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INDONESIA
Solusi
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 177 Documents
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PELAYANAN DINAS PERDAGANGAN DALAM PENGATURAN PERIZINAN PEMAKAIAN TEMPAT DASARAN PEDAGANG PASAR MANGKANG DI KOTA SEMARANG
Solusi Vol 21 No 1 (2023): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v21i1.786

Abstract

Management of the Semarang Mangkang Market is regulated in the Semarang City Regional Regulation based on Number 9 of 2013 concerning Traditional Market Arrangements. The Department of Trade has the authority to operate markets for the benefit of the people of Semarang City. The purpose of this study is to find out how the services of the Department of Commerce are in arranging permits for the use of the food stalls for Pasar Makang traders in the city of Semarang, knowing what are the inhibiting factors and efforts in arranging permits for the use of the places for the traders of the Mangkang Market in the city of Semarang. The research method used in this research is normative juridical (legal research), using primary data as supporting data and secondary data as the main data, the specifications of this research are analytical descriptive, the data collection method uses interview techniques and library research, data analysis uses the qualitative. Factors that influence the fulfillment of permit issuance for traders who have not obtained a permit to use the basis of the base are as follows: Limited land owned by the Mangkang Market, Lack of understanding from traders on the importance of the Permit to Use the basis of the Makang market traders in Semarang City has been carried out in accordance with regulations Regional Number 9 of 2013 concerning Traditional Market Arrangements, but the implementation of services at the Mangkang Market in Semarang City has not been fully optimal, there are still some traders who still do not have a permit to use a basic place.
REALISASI DEMOKRASI DAN KONSTITUSI DALAM UPAYA PENGUATAN MAHKAMAH KONSTITUSI DI INDONESIA
Solusi Vol 21 No 1 (2023): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v21i1.788

Abstract

The purpose of this study is to find out the extent of the role of the Constitutional Court in Indonesia's constitutional life when it is associated with the idea of constitutional democracy and legal state democracy. The method used in this study is normative legal research that focuses on positive legal norms. The Constitutional Court in Indonesia's constitutional system still needs to be given a record of improvement, especially regarding the ethical behavior of constitutional judges who often give information to the press about cases that will, are, or have been handled. It can often be witnessed, for example, that the Chief Justice commented on the rulings he had made. Supposedly, constitutional judges, let alone the Chief Justice, should be able to "live in silence" and place their verdicts as their representatives. Thus, there is no need for the Chief Justice to give additional information, clarification, or whatever his name may be, on the judgment he has made. Nevertheless, in general, the Constitutional Court has succeeded in carrying out the mandate of the constitution.
TINJAUAN YURIDIS TERHADAP KATEGORI TINDAK PIDANA DALAM KELUARGA SEBAGAI DELIK ADUAN PADA UNDANG-UNDANG NOMOR 23 TAHUN 2004
Solusi Vol 21 No 1 (2023): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v21i1.804

Abstract

This research focuses on how the category of crime in the family as a complaint offense in Law No. 23 of 2004. The type of research is a type of normative juridical research. The results of the research are to be able to carry out a process of investigation,prosecution and proceedings to court in criminal cases within the family as a complaint handling based on the prosecution requirements in complain offenses. So that for criminal acts in the family that are committed outside the provisions of the article it is not a complaint offense but the criminal acts is an ordinary complaint offense and will be processed whether or not there is a complaint from the victim, thus to be categorized as a complaint offense in Law No.23 of 2004 is a provision that is expreely regulated in chapter 7 of Article 44 paragraph 1 of Article 45 paragraph 2 and Article 46 of Law No. 23 of 2004. Keywords: category; complaint offense Abstrak Penelitian ini difokuskan bagaimanakah kategori tindak pidana dalam keluarga sebagai delik aduan pada undang-undang nomor 23 tahun 2004.Tipe penelitian adalah jenis penelitian yuridis normative. Hasil penelitian adalah untuk dapat dilaksanakan suatu proses penyidikan,penuntutan serta proses ke pengadilan pada kasus tindak pidana dalam keluarga sebagai delik aduan berdasarkan syarat penuntutan dalam delik aduan, maka undang-undang nomor 23 tahun 2004 secara tegas mengaturnya pada ketentuan pidananya, sehingga untuk perbuatan-perbuatan tindak pidana dalam keluarga yang dilakukan diluar ketentuan pasal tersebut bukan merupakan delik aduan akan tetapi perbuatan tindak pidana tersebut merupakan delik biasa dan akan di proses baik ada atau tidak nya pengaduan dari pihak korban, dengan demikian untuk dikategorikan sebagai delik aduan pada undang-undang nomor 23 tahun 2004 adalah ketentuan yang secara tegas diatur dalam Bab ke tujuh pada pasal 44 ayat 1,pasal 45 ayat 2 serta pasal 46 undang-undang nomor 23 tahun 2004 Kata kunci : kategori;delik aduan
ASAS PRADUGA TAK BERSALAH DALAM PROSES PENYIDIKAN
Solusi Vol 21 No 1 (2023): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v21i1.805

Abstract

The principle of presumption of innocence is regulated in the Criminal Procedure Code (KUHAP) and Law Number 48 of 2009 concerning Judicial Powers. One of the duties of the Investigator (police) is to conduct an examination of alleged criminal acts. Examination carried out by investigators in the context of investigation (examination) to obtain information and clarity about the elements of the alleged crime against the suspect, so that the position of a person (suspect) in a crime becomes clear. In the process of investigating a crime, the investigator (police) is required to apply and uphold the principle of the presumption of innocence, that a suspect must be presumed innocent before a court decision that has legal force remains declared guilty. The protection of the suspect's rights during the investigation process must be respected in accordance with the provisions of the applicable laws and regulations. The rights of the accused have been recognized and regulated in the provisions of the criminal procedural law and human rights law. Legal protection for suspects in the investigation process is by recognizing the rights of suspects by upholding human rights, and must apply the presumption of innocence. In the process of investigating suspects, investigators (police) do not have to pursue confessions from suspects, but investigators in determining criminal offenders to become suspects must be based on sufficient preliminary evidence. So that the legal process can run well and in accordance with applicable legal regulations
JAKSA PENYIDIK DAN PENUNTUT UMUM DALAM PIDANA KORUPSI MENURUT HUKUM ACARA PIDANA INDONESIA
Solusi Vol 21 No 1 (2023): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v21i1.808

Abstract

The purpose of the study was to determine the investigation process and the relationship between investigators and public prosecutors in the process of investigating criminal acts of corruption. This research is a normative legal research. By using secondary data consisting of primary legal materials, secondary legal materials including tertiary legal materials. The Criminal Justice System outlined by the Criminal Procedure Code is an integrated criminal justice system (SPP), so the role of the prosecutor in addition to being a public prosecutor as well as an investigator is not in accordance with the principles of the integrated criminal justice system. Therefore, in an integrated criminal justice system, there is mutual supervision among the components of the criminal justice system, especially those related to investigation and prosecution. This can be seen from the existence of a pretrial hearing regulated in Article 77 of the Criminal Procedure Code.Eradication of criminal acts of corruption is influenced by the work of the integrated criminal justice system (SPPT), the prosecutor's office has divided the powers of investigation and prosecution, but in practice it is still unclear how the horizontal supervision will be in the event of dual powers of prosecutors, investigators and public prosecutors in corruption crimes.
ISBAT NIKAH SUDUT PANDANG UNDANG-UNDANG PERKAWINAN
Solusi Vol 21 No 1 (2023): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v21i1.810

Abstract

Marriage Isbat is an application for marriage validation that is submitted to the Religious Court to declare the marriage valid and has legal force. Marriage certificate is the determination of the marriage of a man with a woman as husband and wife which has been carried out in accordance with the provisions of the Islamic religion, that is, the conditions and pillars of marriage have been fulfilled. However, this previous marriage has not been or has not been registered with the competent authority. Through marriage certificates, marriage becomes legal according to their religion, legal certainty, so that the legal consequence of having a marriage registration is that marriages are considered valid, both according to their respective religions and beliefs, and legal according to the law because they have been recorded at the Office of Religious Affairs (KUA) or the Registry Office. Civil. The status of the child born in the marriage has a good civil relationship with the mother and father, giving rise to inheritance rights for the child and his parents (father).
SANKSI HUKUM TERHADAP PELAKU KEJAHATAN KEMANUSIAAN DI INDONESIA
Solusi Vol 21 No 1 (2023): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v21i1.811

Abstract

A crime against humanity according to Article 9 of Law Number 26 of 2000 concerning the Human Rights Court is an act committed as part of a widespread or systematic attack in which it is known that the attack was directed directly against the civilian population. The problem in this paper is about legal sanctions against perpetrators of crimes against humanity in Indonesia based on Law Number 26 of 2000 concerning the Human Rights Court?. The legal sanctions are contained in Law No. 26 of 2000 that the punishment that can be imposed is regulated in Chapter VII concerning Criminal Provisions which includes Articles 36 to 42. Criminal threats are regulated in Articles 36 to 40 of Law No. 26 of 2000 about the Human Rights Court.

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