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[TINJAUAN HUKUM TERKAIT TAWARAN KREDIT TANPA AGUNAN (KTA) MELALUI SHORT MESSAGE SERVICE (SMS) ]]>
<![CDATA[Sundari, Sundari]]>;
<![CDATA[Fitriah, Fitriah]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.432
<![CDATA[Related to Short Message Service (SMS) received from banks actually the government has provided protection for consumers of telecommunication service users, among others through the Regulation of the Minister of Communication and Informatics No. 5 of 2021 on the Implementation of Telecommunications (Permenkominfo 5/2021) which stipulates that telecommunication service providers must store telecommunication service customer data as long as telecommunication service customers actively subscribe to telecommunication services. This research aims to see what steps can be legally taken if you feel disturbed by the credit without collateral (KTA) offer given through short messages such as SMS. The research method used in this study is a normative method of law. First, telecommunication service providers are also required to keep the data and /or identity of customers secret unless otherwise specified under the law. Second, violations of these provisions by telecommunication service providers will be subject to administrative sanctions that can be in the form of written reprimands, the imposition of administrative fines, temporary suspension of attempted activities, termination of access, police force, revocation of services; and/or, revocation of the permit attempts.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI PELAKU KEJAHATAN ]]>
<![CDATA[Mulyati, Dewi]]>;
<![CDATA[Dahwir, Ali]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.469
<![CDATA[The focus of this research is to understand how the form of legal protection provided by the state to children who commit crimes. The type of research used is library research. Based on the results of the study, it is known that the form of protection for children who commit crimes is given at every stage of the juvenile criminal justice process. Starting from the arrest stage, detention stage, investigation stage, prosecution, and trial stage, as well as during the coaching period. Another form of protection is efforts to settle criminal cases outside the trial, namely children's cases are always pursued through diversion and this is required to be done at every stage of the juvenile criminal justice process. The purpose of providing legal protection to child offenders is also the implementation of respect for the perpetrators' human rights so that they are not psychologically disturbed, have legal certainty, and to avoid arbitrary and unfair treatment.]]>
<![CDATA[PERLUASAN KOMPETENSI PERADILAN TATA USAHA DALAM UNDANG-UNDANG ADMINISTRASI PEMERINTAHAN ]]>
<![CDATA[Barhamudin, Barhamudin]]>;
<![CDATA[Bustomi, Abuyazid]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.525
<![CDATA[The purpose of this study is to explain the field of State Administration law since the promulgation of the State Administration Law 30 of 2014. This research is a legal research with a conceptual approach, a legal approach. This research data is secondary data which includes primary legal documents, secondary legal documents and tertiary legal documents. As a consequence, Law Number 30 of 2014 concerning the Implementation of State Administrative Courts has made major changes to the absolute jurisdiction of the State Administrative Court, namely the absolute jurisdiction of the State Administrative Court. state administrative decisions (beschikking), accompanied by courts and complaints to the state administrative courts.]]>
<![CDATA[KEWENANGAN KEPALA DESA DALAM MENYELESAIKAN SENGKETA MASYARAKAT BERDASARKAN UNDANG-UNDANG DESA ]]>
<![CDATA[Romli, Desmawaty]]>;
<![CDATA[Junaidi, Junaidi]]>;
<![CDATA[Merta, Martindo]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.526
<![CDATA[Public activities are never separated from social communication. Village community groups adhere to the characteristics of a peaceful and serene life, it cannot be separated from differences of opinion. Conflict issues that arise are triggered by conflicts of interest that cause debate. If this is allowed, it will damage the value of decency, social values that cause disturbances in the security and comfort of the village community. The application of dispute resolution or violence in Indonesia, culturally, uses a lot of local community structures. To maintain harmony, organize and improve life in the village, it is more important to prioritize solving problems by consensus around people where there is a conflict, it is carried out peacefully. Ending the problem that was carried out by deliberation and consensus was carried out to maintain a harmonious life as the duty of the Village Head to resolve conflicts among its citizens. The authority of the Village Head to be able to resolve customary cases in examining and adjudicating according to their customs and not by law. The village head's obligation does not cancel the wishes of several individuals if they wish to have their case resolved in court, where it has been determined that the village head's obligations are to carry out his duties in resolving every community conflict in his village. The role of the Village Head as a conflict resolution issuer is very much needed to create a working judiciary in Indonesia. Conflict resolution based on local wisdom as explained in the Town Law can be utilized as much as possible in an effort to realize justice for the community.]]>
<![CDATA[PROSES PEMERIKSAAN PERKARA DI MUKA PERSIDANGAN PADA DAKWAAN TINDAK PIDANA DAN BENDA SITAAN DALAM PROSES PERADILAN ]]>
<![CDATA[Djufri, Darmadi]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.527
<![CDATA[The process of examining cases before a trial against someone being charged for committing a crime is that at first a judge conducts an examination and reads out the case in court regarding the defendant's problem. If the judge considers that the examination of the court hearing has been completed, the judge invites the public prosecutor to read out his demands. Such provisions can be found in the Criminal Procedure Code, namely in Article 182 paragraph (l) which reads as follows: a. After the examination is declared complete, the public prosecutor submits a criminal charge; b. Furthermore, the defendant and/or his legal advisor may present his/her defense which can be answered by the public prosecutor, provided that the defendant or legal advisor always gets the last turn, c. Claims, pleas, and answers to defenses are made immediately. In the Code of Criminal Procedure it is clearly stated that those subject to confiscation are: a. The object or claim of the suspect or defendant is wholly or partly suspected to have been obtained from a criminal act or part of the proceeds of a criminal act; b. Objects that are used directly to commit a crime or to prepare, for example a knife or what weapon is used to kill; c. Items needed to hinder the investigation of a criminal act; d. Objects specially made or intended to commit a crime; e. Other objects that have a direct relationship with the crime committed; f. Items that are confiscated due to civil cases or bankruptcy can also be confiscated for the purposes of investigation, prosecution and trial of criminal cases as long as it concerns the provisions of paragraph (1) Article 39 of the Criminal Procedure Code.]]>
<![CDATA[TINJAUAN YURIDIS DEWAN PERWAKILAN DAERAH DALAM MEMBUAT KEBIJAKAN NEGARA ]]>
<![CDATA[Aspani, Budi]]>;
<![CDATA[Yusmanda, Riza]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.528
<![CDATA[The formation of the Regional Representative Council was decided in the third Amendment to the 1945 Constitution. This accommodates aspirations and gives the regions a greater role in decision-making processes that are directly related to the region. This study discusses the authority of the Regional Representatives Council only to participate in discussing certain Draft Laws related to regional autonomy and can give consideration to the House of Representatives when exercising its authority. The role of the Regional Representative Council in the decision-making process on State policies. Implicitly the Regional Representative Council as a state legislative institution is very limited, namely only proposing and discussing and not as a breaker like the People's Representative Council.]]>
<![CDATA[FREIES ERMESSEN DALAM PEMERINTAHAN INDONESIA ]]>
<![CDATA[Purnamawati, Evi]]>;
<![CDATA[Hijawati, Hijawati]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.529
<![CDATA[Freies Ermessen is a freedom given to state administration in the context of administering government. So that Freies Ermessen is the freedom to act on its own initiative and policy from the state administration. In line with the increasing demands for public services that must be provided by State administration for the increasingly complex socio-economic life of citizens, however, the use of Freies Ermessen must not conflict with applicable law, both written law and unwritten law.]]>
<![CDATA[TINJAUAN HUKUM ATAS KEMATIAN MAHASISWA PADA KEGIATAN PENDIDIKAN DAN LATIHAN DASAR (DIKLATSAR) RESIMEN MAHASISWA (MENWA) ]]>
<![CDATA[Husnulwati, Sri]]>;
<![CDATA[Yanuarsi, Susi]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.530
<![CDATA[The Student Regiment is an organization that serves as a forum to meet students' needs for organizational skills. But if in its implementation this organization performs actions such as persecution, it is necessary to conduct an evaluation related to the existence of this organization. This paper aims to find out how the legal review of the death of students during menwa training. The research method used in this study is a normative method of law. The results of this study are, (a) Violations that refer to the basic rules of the organization can be subject to actions in the form of sanctions that lead to the revocation of permits by the Rectorate, (b) If in the implementation of activities such as training there is persecution leading to death then the organizing committee can be subject to legal action referring to Article 351 paragraph (1) jo. paragraph (3) of the Criminal Code (Criminal Code).]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP ISTRI SEBAGAI KORBAN ATAS TINDAKAN KEKERASAN DALAM RUMAH TANGGA ]]>
<![CDATA[Merita, Eni]]>;
<![CDATA[Afriani, Kinaria]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.531
<![CDATA[Incidents of domestic violence often occur, but not many people seem to talk about it. The house that should be a place of refuge, often becomes a dangerous place for wives and children. There are various factors behind it, among others, because our society still does not consider the issue of domestic violence as a social problem, but rather an individual issue, which should not be intervened by outside parties. that according to the Law of the Republic of Indonesia No. 23 of 2004 concerning the elimination of domestic violence, Article 16 paragraph (1) states that within twenty four hours from the time of knowing or receiving a report of domestic violence, the police must immediately provide temporary protection to the victim, while Article 16 paragraph (2) states that the temporary protection as referred to in paragraph (1) is given no later than seven days after the victim is received or handled.paling lama tujuh hari sejak korban doterima atau ditangani.]]>
<![CDATA[IMPLIKASI PENGHAPUSAN DESA TERHADAP KESEJAHTERAAN MASYARAKAT DESA ]]>
<![CDATA[Dani, Akhmad]]>;
<![CDATA[Johansyah, Johansyah]]>
<![CDATA[ Solusi Vol 20 No 1 (2022): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
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DOI: 10.36546/solusi.v20i1.532
<![CDATA[The discourse on the abolition of the village has given birth to legal implications that are inconsistent with the values of certainty, justice, and usefulness that will be achieved in the purpose of structuring the village so that it has an impact on the continuation of the welfare of the village community. This is reflected in the management of village income and Village-Owned Enterprises which result in a legal vacuum after the abolition of the village so that the achievement of village community welfare will be hampered as mandated by the constitution in the Preamble to the 1945 Constitution of the Republic of Indonesia. Implications for the abolition of villages are included in village planning as regulated in statutory regulations Number 6 of 2014 concerning Villages. There is a clause on the purpose of village structuring which becomes a legal rule that should be carried out (das sollen) but there is a discrepancy when the legal rule is faced with the abolition of the village (das sein) because the abolition of the village has eliminated all provisions for the purpose of village structuring, so that villages that experience abolition in ultimately not oriented towards the purpose of structuring the village. On the other hand, the subjective legal reasons for the elimination of villages have reduced the role of the village in the elimination of villages by policies caused by the central government, which should involve local and village governments.]]>
