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.
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<![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.]]>
<![CDATA[KONSOLIDASI SEBAGAI ALTERNATIF PENYEDIAAN TANAH UNTUK PEMBANGUNAN SARANA DAN FASILITAS UMUM ]]>
<![CDATA[Bustomi, Abuyazid]]>;
<![CDATA[Barhamudin, Barhamudin]]>
<![CDATA[ Solusi Vol 18 No 1 (2020): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v18i1.257
<![CDATA[The politics of consolidation is done to help the community in their efforts to make the area orderly and orderly, and the involvement of the government is very dominant. Land consolidation in Indonesia is aimed at slums or border areas or residential areas. The initiative to carry out land consolidation comes from the government, but it can also come from private companies. This research method is normative / literature, which is to get data from literature, books and legislation. The results of the study that the consolidation of land carried out to strengthen the value and function of the soil as a result of the arrangement of the shape, area, and location so that it becomes orderly and orderly that supports land use effectively and efficiently according to its potential. The obstacles if there are people who object to the consolidation of land for the development of public interests and public facilities. Obstacles from landowners in land consolidation, namely the difficulty of obtaining approval or agreement from landowners in land consolidation because the landowners' approval determines the issuance of a Regent / Mayor's decree on determining the location of land consolidation. The obstacle of the regional government in land consolidation is limited authority because the limitation of land rights is not the authority of the Regent / Mayor.]]>
<![CDATA[EFEKTIVITAS PRAPERADILAN DAN KEBERADAAN HAKIM KOMISARIS DALAM SISTEM PERADILAN PIDANA INDONESIA ]]>
<![CDATA[Johansyah, Johansyah]]>
<![CDATA[ Solusi Vol 18 No 1 (2020): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v18i1.258
<![CDATA[The judge commissioner has a supervisory function at the initial examination stage which includes arrest; search; confiscation and examination of documents has been carried out legally or not. Judge Commissioner is to better protect human rights guarantees in the criminal process and avoid traffic jams by the arising of discrepancies between investigating officers from different agencies. The existence of a commissioner judge in the Indonesian criminal justice system which has very broad authority can make it difficult / hinder the operation of the criminal justice system. So that the existence of pretrial institutions is considered to be able to accommodate the protection of human rights of suspects in criminal offenses, as mandated by the International Covenant on Civil and Political Rights (ICCPR).]]>
<![CDATA[PERGESERAN HAK PREROGATIF PRESIDEN PASCA AMANDEMEN UNDANG-UNDANG DASAR 1945 ]]>
<![CDATA[Aspani, Budi]]>
<![CDATA[ Solusi Vol 18 No 1 (2020): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v18i1.259
<![CDATA[The President as the Head of State has prerogative rights besides having authority in outgoing relations contained in the 1945 Constitution. In the case of the formation, amendment and dissolution of state ministries after the 1945 Constitution Amendments do not become the full authority of the President, but are based on the law (Article 17 paragraph (4) of the 1945 Constitution), so that there will be no more unilateral dissolution of a state ministry by the President. The issues to be discussed are as follows: What has been changed in the amendment to the 1945 Constitution regarding the President's Prerogative Rights, and how the amendments to the 1945 Constitution on the President's Prerogative Rights on the government system in Indonesia. With the amendment of the 1945 Constitution four times, it has an influence on the position of the President in exercising his prerogative rights. The President's prerogative right before the amendment is not fully implemented to carry out the President's Constitutional obligations, but is related to political content. After the amendment to the 1945 Constitution there was a shift in the application of the President's prerogative rights, namely by including other state institutions in the implementation of the prerogative. Amendments to the 1945 Constitution on the President's Prerogative Rights did not result in a change in the Indonesian government system.]]>
<![CDATA[URGENSI PRINSIP GOOD CORPORATE GOVERNANCE DALAM KEGIATAN PERBANKAN SYARIAH ]]>
<![CDATA[Rizayusmanda, Rizayusmanda]]>
<![CDATA[ Solusi Vol 18 No 1 (2020): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v18i1.260
<![CDATA[Islamic banks are financial institutions where products are developed based on the Qur'an, Al-Hadith of the Prophet Muhammad. According to Act Number 21 of 2008 concerning Sharia Banking, Sharia Banks are banks that carry out their business activities based on Sharia Principles, and by type consist of Sharia Commercial Banks and Sharia People Financing Banks. The problem discussed is how is the effort of sharia banking in implementing its business activities based on Article 19 of Law Number 21 Year 2008 concerning Sharia Banking, and whether the application of these business activities requires Good Corporate Governance of sharia banking. This paper is a descriptive normative legal research. Normative legal research is legal research based on secondary data, namely data that has been previously available in the form of legal material. Sharia Banking Efforts in implementing its business activities, namely preparing: Human Resources who are ready to use; organizational structure of the company; division of labor; job duties and authority; and other fields. Then Islamic banking in collaboration with MUI held socialization to the public, and Islamic banking often became a sponsor of religious activities. The principle of Good Corporate Governance (GCG) is a necessity and necessity for sharia banking business activities and sharia business units. This is aimed at the existence of public responsibility related to bank operations so that they truly comply with Islamic banking regulations.]]>
<![CDATA[KEWENANGAN PRESIDEN DALAM MEMBENTUK UNIT KERJA PRESIDEN ]]>
<![CDATA[Purnamawati, Evi]]>
<![CDATA[ Solusi Vol 18 No 1 (2020): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v18i1.261
<![CDATA[The constitution is supreme because it is assumed as a form of agreement of all people. Indonesia adheres to the supreme constitution and the understanding of democracy, so that every policy whether it is a product of legislation or other political policies must be in accordance with the values of society or in accordance with the wishes of its people. The authority of the President as the holder of government power is not unlimited power, but has guiding principles in making specific policies regarding the formation of the Presidential Work Unit. These rules must be in line with the constitution and democracy (constitutional democracy). Institutional relations between the President's Work Unit for Development Supervision and Control with the Ministry of State, Cabinet Secretariat as well as between the Legal Mafia Eradication Task Force and law enforcement agencies such as the Corruption Eradication Commission, the Police, and the Prosecutors' Office, have the potential for overlapping authorities in the practice of implementing government and law enforcement.]]>
<![CDATA[IMPLIKASI PRODUK KEMASAN KADALUARSA PADA PERLINDUNGAN HUKUM BAGI KONSUMEN ]]>
<![CDATA[Fitriah, Fitriah]]>
<![CDATA[ Solusi Vol 18 No 1 (2020): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v18i1.262
<![CDATA[This study aims to examine the legal protection of consumers against expired packaged food products. Consumer is every person or business entity that is either a legal entity or not that can use a product and / or service that is obtained through the buying and selling process, gift or gift, and the product can be consumed directly. Consumers can not be separated from the rights and obligations of producers. In this case the manufacturer is the party that produces the product. In fact there are still many business actors who deliberately sell their food products that have expired, and this is not realized by consumers, because consumers just take it for granted without paying attention. And this is very detrimental to the rights of consumers and can endanger their health and safety. The Consumer Protection Act No. 8 of 1999 aims to protect consumers against their rights as well as the prohibition of producers in producing dangerous products. The government is authorized and responsible for regulating and overseeing the production, processing, distribution of food and beverages.]]>
