL JUSTICIA Vol 2 No 2 (2019): Sol Justicia
Publisher : Program Studi Magister Ilmu Hukum Universitas Kader Bangsa

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Abstract

This study aims to determine how the legal protection for the parties in the sale and purchase of land with a deed under the hand, and what are the factors that cause people to buy and sell land with a deed under the hand. This research is a normative legal research that is prescriptive and technical or applied. The research approach uses the law approach and case approach. The type of research data is secondary data with primary and secondary legal materials. Data collection techniques such as literature study and data analysis techniques used are deductive. The results of this study explain that the legal protection of the parties in buying and selling with a deed under the hand, namely both parties, especially the seller acknowledges the existence of the sale and purchase agreement that is carried out, in this case the most important thing to admit is the seller. If both parties acknowledge that the agreement under the hand that has been done is considered perfect and the legal force of the deed under the hand will be the same as the authentic deed, If one of the parties denies that there has never been a sale and purchase then go back to the applicable Government Regulation as long as there is no other evidence to prove. And the factors that cause people to buy and sell with a deed under the hand of the community lacking understanding or even ignorance of the perpetrators of the transaction both the seller and the buyer of land regarding the provisions of applicable law.

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