Solusi
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Published By Universitas Palembang

2597-680x, 0216-9835

Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 336-357
Author(s):  
Johansyah Johansyah

The purpose of this study is to find out and analyze the evidentiary process at the trial in a State Administration dispute involving evidence, the burden of proof and evaluation of the evidence carried out in the State Administrative Court. This type of research is normative legal research. Proof is a procedure for establishing evidence of a fact in a State Administration case to be used as a basis for consideration in passing a decision. In general explanation of Law Number. 5 of 1986 stated that the teaching of proof used in the State Administrative Court is the teaching of free proof, in the State Administrative Court, the judge plays a more active role in the trial process to obtain material truth. An administrative suit does not in essence delay the implementation of the disputed State Administration Decree. The judge has the authority to provide an assessment of the results of evidence in examining, deciding, and resolving State Administration Disputes based on Article 107 of Law Number 5 of 1986.


Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 285-302
Author(s):  
Marsidah Marsidah

Every bank loan must be stated in a written credit agreement. Bank credit agreement is a standard agreement with the contents or clauses of the bank credit agreement that has been standardized and set forth in the form of a form (blank), but not bound in a certain form. The validity of the credit agreement lies in public acceptance and business traffic to facilitate standard agreements in general is an unequal clause between the creditors (banks) and debtors (customers) which causes the principle of balance in the agreement as if not fulfilled. Based on the foregoing, the formulation of the problem in this paper is What are the standard clauses in a bank credit agreement. While the purpose of this paper is to describe, know and understand the forms of standard clauses in bank credit agreements. In connection with the problem under study are the forms of standard clauses in bank credit agreements including credit facilities, interest rates, bank power, bank repayment guarantees, precedent loans, credit collateral, affirmative and negative covenants, bank actions in saving loans, event of default, legal choice, start the entry into force of the credit agreement.


Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 303-316
Author(s):  
Evi Purnamawati

This study analyzes the power of the questionnaire rights of the House of Representatives of the Republic of Indonesia. The House of Representatives is a House of Representatives and holds the power to form laws. The House of Representatives has the functions of legislative and legislative oversight. This research uses research methods using the method of literature (ribarary research). Type of normative juridical research through approaching legislation and conceptual approach of the research results of the House of Representatives, which essentially has the power to form the current law, the power began to widen towards supervision and budget, actually with the oversight function of the House of Representatives (DPR) towards the executive in practice the meaning of the teaching of separation of powers began to shift, the teaching of separation of powers between state institutions must not intervene with one another. In carrying out its functions the DPR has the right of Interpellation which is the right to request information from the Government in handling Government policies that have an impact on the life of society and the state. In addition, the DPR has the Right to Question, namely the Right to Investigate Government policies that are alleged to be in conflict with laws and regulations and express opinions outside the institution. Members of the DPR have the right to submit draft laws, ask questions, submit proposals and opinions, defend themselves, the right of immunity, and the right to protocol. The recommendation of this research is that the writer suggests that the DPR should make the regulation on questionnaire rights clearer especially about the process of using the questionnaire right so that there is no multi-interpretation so that violations do not occur in the process of using the inquiry right.


Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 317-335
Author(s):  
Asuan Asuan

Internet banking is one of the bank's services to customers to obtain information, communicate and conduct banking transactions through the internet network, the implementation of which customers already have a bank account, ATM and User ID and PIN to conduct banking transactions through internet banking based on article 1320 and 1338 Civil Code. Act Number 10 of 1998 concerning Banking in article 5 concerning types of banks, namely commercial banks and people's credit banks and article 40 regarding bank secrecy, including matters of banking transactions through internet banking and legal protection provided by banks regarding the confidentiality of customer data. Disputes on banking transactions through internet banking (banks and debtors) can be resolved by referring to agreements agreed upon by the parties, dispute resolution can be done through court (litigation) or outside the court (non-litigation) based on Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution in article 6 concerning general disputes that can be resolved through arbitration.


Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 269-284
Author(s):  
Barhamudin Barhamudin

The purpose of this study was to determine the independence of judges in accordance with Law Number 48 of 2009 in Statesperson's Perspectives. The research is a normative legal research that uses the law approach and the concept approach and data sources in this study are Primary Legal Materials; Secondary Legal Material and Tertiary Legal Material, the study found that all Judges must have the quality of statesmanship not just Constitutional judges, even those judges must behave and behave as statesmen, because judges are required to be impartial or independent in their duties to uphold truth based on law and justice. Judges must have the knowledge and expertise in administering the state, sufficient field of experience, and commitment to carry out and oversee the life of the state in accordance with the constitutional corridor. The judges are essentially statesmen, if seen from their duties and functions to uphold law and justice, not for the interests of others other than for the interests of the state, are not the elements of the state reflected in the interests of the people. Judges have the freedom to carry out their duties judicially and only answer to God.


Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 247-257
Author(s):  
Farrah Rizky Amelia Mirza

Dispute resolution through alternative channels is arbitration known since the conflict with Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Arbitration is a method of civil approval outside the general court made based on an arbitration agreement made by the parties to the dispute. Ad-hoc arbitration is an arbitration specifically designed to resolve or reduce certain disputes, or in other words, ad-hoc arbitration is incidental. Arbitration decisions can be returned if it is agreed to contain no-no in Article 70 letter (a), (b), (c) Law Number 30 Year 1999. Can be proven by one of the disadvantaged parties, it can be asked. Cancellation to the Chair of the District Court and being received by the Chair of the Supreme Court requesting an examination of the cancellation of the arbitration award at the first and last level. The Judicial Review (PK) can also be used in arbitration disputes that have permanent legal requirements, asking PK to be asked to the Supreme Court, which is submitted requesting PK to approve the arbitration decision, will be the decision of the Chair of the District Court to support the cancellation of the award.


Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 234-246
Author(s):  
Wicaksono Putra Hariyadi

Forest damage due to illegal logging and logging is known as illegal logging. Legal protection of the rights of indigenous and tribal peoples to the negative impacts of illegal logging based on the concept of national law and customary law can be done by protecting the interests of indigenous peoples, particularly through legislation, namely Article 67 Article (1) (2) and (3) of the Law Law No. 41 of 1999 concerning Forestry. The need for legal protection for indigenous peoples is vulnerable to violations or neglect of their human rights. The state has the responsibility to promote, protect and uphold human rights against its citizens.


Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 203-222
Author(s):  
Azizi Noviansyah

The result of this research is the implementation of the Mandatory Membership Principle On Labor Social Security System are through Evaluation of Membership, Membership Additions Growth Analysis, Analysis of Active Participation, support from the Human Resources and through  BPJS Ketenagakerjaan Branch Office Palembang Operations and Services programs. The limiting factors of the Implementation are : the existence of other private insurance agencies; the lack of public and companies awareness; administrative sanctions on employers; limited informal sector workers membership growth; and the differences in the calculation of the value of contributions to be paid by the company. Supporting factors are : efforts of the government to rise Law No. 24 of 2011 concerning the Social Security Administrator Agency (BPJS); firmness of the law enforcers; good coordination among agencies from central to local levels; socialization by cooperating with the mass media; service and the ease of access registration system through E-Channel.


Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 258-268
Author(s):  
Susi Yanuarsi

The global environmental problem is a reflection of the international community on the occurrence of environmental damage and pollution that has engulfed the world due to development. Problems can be formulated on how the global impact of international environmental law conventions on environmental law in Indonesia. International conferences in the global environmental field will certainly have an effect on Indonesian legal politics in the environmental field. Government policies ratified various international conventions related to environmental protection. The environmental protection and management policy provides the concept of sustainable environmental development. Existing environmental legal instruments should be consistently enforced especially in the enforcement of environmental law. The importance of awareness of all components of the nation to develop the Indonesian state by relying on sustainable environmental development.


Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 223-233
Author(s):  
Fitriah Fitriah

The legal protection of patients' rights participating in the Health Social Security Administering Board (BPJS), in obtaining government health services, issued Law Number 24 of 2011 stipulating two State-Owned Enterprises namely PT Askes (Persero) and PT Jamsostek (Persero) to be changed in form became a Public Service Agency to carry out five programs mandated by Law Number 40 of 2004, namely the Health Insurance program for Health BPJS and other programs submitted to BPJS Employment. Hospitals in providing health services to BPJS participants are constrained by the unmet fulfillment of facilities and infrastructure in accordance with applicable standards and the non-fulfillment / availability of consumable medicines and medical materials needed. The provision of Article 49 of Law Number 24 Year 2011 states that for those parties who feel disadvantaged and their complaints cannot be resolved by the quality control unit, dispute resolution can be done through a mediation mechanism. Settlement agreements through mediation must be in writing, final and binding. In the case of complaints that cannot be resolved by controlling the quality of services and handling complaints by participants through the unfinished mechanism of dispute resolution, it can be submitted to the District Court in the area where the applicant lives.


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