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INDONESIA
Solusi
Published by Universitas Palembang
ISSN : 02169835     EISSN : 2597680X     DOI : -
Core Subject : Social,
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 76 Documents
EKSISTENSI WARALABA (FRANCHISE) MENURUT PERATURAN PEMERINTAH NO. 42 TAHUN 2007 SEBAGAI PERJANJIAN INNOMINAAT Asuan, Asuan
Solusi Vol 15 No 3 (2017): SOLUSI
Publisher : Fakultas Hukum Universitas Palembang

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Abstract

This research with normative juridical method. The juridical approach is the approach to the problem by looking in terms of the prevailing laws and regulations regarding the law of the treaty, the existence of Franchise (franchise) according to Government Regulation no. 42 of 2007 as an Innominaat Agreement ". Normative is an approach that uses secondary data with the preparation of a conceptual framework. Normative research is conducted to obtain legal materials in the form of theories, concepts and legal principles derived from the literature in the form of Laws, Government Regulations, Civil Code and the literature-literature, lecture materials and other sources related to problems. By using legal materials such as primary legal materials, secondary legal materials and tertiary legal materials. Result of research: franchise agreement is one of agreement form which involves franchisor as franchisor, franchisee who accept franchise, and Department of Industry and Trade fostering franchise industry. This legal relationship creates rights and obligations that are binding on the franchisor and franchisee. The franchise agreement includes an unnamed agreement (innominat agreement) governed outside the Civil Code. In violation of the franchise agreement the dispute settlement can be done through a court (lawsuit), a musyawara and or through an arbitration body regulated by Law of the Republic of Indonesia Number 30 Year 1999 on Alternative Dispute Settlement and Arbitration. While the legal sanction in violation of franchise agreement is regulated in Article 16 of Government Regulation Number 42 Year 2007 where legal sanction in the form of administrative sanction is done through 3 (three) stages, giving written warning, fine and / or revocation of registration letter of franchise.
ETIKA BISNIS DALAM HUBUNGANNYA DENGAN TRANSFORMASI GLOBAL DAN HUKUM KONTRAK SERTA PERBUATAN MELAWAN HUKUM Siahaan, Hotman
Solusi Vol 15 No 3 (2017): SOLUSI
Publisher : Fakultas Hukum Universitas Palembang

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Abstract

  This research uses normative juridical research method. The results of the study are: The basis of business ethics in Indonesia should be the same as business ethics around the world. Business ethics is also part of the culture of the community concerned. Therefore, the business ethics of Indonesian society must reflect the culture, civilization, values of religious character of the Indonesian nation.
BENTUK HUBUNGAN HUKUM ANTARA BANK DENGAN NASABAH Yanuarsi, Susi
Solusi Vol 15 No 3 (2017): SOLUSI
Publisher : Fakultas Hukum Universitas Palembang

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Abstract

This research uses normative jurisis method. research results: an important aspect in the legal relationship between the customer and the bank is an agreement between the two, which is usually made unilaterally by the bank. With the development of law and the entry of the law of the Anglo-Saxon State, the treaty as stipulated in the Indonesian Civil Code has been shifted. Formally the legal relationship between the bank and the customer was born since the signing of the application form or the opening of the customer's account at the bank. With the opening of the account, the legal relationship between the customer and the bank creates the rights and obligations of both parties.
EKSISTENSI BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) DALAM PENYELESAIAN SENGKETA KONSUMEN (KAJIAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN) Rizayusmanda, Rizayusmanda
Solusi Vol 15 No 3 (2017): SOLUSI
Publisher : Fakultas Hukum Universitas Palembang

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Abstract

The objective of the study is to describe and analyze the existence of dispute resolution bodies in the dispute resolution of the consensus (Law review number 8 of 1999 on Consumer protection). This research uses normative juridical research. The result of the study: the protection of the cosumen is related to the global business world. The process of dispute occurs because of the absence of common ground between the parties to the dispute. This paper is a normative legal research that is research conducted or directed to the written regulations or other legal materials related to the role of Consumer Dispute Settlement Agency (BPSK) as well as the mechanism of dispute resolution of consumers, and the factors that become constraints of Dispute Settlement Agency Consumers in resolving consumer disputes. Under the provisions of Consumer Protection Act No. 8 of 1999, the role of Consumer Dispute Settlement Board is very helpful in resolving consumer disputes. The mechanism of consumer dispute resolution has been regulated in Article 54 of the Consumer Protection Law Number 8 Year 1999, and is followed up by the issuance of Presidential Decree No. 90/2001 on Technical Guidelines for the Establishment of Consumer Dispute Settlement Bodies at the Regency / City level, the factors that constrain the Consumer Dispute Settlement Board in resolving consumer disputes are 1) institutional / institutional constraints; 2). Funding constraints; 3) .the constraints of human resources; 4) regulatory constraints; 5). lack of socialization to the community; and 6) lack of understanding from the judiciary against consumer protection policies. The role of the Consumer Dispute Settlement Board should be able to act and act more optimally, if in every local government that has had a Consumer Dispute Settlement Agency supporting this institution from both the moral and material aspects, and from the aspect of the regulation, it should be revised by UUPK Number 8 Year 1999 which is currently in force so that the regulations of Presidential Decree and Ministerial Decree can be accommodated into a new law regulating consumer protection.
KEDUDUKAN AHLI WARIS PENGGANTI DALAM KOMPILASI HUKUM ISLAM Barhamudin, Barhamudin
Solusi Vol 15 No 3 (2017): SOLUSI
Publisher : Fakultas Hukum Universitas Palembang

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Abstract

ABSTRACT The purpose of the research is to know the extent of replacement place of heirs in the compilation of Islamic law. Legal research is a scientific activity based on certain methods, systems, and thoughts that aim to study one or all of the laws by analyzing them and this type of research is a normative legal research. (normative juridical), namely leg al research conducted by prioritizing research library or documents called secondary data, in the form of primary, secondary, and tertiary legal materials. The materials obtained from the research that is done secondary data, to the data is done as follows: Selecting the articles and verses and opinions of the jurists who contains the legal precepts that regulate the problem of replacement heirs. The results obtained that the Islamic inheritance law determines, the child can replace his father's position is the son and daughter of the male lineage whose father had died first from the heir, while the boys and girls of the female lineage is not entitled entirely to replace his mother's position to obtain property from his grandfather (heir). The grandson of a new boy can replace his parent's position if the heir does not leave the other surviving son. And the right of the surrendered heir is not necessarily the same as the right of the person to be replaced, nor should it be exceeded from the part of the heirs who are equal to the substituted, but may be reduced. Likewise, based on Article 185 of the Compilation of Islamic Law, grandchild may be the surrogate heir and replace the position of his parents. Grandchildren will have an inheritance equal to the share earned by his parents if he were alive. The surrogate heirs aims to safeguard the right of the beneficiary who should receive the part of the heiress who is passed on to his successor ie his son for continued family survival also strengthens the brotherhood between the heirs and the successor heirs.
Bentuk DanTanggungjawab Atas Terjadinya Keterlambatan Penerbangan (Delay Management) Pada Badan Usaha Angkutan Udara Niaga Berjadwal Di Indonesia Fitriah, Fitriah
Solusi Vol 15 No 3 (2017): SOLUSI
Publisher : Fakultas Hukum Universitas Palembang

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Abstract

After the reform, in Indonesia there are many new airlines in addition to government-owned airlines. Each airline is competing to serve passengers at a low price. Airlines often offer promo tickets. With the tariff war between airlines often forget the protection of the passengers themselves. So the plane often experienced schedule delay, baggage claim lost or the worst: accident accident. To implement the provisions of Law Number 1 Year 2009 on Aviation and provide protection and service of scheduled commercial airline passengers, it is necessary to regulate Flight Delay Management at the Scheduled Commercial Air Transport Agency in Indonesia. Referring to the Law stipulated Ministerial Regulation (PM) concerning the handling of flight delays (Delay Management) at the Business Air Transport Agency Commerce Scheduled in Indonesia. In Ministerial Regulation no. 89 Year 2015 is also described the scope of flight delays and factors causing delays. The factors causing flight delays (Delay Management) at the Scheduled Air Transport Operations Agency in Indonesia (Article 5 PM 89 of 2015) are: Flight management factor, operational tennis factor, weather factor, and other factors. In the event of delayed flight, the airline is responsible for providing compensation and anti-loss to the passenger. Air transport business entities shall compensate in accordance with the category of delay as referred to in Article 3 PM 89 of 2015.
KEBERADAAN DEWAN PERWAKILAN DAERAH (DPD) DALAM KETATANEGARAAN INDONESIA Aspani, Budi
Solusi Vol 15 No 3 (2017): SOLUSI
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Abstract

This research with normative juridical method. The Third Amendment of the 1945 Constitution, has established a new state institution, the Regional Representative Council (DPD). Underlying the formation of the DPD is the desire to better accommodate aspirations and at the same time provide greater role for the regions in the process of political decision-making for matters that are primarily related to the region. The above matter raises two problems, namely: 1 What is the function and authority of DPD in the Indonesian state administration system? 2. How far does the role of the DPD play in the decision-making process of state policies? The type of research used normative juridical research methods, and by using Primary Legal Material in the form of Shrimp-Invitation relating to Regional Representative Council and Legal Material in the form of Scripts in the form of literature and Tertiary Law Material in the form of research material taken from the internet, articles and opinions. Result: The function and authority of DPD in Indonesian state administration system is very limited, namely: a. DPD functions are limited to proposing, participating in discussions, giving consideration and supervision of certain laws. b.The authority of the DPD only deals with certain laws relating to regional autonomy and may give consideration to the DPR when the DPR exercises its authority.The role of DPD in the decision-making process of State policy is: a Explicitly the role of DPD is only limited to propose the proposal to participate in the deliberation, consideration, and supervision of certain laws.b.As the implicit role of DPD as a state legislative institution is very limited, as well as discussing and not as a breaker such as the House of Representatives (DPR).
PEMUNGUTAN PAJAK DI INDONESIA Purnamawati, Evi
Solusi Vol 15 No 3 (2017): SOLUSI
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Abstract

Tax imposition among tax subjects is balanced with ability that is balanced with the income they enjoy under government protection. The tax levied must be based on the law so as to ensure the legal certainty, both for tax authorities as tax collectors and taxpayers as taxpayers. The research method using the normative research type, the result of the discussion of tax collection should be done sehemat (as efficiently) not to the cost of tax levy greater than the tax revenue itself. The system used in taxes through 3 (three) are: Official assessment system, self assessment system with holding system, factors that hinder tax levies in Indonesia, lack or absence of public awareness, centralized central government authority in the supervision of local tax collection, the preparedness of the region in handling the tax dispute, the granting of licenses, the recommendations and the execution of public services that are less or incompatible with the scope of its duties, the tax conclusions are paid by the taxpayer at maturity or when conducting taxable taxable items managed by the Central Government there are also taxes levied by the Provincial Government either District or District / City, Provincial Tax and City District. Lack of citizens' awareness of the obligation to pay taxes even some taxes are perceived as coercive for citizens.
ANALISIS YURIDIS HUBUNGAN PEMERINTAH DAERAH DAN DEWAN PERWAKILAN RAKYAT DAERAH MENURUT UU NOMOR 23 TAHUN 2014 Sugianto, Bambang
Solusi Vol 15 No 3 (2017): SOLUSI
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Abstract

The purpose of this study is to explain and analyze the relationship of local government and regional representatives Deawan. This research uses normative juridical method. Results of research In carrying out its duties and functions despite the equal position between the Regional Government and the DPRD. Supervision remains in place as the duties of the DPRD always exercise good oversight of the government in running the wheels of the government and include supervision of the use of APBD and Regional Policies. The working relationship of Local Government with DPRD according to Law Number 23 Year 2014 on Regional Government, namely:1.Relationship in the making of Regional policy, 2. Discussion and Ratification of Regional Regulations, 3. Relationship in the discussion of Regional Expenditure Budget Plan (RAPBD), 4. Relationship in the field of personnel, 5.Hubungan In the Policy on the management of Regional Goods, 6. Relations in the field of Policy and political supervision of the region.
PENGARUH KEBERADAAN ANGKUTAN BERBASIS ON-LINE TERHADAP KESADARAN HUKUM KONSUMEN Marsitiningsih, Marsitiningsih
Solusi Vol 15 No 3 (2017): SOLUSI
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Abstract

The existence of on-line transport is the answer to the public's complaints about the current conventional transport conditions. The development of online transportation services is much more beneficial to the consumer community because of the ease of access and a much more transparent and targeted system. Although the existence of this online transportation service threatens the existence of conventional transportation, but consumer choice remains on the online transport. Online transport has created a legal awareness of the community / consumers that is aligned with the objectives of consumer protection.