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Solusi

solusi
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Published by Universitas Palembang

ISSN : 02169835 EISSN : 2597680X DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

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.

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Articles 14 Documents

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Search results for , issue "Vol 16 No 3 (2018): SOLUSI" : 14 Documents clear

LANDASAN FILOSOFIS DAN ASAS-ASAS DALAM HUKUM PENANAMAN MODAL DI INDONESIA Hidayah, Ardiana
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Pancasila as the philosophical foundation of the Indonesian nation which contains noble ideals and guidelines in the life of the nation and state in running the economy in Indonesia. This also influences economic development through investment activities. Investment arrangements in Indonesia are regulated in Law Number 25 of 2007 concerning Investment, that investment is carried out on the basis of: legal certainty; openness; accountability; equal treatment and does not differentiate national origin; togetherness; fair efficiency; sustainable; environmentally sound; independence; balance of progress and unity of the national economy

PEMILIHAN UMUM SERENTAK DAPAT MEMPERKUAT SISTEM PRESIDENSIAL Barhamudin, Barhamudin
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

The purpose of this research is to find out whether general elections simultaneously have an influence on strengthening presidential systems. To find out the implications of simultaneous elections on elections in Indonesia. The research method in this study uses a normative juridical approach used to study or analyze secondary data in the form of legal materials, especially primary legal materials and secondary legal materials. Primary legal material is the 1945 Constitution of the Republic of Indonesia, Law Number 7 of 2017 concerning General Elections, Decision of the Constitutional Court Number 14 / PUU-XI / 2013 etc. Secondary legal materials are those that provide explanations and interpretations of sources of primary legal materials such as law books, legal journals, and others. Tertiary legal materials are legal materials that provide guidance or explanation of primary and secondary legal materials such as legal dictionaries, encyclopedias, and related documents. The results of the study were argued that the holding of elections simultaneously with the plurality system itself actually tended to produce few presidential candidates. When presidential elections the supporters of candidates in this system tend to ignore candidates who are not competitive (non-viable) so they can focus on the top two candidates. This encouraged a coalition process between parties from the start because there was only one election round. The party that should submit its own candidate but the candidate is less competitive tends to drop the candidate and endorse one of the two most competitive candidates. The plurality system, if implemented separately from the legislative elections, the parties in the legislative elections do not need to think about the influence of the presidential election. This plurality mechanism affects parties when carried out simultaneously with legislative elections. The parties tend to nominate one of the two most competitive candidates, and lead to gathering support for the legislative parties in the two candidates. When one of the candidates wins the presidential election, then support for the president in the legislature tends to be the majority or close to the majority. The combination of the presidential plurality election system carried out simultaneously with legislative elections is the most likely to help strengthen multi-party presidential systems. Thus the simultaneous implementation of elections will strengthen the presidential system in which the President and Vice-President are elected to gain strong legitimacy from the people, in order to realize the effectiveness of government and also the support base of the DPR.

PENYELESAIAN DEBITUR WANPRESTASI DALAM PERJANJIAN KREDIT JAMINAN FIDUSIA MENURUT UNDANG-UNDANG NO. 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA Asuan, Asuan
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Type of research in doctrinal law or better known as normative legal research which is also called normative juridical (legal research) concerning the legal issues at hand. The approach to the law (statue approach) is carried out by examining the laws and regulations. In writing with primary and secondary data obtained from library materials namely Law No. 42 of 1999 concerning Fiduciary Guarantees, Law No. 10 of 1998 concerning Banking, Government Regulations, Civil Code, KUH Trade and literature, lecture materials and other sources related to credit agreements with fiduciary guarantees and problems in particular. In granting credit with fiduciary guarantees through the stages of the procedure for credit application and the making of a fiduciary deed at the notary who is registered with the Office of Fiduciary Registration to provide legal certainty for creditors (banks). Credit settlement process if the debtor is malicious, the bank is based on a substitution power of attorney from the debtor made a notariil Fiduciary deed and registered with the Fiduciary Office, the debtor makes a sale under the hands, the sale of collateral is voluntary, the result is submitted to the bank to repay the loan, the bank can conduct the auction in general and through the Court.

EKSISTENSI KEKUASAAN KEHAKIMAN ( JUDICATIVE POWER) DALAM MEWUJUDKAN INDEPEDENSI PERADILAN DAN PERADILAN YANG BERSIH Fifiana, Eveline
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Every Indonesian citizen has the obligation to uphold the applicable law. Every implemented law has a demand for justice. Judicial power must exist in every democratic State of Law, tasked with upholding and overseeing the enactment of the applicable law and regulations (ius constitutum) in order to realize justice. Law without justice will be in vain, as a result, law will become invaluable before community. To answer the problems in this study, the researcher used a normative juridical approach, descriptive qualitative in nature. In this research, law enforcers, especially judges, must uphold the authority of the law and uphold the value of trust in society. The important prerequisites in upholding law and justice in the wolrd of justice is noble, clean, honest, professional, high integrity, high moral, and dignified judge. Supreme Court and Constitutional Court as judicial power holders, along with Judicial Commision in the scope of judiciary powers, not only have the authority to guide the judges but also have the authority to maintain the independency of judiciary powers from the influence of government and outside government parties by minimizing the subjectivity in recruitment process of prospective judges and supreme judges. The independency of judicial power is not enough, because law enforcers, especially “bad” judges can take refugee under the independency of judicial power. To build an “ideal” Judge or Supreme Judge who will fulfill the people needs of justice, the Judge or Supreme Judge recruitment process conducted by Judical Commission need to be strict while increasing the control over the implementation of power to minimize the arbitrary acts and abusive judge’s power. High commitment, consistency, adhering to the principles and code of ethics in carrying out their duties will lead to a clean, authoritative judiciary in the eyes of the society so that the hope of upholding independent judicial power will be realized while at the same time bring improvements to the Indonesian justice situation.

KOMPETENSI PENGADILAN NIAGA DALAM PENYELESAIAN SENGKETA BISNIS DI INDONESIA Siahaan, Hotman
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

In the Indonesian justice system found three (3) judicial institutions authorized to settle economic disputes, the District Court, Commercial Court and the Court of Religion. With the presence of the three courts that settle economics disputes, it can also be compared the advantages and disadvantages from each judiciary in the resolution of economic disputes.Assessment implemented through legislation approach as normative legal research which is equipped with study of the principles of law, systematic legal, comparative law, and history of law.This paper find that the settlement of economics disputes through the Commercial Court is superior compared to the other court. Unfortunately, business dispute settlemet authority for the Commercial Court is still limited to bankruptcy issues and delays payment of debt obligations as well as certain disputes in the field of intellectual property rights. Considering the excellence of the Commercial Court in the resolution of economic disputes, it is better to extend the authority of the Commercial Court, including in the areas of tort and breach of contract for other business disputes.

PEMERINTAHAN DAERAH DALAM SISTEM OTONOMI Johansyah, Johansyah
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Local government system has connection to regional autonomy, which has been applied in Indonesia. Then before, all systems are centralized administration, then after the implementation of regional autonomy expected the region could set its own regional government of live by optimizing the existing pontential of the region. Nevertheless, there are some things remain regulated by the central government as the country’s financial affairs, religion, foreign affairs, and others, Also, local government system actually is one form of government that is efficient and effective. Because in general, the central government may not take care of all the country’s problems are so complex. On the other hand, local governments as well as the training ground and the development of democracy in a counntry life.

PERLINDUNGAN HUKUM BAGI KARYAWAN YANG DITAHAN IJAZAHNYA OLEH PERUSAHAAN Junaidi, Junaidi
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

A work agreement is an agreement between a worker / laborer and an employer or employer that contains the work conditions, rights and obligations of the parties. The work agreement was made to obtain certainty regarding what was promised, both parties must respect each other. In the work agreement that must be considered is not violating the rule of law, each party must agree and may not be forced or forced, the contents of the work agreement must be clear, so that there is no misunderstanding in the future which results in default. An agreement in a company ideally protects the interests of all parties involved in the agreement because an agreement should be made based on the agreement between the two parties. The substance of the work agreement made may not conflict with the applicable labor regulations. Therefore work relations must contain the principle of justice, harmonization of the elements in industrial relations (employers, workers / laborers and the government).

BENTUK DAN TANGGUNGJAWAB PIHAK BANK TERHADAP DANA SIMPANAN PARA NASABAH Fitriah, Fitriah
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

A bank is a financial institution whose existence depends absolutely on the trust of its customers who entrust their savings funds. Banks are very concerned that the trust of the public, who have and who will save their funds, are well-maintained, considering that the bank is part of the financial system and payment system. Bank secrecy is very important because banks need the trust of the people who keep their money in the bank. The customer only entrusts his money to the bank or makes use of the bank's services if the bank provides a guarantee that the bank's knowledge of deposits and the state of their assets will not be misused. The legal relationship between the bank and the depository customer starts from the signing of a written agreement (contractual relationship) between the bank and the customer which contains the rights and obligations for each party. As for the form of agreement for depositing funds between the customer and the bank, it is called a deposit agreement (Article 1319 Civil Code). In a deposit agreement, the bank sets certain general requirements in a deposit account or savings account, among others, the recipient of the deposit (bank) can use the depositors' money and at a certain time the bank will provide interest. Other provisions that can be used as the basis of relations between banks and depositors are Proxy Giving. Depositors give their power to banks when signing deposit accounts or savings accounts or bank accounts. This agreement becomes a law or law for both parties (Article 1338 of the Civil Code). As a manifestation of the bank's responsibility for depositing customers, banks must pay attention to the 4 (four) pillars of the relationship between depositors and banks, namely: Prudence, Health, Bank Secrets and Trust

Implementasi Hak Asasi Manusia Sebagai Hak Konstitusional Warga Negara Pada Peraturan Daerah Mengenai Sistem Penyelengaraan Pendidikan Gratis 12 Tahun di Provinsi Sumatera Selatan Khususnya Kota Palembang Maidianti, Silfy
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

This research is motivated by the development of the city of Palembang local government also pay much attention to the aspect of the fulfillment of human rights education free of charge from elementary, junior high, and high school level. It is the fulfillment of socio-cultural rights of the community which has been regulated in the South Sumatera Provincial Regulation No. 16 of 2011 on the implementation of the 12-year free education program and how the implementation of the program's policies is running accordingly and on target. Of the issues to be discussed1. The role of DPRD of Palembang City in Formation and Supervision. Product Regulation Area Free Education Program 12 Years 2. Implementation of the implementation of free education program 12 Years in the field.This research employs the empirical normative method by analyzing, solving and explaining the existing problems by collecting data clarifying and interpreting. The data used are primary, secondary and tertiary data. The result of the research can be concluded that in forming a good regulation should be based on the principles of legislation. as well as the control side to what extent the DPRD has implemented effective oversight of the regional heads in implementing the established public policies. To carry out the oversight function, the DPRD in performing its duties is entitled to ask state officials, government officials or citizens to provide information on a matter that needs to be addressed in the interest of the state, nation of government and regional development. In Regional Regulation No. 3 of 2009 jo Perda 16 of 2011 on the implementation of PSG in South Sumatra, it is stipulated that program funds sourced from Provincial APBD are channeled directly to school accounts by provincial / municipal / private government. While funds sourced from APBD districts / cities distributed by the government district / city to each school / madrasah. This PSG fund is used for school operational costs The mechanism for accounting for the allocation of PSG funds in schools should be arranged in order to be balanced. This means that the money out must be in accordance with the entry money as evidenced by the bill of expenditure. Then the note is attached with the letter of accountability (SPJ) reported to the financial department of the education department once every three months. Suggestion that the sharing of funds from districts / municipalities should not be delivered late in the provincial government about the amount of fund sharing and reporting from school to government on the number of students and must be on target until there is no delay in receiving assistance from the province.

ANALISIS PENERAPAN SANKSI ADMINISTRASI PADA PELAKSANAAN PENGELOLAAN LIMBAH PADA RUMAH SAKIT UMUM RADEN MATTAHER JAMBI Raharja, Ivan Fauzani
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Medical waste is very important to manage properly, this is because medical waste belongs to the category of hazardous and toxic waste. Some of the medical waste is included in the category of hazardous waste and part of it is infectious. In relation to RSUD Raden Mattaher Jambi waste management problem, the ministry of environment giving black label in 2014 means that its waste management is very bad and it can affect the imposition of administrative sanction which will be accepted by RSUD Raden Mattaher Jambi. According to Article 198 of Government Regulation Number 101 Year 2014 on the Management of Hazardous and Toxic Wastes "Any Person who produces B3 Waste, B3 Waste Collector, B3 Waste Carrier, B3 Waste Users, B3 Waste Processors and / or B3 Waste Landmakers conducting Environmental Pollution and / or Destruction of Compulsory Environment implement: a. Environmental Pollution and / or Environmental Degradation; and b. Environmental Function Recovery. Given these laws and regulations, hospital waste management should be guided by applicable regulations. if it is not implemented then the government has the right to impose administrative sanctions on the matter either in the form of revocation of temporary permit or other form which has been determined.

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Ardiana Hidayah

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Sumatera selatan

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Ardiana Hidayah

Contact Email ardyanah@yahoo.co.id

Phone -

Journal Mail Official ardyanah@yahoo.co.id

Editorial Address -

Location Kota palembang, Sumatera selatan INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Ardiana Hidayah

Contact Email
ardyanah@yahoo.co.id

Phone
-

Journal Mail Official
ardyanah@yahoo.co.id

Editorial Address
-

Location
Kota palembang,

Sumatera selatan

INDONESIA