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[ASPEK HUKUM PIDANA DALAM PERJUDIAN SECARA ONLINE ]]>
<![CDATA[PURNAWINATA, DODY TRI]]>
<![CDATA[ Solusi Vol 19 No 2 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i2.356
<![CDATA[Advances in the world of information and technology provide a new way of online gambling. There are many difficulties in uncovering an online gambling case either to determine the perpetrators of online gambling as well as to determine the place and time of the occurrence of a criminal act of online gambling as well as legal liability for the offender. The materials used in this law research are primary legal materials, secondary, and tertiary. The collection of legal materials research done by identifying, inventorying legislation, researching material library, reading books and other resources related to the problem being studied. Legal materials that have been collected and processed with the interpretation of legal materials and then deduced to draw conclusions about determining the perpetrators, determining locus and tempus delicti and legal liability of online gambling as criminal act in normatif explanantion. The result of this study that in determining the perpetrators of online gambling should be filled ellement are attached to the subject of law (subjective) and attached to the deed (objective), in this case commonly used theories in Indonesia related to locus and tempus delicti can be used in determining locus and tempus delicti relating to the competence of the court,although with advances in technology make it possible for the perpetrator to decieve the real locus and tempus. Legal liability of the offender based on person’s condition to be liable for their actions regardless of their justification and excuse.]]>
<![CDATA[LEMBAGA BANTUAN HUKUM DALAM PERSPEKTIF HAK ASASI MANUSIA ]]>
<![CDATA[Agustina, Enny]]>;
<![CDATA[Eryani, Susanti]]>;
<![CDATA[Dewi, Virna]]>;
<![CDATA[Pawari, Rahmiati Ranti]]>
<![CDATA[ Solusi Vol 19 No 2 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i2.357
<![CDATA[One form of protection of human rights is providing legal assistance. This research discusses the role and position of legal aid institutions from a human rights perspective as well as the role of the state in empowering legal aid institutions as a means of legal protection in society. This study uses a normative research method, in which the data sources used come from literature books, law magazines, legal journals, and other library materials. The conclusion of this research is that legal aid is the most human right of every person and is guaranteed by the laws of Indonesia. In fact, legal aid activities are currently running in accordance with the expectations of the community, as outlined by the provisions of the prevailing laws and regulations. Its functions and roles as law enforcement officers in the field of counseling and information as well as legal reform, until now have been very helpful and seen in the practice of constitutional law in Indonesia. The provision of legal aid as a state obligation to fulfill the constitutional rights of citizens is expanded in Law Number 16 of 2011 concerning Legal Aid by involving not only advocates, but also paralegals, lecturers and law faculty students.]]>
<![CDATA[IMPLEMENTASI ASAS KETERBUKAAN DALAM PENYUSUNAN PERATURAN DAERAH ]]>
<![CDATA[Dani, Akhmad]]>
<![CDATA[ Solusi Vol 19 No 2 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i2.358
<![CDATA[The principle of openness is the principle that determines that every activity and the final result of one example in making a regional regulation must be accountable to the people as the highest sovereignty. One of the main features in the formation of regional regulations must be transparency. One of the important elements in the context of realizing good governance is the existence of good regional regulation management. The government is required to be open and guarantee access to control holders to various information regarding the public policy process, budget allocations for policy implementation, as well as monitoring and evaluation of policy implementation. There are 2 factors that influence the implementation of the principle of openness of the Regional People's Representative Council (DPRD) in the preparation of Regional Regulations, there are 2 supporting factors, namely the availability of adequate facilities and infrastructure, the willingness of experts and procurement personnel on duty, and the presence of DPRD members (on time). Inhibiting factors are the lack of understanding or uneven understanding of DPRD Members on the preparation of Regional Regulations, ineffective communication patterns, late submissions of Budget Work Plans from the City Government, some DPRD members seem to prioritize party interests rather than those of the people, and DPRD still consider the results of the stipulation of Regional Regulations. (document) is confidential.]]>
<![CDATA[PUTUSAN MAHKAMAH KONSTITUSI BERSIFAT FINAL DAN MENGIKAT (BINDING) ]]>
<![CDATA[Johansyah, Johansyah]]>
<![CDATA[ Solusi Vol 19 No 2 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i2.359
<![CDATA[The Constitutional Court has the authority to judge at the first and last levels whose decisions are final and binding. The Constitutional Court decision which is final and binding, contains 4 (four) legal meanings, namely: First, in order to realize legal certainty as soon as possible for the disputing parties. Second, the existence of the Constitutional Court as a constitutional court. Third, meaning as a form of social control exercised by the Constitutional Court. Fourth, as the guardian and sole interpreter of the constitution. The Constitutional Court's decision is final and binding, giving birth to a number of legal consequences in its application. Constitutional Court decisions can be classified into 2 (two) broad lines, namely decisions of the Constitutional Court which have positive legal consequences and negative legal consequences. As for the legal consequences that have positive meanings, namely: Ending a legal dispute; Maintain the principle of checks and balances; and Encouraging the political process. Meanwhile, the legal consequences arising from the Constitutional Court's decision are final and binding in a negative meaning, namely: The closure of access to legal remedies and the occurrence of legal vacuum.]]>
<![CDATA[PENERAPAN DAN PEMBERIAN BANTUAN HUKUM BAGI MASYARAKAT KURANG MAMPU ]]>
<![CDATA[Sunggara, Muhamad Adystia]]>;
<![CDATA[Meliana, Yang]]>;
<![CDATA[Gunawan, Arifin Faqih]]>;
<![CDATA[Yuliana, Sri]]>
<![CDATA[ Solusi Vol 19 No 2 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i2.360
<![CDATA[The protection and recognition of human rights of every individual or citizen is an obligation for the state as a logical consequence of its establishment as a rule of law and a person has the right to be treated equally before the law, including for poor people who are in trouble with the law. This research is normative legal research or doctrinal legal research with a legal inventory approach, which collects norms that have been identified as legal norms. The conclusion of this study is that legal aid is not a guarantee in the form of access to law and justice for the poor because the application of legal aid at the practical level in the community still reaps several problems that hinder the realization of access to law and justice for the poor. First, the non-working normative legal framework. Second, the lack of legal awareness regarding legal aid. Third, access to justice which is formality. Fourth, discrimination and complicated procedures in funding legal aid. Fifth, there is no supervision in the application of legal aid.]]>
<![CDATA[ASAS IKTIKAD BAIK DALAM KONTRAK ELEKTRONIK ]]>
<![CDATA[Hidayah, Ardiana]]>
<![CDATA[ Solusi Vol 19 No 2 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i2.361
<![CDATA[Electronic Contract as an agreement between the parties using an electronic system. Electronic System is a series of electronic devices and procedures that serve to prepare, collect, process, analyze, store, display, announce, transmit, and / or disseminate electronic information. All forms of agreements including electronic contracts must be carried out in good faith based on Article 1338 paragraph 3 of the Civil Code. The principle of good faith is the principle for the parties, namely the business actor and the consumer must carry out the substance of the contract based on strong trust or belief or the goodwill of the parties. The phases in the implementation of good faith include the phase before the contract occurs, the phase when the contract occurs or takes place until the phase after the contract is executed.]]>
<![CDATA[KEDUDUKAN CAMAT MENURUT UNDANG UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH ]]>
<![CDATA[Barhamudin, Barhamudin]]>;
<![CDATA[Hendra, Hendra]]>
<![CDATA[ Solusi Vol 19 No 2 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i2.362
<![CDATA[The research objectives are: Knowing the position, duties and authority of the sub-district head according to Law Number 23 of 2014. Data sources are: Secondary data, namely data obtained from a literature study consisting of: primary legal materials, secondary legal materials, and tertiary legal materials. . : The position and role of the sub-district head needs to be returned to his position as head of the region who carries out attributive functions, also carries out delegative functions, a camat is needed who is able to increase his role in relation to the system and organizational structure, empowerment of sub-district human resources and optimize service functions to the community, roles and functions The camat needs to be directed to an attributive function without neglecting the authority function of the regional head. In the implementation of regional government according to Law Number 23 of 2014 concerning Regional Government, namely the District is no longer a unit of government territory, but as a unit of work or service area. Camat leadership is an important thing that is needed by every level of the organization in realizing the common goal of coordinating all the power and efforts in carrying out all the tasks and responsibilities assigned to it.]]>
<![CDATA[KEBIJAKAN INVESTASI MASA PADEMI COVID-19 DI INDONESIA ]]>
<![CDATA[Husnulwati, Sri]]>;
<![CDATA[Yanuarsi, Susi]]>
<![CDATA[ Solusi Vol 19 No 2 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i2.364
<![CDATA[The Investment is all forms of investment activities, either by domestic investors or foreign investors to conduct business in the territory of the Republic of Indonesia. The basic policy on investment regulations is in line with one of the goals of forming a state government, namely, to advance the general welfare. During the Covid-19 pandemic in Indonesia, which has caused people's purchasing power to decline in consumption activities, it is necessary to encourage government spending and additional investment. Investment policies must make it easy for investors to invest in Indonesia. Law Number 11 of 2020 concerning Job Creation provides convenience in investing, especially in licensing issues. The Job Creation Law is expected to increase investment in Indonesia.]]>
<![CDATA[PERLINDUNGAN HUKUM LELANG EKSEKUSI HAK TANGGUNGAN ]]>
<![CDATA[Asuan, Asuan]]>
<![CDATA[ Solusi Vol 19 No 2 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i2.365
<![CDATA[Parate Executie or direct execution, namely the execution of mortgage rights which is carried out by selling the object of the mortgage right by the holder of the first mortgage on his own power through a public auction and taking the payment of the debt from the sale proceeds. Protection of mortgage auction has actually been carried out in a preventive manner by the State Wealth and Auction Service Office (KPKNL) because prior to the auction, KPKNL notifies the auction participants regarding the documents, conditions and conditions of the object to be auctioned in truth and as it is as well as the consequences and risks that may arise from the auction object. Regarding repressive protection, namely efforts to obtain legal protection through judicial bodies and obstacles to implementation, there is no agreement on the price of the object being auctioned.]]>
<![CDATA[PENGATURAN TINDAK PIDANA PORNOGRAFI DALAM SISTEM HUKUM INDONESIA ]]>
<![CDATA[Martini, Martini]]>
<![CDATA[ Solusi Vol 19 No 2 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v19i2.366
<![CDATA[The regulation of pornography in the legal system in Indonesia begins with regulating criminal acts, followed by criminal acts of pornography, and ends with the essence of regulating pornography crimes. The criminal act of pornography in the Indonesian criminal law system, among others, is regulated in the Criminal Code (KUHP) as a crime against decency as regulated in Article 281 and Article 282. In particular, pornography is regulated in the Pornography Law Number 44 of 2008 which regulates about pornography which is a criminal act. Law Number 19 Year 2016 Amendments to Law Number 11 Year 2008 Concerning Information and Transactions (UU ITE), particularly in the use of the internet, alludes to the issue of pornography but is related to content that violates decency. There are sanctions against pornography, both the main and additional crimes in accordance with the applicable provisions]]>
