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.
Articles
10 Documents
Search results for
, issue
"Vol 19 No 3 (2021): SOLUSI"
:
10 Documents
clear
<![CDATA[TINJAUAN HUKUM ATAS PENYALAHGUNAAN DATA BANTUAN SOSIAL DI MASA PANDEMI COVID-19 ]]>
<![CDATA[Disurya, Ramanata]]>;
<![CDATA[Suryati, Suryati]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36546/solusi.v19i3.363
<![CDATA[Social assistance in the form of money, goods or services is very valuable in the midst of disasters, especially in the Covid-19 pandemic. It becomes highly anticipated by the affected communities as well as tempting things to be abused for irresponsible people. This study aims to find out how the legal review of the misuse of social assistance data during the Covid-19 pandemic. The research method used in this study is the normative method of law. The results of this study are , (1) all forms of misappropriation of social assistance funds are punishable under Article 43 paragraph (1) of Law No. 13 of 2011, (2) concerning the hoarding of social assistance with the purpose of benefiting themselves punished according to Article 3 of Law No. 31 of 1999 concerning the Eradication of Corruption crimes jo]]>
<![CDATA[FUNGSI MAKROPRUDENSIAL BANK INDONESIA TERHADAP BANK SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN ]]>
<![CDATA[Mirza, Farrah Rizky Amelia]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36546/solusi.v19i3.369
<![CDATA[Macroprudential supervision and regulation in strengthening the function and active role of Bank Indonesia as a systemic regulator in maintaining financial system will be greatly assisted by the existence of Financial Services Authority (OJK). In OJK assist Bank Indonesia to conduct moral suasion to banking. This study discusses Bank Indonesia’s macroprudential function against banks, their limits of scope, and functional relationship between Bank Indonesia and OJK after the enactment of Law Number 21 of 2011 on OJK. It is expected that the arrangement of cooperation or coordination between the two institutions will be clearly illustrated. The method used in this study is normative law with legislative, conceptual, and historical approaches. The types and source of legal materials include primary, secondary, and tertiary legal materials. The technique used for drawing conclusions is deductive thinking, the way of thinking in which general statements are drawn into specific conclusions to obtain answers to the problems to be discussed in this journal. The study results showed that the limit of scope of macroprudential supervision/authority of BI after the coming into effect of the Law were macroprudential regulation and supervision. Macroprudential supervisory function of BI prior to the existence of OJK was to establish and implement monetary policy, regulate and maintain a smooth banking system, regulate and supervise banking activities. Macroprudential supervisory function of BI following the enactment of the Law is limited to having only a monetary policy role, maintaining rupiah stability. BI and OJK have functional relationship on macroprudential and microprudential supervision after the enactment of the law, cooperation and coordination in the implementation of their tasks according to their respective authorities, information exchange of Financial Services Institutions, and management of reporting system of banks and finance companies by BI and OJK.]]>
<![CDATA[PENERAPAN SANKSI KEBIRI KIMIA TERHADAP PELAKU TINDAK PIDANA SEKSUAL TERHADAP ANAK ]]>
<![CDATA[Dahwir, Ali]]>;
<![CDATA[Barhamudin, Barhamudin]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36546/solusi.v19i3.422
<![CDATA[Sexual crimes that make children as victims are extraordinary crimes that threaten and endanger children's psychology and can eliminate comfort, peace, security, and order in society. The problem discussed in this paper is how to apply chemical castration sanctions to perpetrators of sexual crimes against children. In answering the existing problems, using normative legal research methods are descriptive analytical. The analysis was carried out qualitatively, using a legal approach, a case approach and a philosophical approach. The results showed that the Indonesian Doctors Association did not want to be the executor of chemical castration punishment, this was because doctors were bound by an oath and a code of medical ethics. In this code of ethics, philosophically, doctors have the task of trying to heal, not vice versa, namely by using science to carry out actions that are contrary to humanity, namely revoking a person's health even if only temporarily. It is the duty of the police to enforce the law against the decisions made by the court. The execution can be carried out by nurses and skilled personnel free from the oath of office. Nurses carry out castration injections on the basis that they have met the criteria that have been set as requirements for providing health services, as regulated in the Nursing Act.]]>
<![CDATA[EFEKTIVITAS PEMIDANAAN NARAPIDANA PELAKU PEREDARAN NARKOTIKA JARINGAN LEMBAGA PEMASYARAKATAN DI KOTA BENGKULU ]]>
<![CDATA[Pradityo, Randy]]>;
<![CDATA[Jayanuarto, Rangga]]>;
<![CDATA[Pradeva, Yozie]]>;
<![CDATA[Susiyanto, Susiyanto]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36546/solusi.v19i3.423
<![CDATA[Drug trafficking is an extraordinary crime. Circulation of narcotics is not only carried out by international, national scale networks, but is also carried out by prisoners in the Correctional Institution as perpetrators of trafficking. This study will measure the effectiveness of punishment against inmates who are perpetrators of narcotics trafficking in the Correctional Institution network in Bengkulu City. The results of this study indicate that the punishment of inmates who commit narcotics trafficking in the prison network has not been effective. Many factors have caused it to be ineffective, the most important of which is the number of inmates who are perpetrators of narcotics trafficking, the prison network continues to grow, while special prisons for narcotics cases are not yet available. Then, from the aspect of implementation and supervision of punishment in the Correctional Institution, it has not been carried out optimally due to limited human resources, both in quality and quantity. Convicts become perpetrators of narcotics trafficking in Correctional Institutions due to various things. For example, there is an influence from the environment of fellow prisoners who are perpetrators of narcotics trafficking in the Correctional Institution, as well as due to the economic factors of the prisoners.]]>
<![CDATA[KAJIAN YURIDIS PROGRAM PENERBITAN SERTIPIKAT HAK ATAS TANAH ELEKTRONIK ]]>
<![CDATA[Agustina, Enny]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36546/solusi.v19i3.424
<![CDATA[This study discusses how the juridical study of the electronic land rights certificate issuance program and how the mechanism in the issuance of electronic land rights certificates. This research method is normative legal research with a statutory approach, by reviewing regulations related to legal issues. The result of this research is the juridical aspect of issuing electronic certificates is contained in the Minister of ATR/Head of BPN Regulation Number 1 of 2021. In Article 1 number 8 of the Ministerial Regulation defines electronic certificates as "Certificates issued through the Electronic System in the form of Electronic Documents". So the results of land registration activities are published in the form of electronic documents. The mechanism for issuing electronic certificates in accordance with the Regulation of the Minister of Agrarian Affairs and Spatial Planning Number 1 of 2021 concerning Electronic Certificates begins with the issuance of certificates for the first time and continues with the replacement of conventional certificates with electronic certificates, although this is not mandatory, it is considered important to be applied to minimize document falsification. The conclusion in this study is that an electronic system is a necessity for today's modern era, but to ensure and not reduce the legal certainty of land rights, a comprehensive and holistic study, both juridically and technically, on electronic certificates needs to be carried out and criminal acts as if It is also developing along with the development of information technology, it is feared that there will be a risk to electronic certificates, especially forged electronic signatures, because to find out if it is falsified or not, there must be a verification of the comparison of the similarity of values between documents and electronic signatures, this is what makes the difference between electronic signatures in electronic certificates so that the risk of forgery can be detected immediately by itself.]]>
<![CDATA[TINJAUAN HUKUM TANGGUNG JAWAB PENGELOLA ATAS KEJAHATAN DI MALL ]]>
<![CDATA[Sundari, Sundari]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36546/solusi.v19i3.425
<![CDATA[The establishment of a modern shopping center in Indonesia that has great potential to attract attention to people who like to shop. In addition, as a center of the crowd, the mall has a huge potential for crime. The study aims to legally review how managers are responsible for crimes on the Mall. The research method used in this study is a normative method of law. The results of this study are First, before deciding to file a PMH lawsuit against the mall manager, it is advisable to consider carefully the amount of compensation compared to all the time, energy, and costs that may arise from filing the lawsuit. Second, even if the aggrieved party does not ask for damages to the mall manager through the PMH lawsuit, you still have the right to ask for the damages, because the article 1365 of the Civil Code states that the obligation to pay damages arises when the unlawful act causes harm, not when there is a court ruling.]]>
<![CDATA[PENGANGKATAN ANAK DALAM KAJIAN PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[L. Tobing, R. Sondang]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36546/solusi.v19i3.428
<![CDATA[Adopted children in Islam are not biological children, thus prohibiting adoption with an intention to make other people's children become their own and equate in their heart's belief that the adopted child is their biological child. In Islam the basis of goodness; deeds and their damage is intention. That the intention of adopting a child is to worship in the framework of love as a fellow creature of God so that the child is not neglected in his life. The emotional closeness that exists because of the parenting factor does not cause an adopted child to be believed like he is a real biological child. However, in his upbringing, he is still obliged to treat him fairly and properly within the framework of loving him as a fellow creature. Adoption of children in Islam is child care carried out by adoptive parents (foster parents).]]>
<![CDATA[ANALISIS YURIDIS PERMOHONAN EUTHANASIA DALAM PERSPEKTIF HAK ASASI MANUSIA DI INDONESIA ]]>
<![CDATA[Sunggara, Muhamad Adystia]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36546/solusi.v19i3.429
<![CDATA[Euthanasia is the act of intentionally ending a person's life with the aim of relieving his suffering or illness, for example, a patient suffering from an incurable disease has the possibility to propose ending his life by lethal injection or discontinuing treatment. This study discusses how to apply for euthanasia in the perspective of Human Rights in Indonesia and how to euthanasia from the aspect of criminal law. This research method is normative legal research with a statutory approach, by reviewing regulations related to legal issues. The results of this study are the general principle of the Criminal Code (KUHP) relating to the problem of the human soul is to provide protection, so that the right to live naturally as human dignity is guaranteed, then based on Indonesian law euthanasia is an act that is against the law and part of fulfilling Human rights, which humans are free to make their life choices which are regulated by law. Article 344 of the Criminal Code can no longer be used to ensnare euthanasia and must be revised, because the elements of euthanasia are not fully covered in the article. The conclusion in this study is that it is not easy to assess whether the act is contrary to criminal law, if it is not clear that the relationship between the criminal law and the criteria used as benchmarks, for an act which according to medical standards may escape criminal law. For this reason, criminal law should still be guided by generally accepted principles, namely actus non facit reum nisi mens sit rea or an act does not innocence, used in seeking material truth produced through proving the existence of a causal relationship between actions and consequences.]]>
<![CDATA[KAJIAN SOSIOLOGIS GUGATAN KELOMPOK (CLASS ACTION) DALAM PERLINDUNGAN HUKUM KONSUMEN ]]>
<![CDATA[Roni, Abdul]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36546/solusi.v19i3.430
<![CDATA[The perspective of Sociology of Law, the effectiveness of class action is an aspiration of the community which has been often ignored by producers. The main problem in law enforcement lies in the factors that may influence it. The legal factor itself, which is limited to the law only. Law enforcement factors are the parties that form and apply the law. Factors of facilities or facilities that support law enforcement. Community factors, namely as a result of work, creativity and taste based on human initiative in social life. Cultural factors, namely as a result of work, creativity and taste based on human initiative in social life. These factors affect law enforcement which is very influential for people who want to file class actions. Recognition theory and law enforcement factors in its application are very effective. Sociologically it must be implemented so that if there is a violation by the producer, the consumer can take a class action.]]>
<![CDATA[KEWENANGAN PENYIDIK PEGAWAI NEGERI SIPIL DALAM MELAKUKAN PENYIDIKAN TERHADAP TINDAK PIDANA PENCUCIAN UANG YANG BERSUMBER DARI TINDAK PIDANA ASAL ]]>
<![CDATA[Hendra, Hendra]]>
<![CDATA[ Solusi Vol 19 No 3 (2021): SOLUSI ]]>
Publisher : <![CDATA[Faculty of Law, University of Palembang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36546/solusi.v19i3.431
<![CDATA[The crime of money laundering is a crime that is included in organized crime and therefore efforts to overcome it must use strong legal instruments. There are six institutions that have the authority to investigate money laundering cases. The six institutions are the Indonesian National Police, the Attorney General's Office, the Corruption Eradication Commission (CEC), the National Narcotics Agency (NNA), the Directorate General of Taxes and the Directorate of Customs and Excise and the Ministry of Finance. In addition to the six institutions regulated in the law above, there are still institutions that have the authority to investigate money laundering crimes that investigate cases of predicate offence, namely civil servant investigators. Therefore, the focus of the problem is what is the position of Civil Servant Investigators (CSI) in the Justice System in Indonesia and how is the authority of Civil Servant Investigators (CSI) in conducting investigations of money laundering crimes originating from predicate crimes. The research method used is a normative legal research method by taking a statutory approach and a case approach. Conclusions are drawn using deductive logic. The results of the study show that based on the Criminal Procedure Code and other laws and regulations, Civil Servant Investigators in the criminal justice system in Indonesia are authorized to carry out investigations according to the law which is the legal basis, and in carrying out their duties are under the coordination and supervision of Polri investigators. The authority of PPNS to investigate money laundering crimes originating from predicate crimes is in accordance with the laws and regulations and the decision of the constitutional court number 15/PUU-XIX/2021 whose decisions are final and binding. Therefore, all Civil Servant Investigators who have investigated predicate crimes given by law are authorized to investigate money laundering crimes.]]>
