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INDONESIA
Ilmu Hukum Prima
Published by Universitas Prima Indonesia
ISSN : 20885288     EISSN : 26142244     DOI : https://doi.org/10.34012
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal ilmu hukum prima merupakan salah satu sumber bacaan yang sangat penting bagi kita untuk mengupdate informasi-informasi hukum yang terbaru. Hal ini disebabkan karena jurnal hukum biasanya memuat informasi mengenai hukum yang kontemporer dan up to date. Informasi yang disajikan dalam jurnal tidak menyerupai berita seperti yang dapat kita temukan pada halaman koran namun juga memuat analisa-analisa terhadap suatu masalah hukum yang sangat baik untuk menambah khasanah berpikir kita sekaligus sebagai bahan diskusi yang cukup menarik.
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Articles 250 Documents
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SISTEM PELAKSANAAN DISKRESI SECARA HUKUM OLEH KEPOLISIAN SEBAGAI APARAT PENEGAK HUKUM DALAM PEMOLISIAN YANG DEMOKRATIS Joy Christ Prilendo Sembiring
Ilmu Hukum Prima (IHP) Vol. 5 No. 1 (2022): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v5i1.2455

Abstract

The application of discretion is the policy of the office that essentially allows public officials (including the police) to carry out policies that violate the law, on three conditions, namely in the public interest, still within the limits of their jurisdiction, and do not violate the General Principles of Good Government. Data analysis is done qualitatively by collecting primary, secondary and tertiary legal materials related to research. The results of the analysis obtained are: the concept of police discretion as a law enforcement officer in the future in democratic policing is characterized by reforms from within the police body itself, namely through structural aspects, instrumental aspects and cultural aspects. The existing laws and regulations in the regulation of the performance of the State Police of the Republic of Indonesia, especially in the discussion of discretion, are adequate and there is no overlap between one law and another. It takes understanding of the police in interpreting and applying the provisions of existing rules so as not to become a negative assessment in the community due to improper abuse of police authority in the implementation of discretionary resolving cases. That it required oversight both internally and externally of police performance both personally and in groups. It can also be by improving the quality of police resources by means of formal education or training so as to build a responsible attitude to maintain the image of the police in the community and in accordance with the assessment of the Code of Ethics of the State Police of the Republic of Indonesia.
OPTIMALISASI PENGAWASAN DAN PEMBINAAN HAKIM MENUJU KEKUASAAN KEHAKIMAN YANG BERINTEGRITAS DAN BERMARTABAT Andi Hakim Lubis; Junaidi Lubis; Said Rizal
Ilmu Hukum Prima (IHP) Vol. 5 No. 1 (2022): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v5i1.2456

Abstract

In carrying out its duties and functions as a mouthpiece of justice, it is necessary to carry out the function of monitoring and fostering judges optimally. So that every decision that has been determined by the judge maintains its authority and is still able to uphold the truth in maintaining its integrity and dignity. Because the judge's decision always contains instructions for the sake of justice based on the Almighty God and the decision must be accountable horizontally to the community and vertically to God Almighty. The research method used is normative legal research. This research is descriptive analytical. The data collection technique is done by means of literature study. The results of the study, namely the direction of supervision and guidance of judges that are relevant to actual problems related to the quality of judge decisions, will center on fostering a philosophical mindset, by introducing the philosophy of legal hermeneutics as a method for understanding texts and comprehensive facts, so that the quality of judge decisions always begins with a philosophical legal considerations that reflect the values ​​of philosophical justice contained in Pancasila. Because the judicial power is exercised based on the philosophy of Pancasila and the 1945 Constitution.
ANALISIS YURIDIS PENYELESAIAN SENGKETA HAK MILIK DI ATAS TANAH FASILITAS UMUM (STUDI KASUS PUTUSAN NO.20/PDT.G/2013/PN-SBG) RIYANI ARSYA PUTRI
Ilmu Hukum Prima (IHP) Vol. 5 No. 1 (2022): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v5i1.2457

Abstract

Land registration facilitates land title holders easily prove the ownership rights over their land. Despite the good administration of land title, some problems are still found about it. As an instance, a dispute over land title to the land used as a public facility. This problem gets complicated due to the collision between all parties who own land title certificate as the supreme ownership right to land conferred by the government and the right of government to control the country who turns the land into a public facility. The plaintiff in ruling number 20/Pdt.G/2013/PN-SBG sues the defendant for committing a violation of the law by issuing a land title certificate under the defendant’s name to the dispute object. The research problems are about what factors cause issuance of land title certificate to the land used as a public facility as mentioned in the ruling number 20/Pdt.G/2013/PN-SBG, how the judge’s consideration is in sibolga district court ruling number 20/Pdt.G/2013/PN-SBG, and how the legal consequences are for the employs normative juridical method with descriptive analysis, which provides detailed and systematical description about the problems. The results of this research demonstrate that two certificates of land title to different persons can be issued due to the land registration officers’ dishonesty and frequent neglect to the provisions requering the owners of land direcly adjacent to the land that is measured to witness the measurement and/or results of the measurement. The ground of judge’s consideration in the hearing of this case is the lawsuit filed by plaintiff stating that defendant has committed and unlawful act; thus, the judge declares that the land title certificate under the name of defendant I is null and void because of overlapping issuance of land title, and that the action committed by defendant I is considered a violation of the law. In additon, the land title certificate held by the defendant is declared to be legally and administratively defective in its registration, so that it is declared to be null and void by the panel of judges.
IMPLEMENTASI BUKU III KUHPERDATA TENTANG PERIKATAN PADA PERJANJIAN KERJASAMA ANTARA PT. BANK RAKYAT INDONESIA (PERSERO) TBK, DENGAN AGEN BRILINK. (STUDI PADA PT. BANK RAKYAT INDONESIA (PERSERO) TBK, UNIT STABAT) TRI SUCI RIYANTI
Ilmu Hukum Prima (IHP) Vol. 5 No. 1 (2022): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v5i1.2458

Abstract

Through Financial Service Authority (henceforth referred to as OJK), Indonesian Government, creates Branchless Banking to improve financial service and products. PT. Bank rakyat Indonesia (henceforth to as BRI) Tbk, launches BRILink and is bound in a cooperation agreement with BRILink agents to serve banking transactions for society. Some problems are found concerning implementation of the agreement such as imbalanced status between both parties’ causing obstacles in term of both parties’ right and obligation. These obstacles are encountered during the implementation of the agreement between BRI and BRILink agents, particularly in the working area of BRI Unit Stabat. This jurnal analyzes the implementation of principle of balance in the freedom to make agreement as well as all parties’ right, obligations and liabilities in the event of violations and the encounter of abstacles and solutions for them in the implementation of the agreement between BRI and BRILink agents. The results of this research demonstrate that the principle of balance in the cooperation agreement between PT. BRI and BRILink agents has to be grounded on the principle of good faith in order to create mutually beneficial relationship for both parties because their status in this agreement is factually imbalenced if assesed from power, psychological, and economical sides. All parties in this agreement have rights, obligations, and liabilities specified in the clauses that shall be implemented; and, in the event of a default, they are imposed by the sanctions in line with the contents of the agreement and the prevailing laws and regulations. Consensus meeting shall be taken precedence over other method to settle any obstacles encountered during the implementation of this agreement such as transaction failure, transaction target, profit share, and force majeure.
TANGGUNGJAWAB HUKUM BAGI NOTARIS TERHADAP AKTA YANG DIBUATNYA SECARA PERDATA Sugih Ayu Pratitis; Rehulina rehulina
Ilmu Hukum Prima (IHP) Vol. 5 No. 1 (2022): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v5i1.2513

Abstract

The notary is a public official who is authorized to make an authentic deed, as long the making of the authentic deed is not reserved for other public officials. A notary as a public official is a person who carries out some the public functions of the state, especially in the field civil law. Making authentic deeds is required by laws and regulations to create certainty, order, and legal protection. This study uses normative juridical approach, using primary law, especially regarding the laws and regulations concerning the Notary Position. In this study, data were collected through study of documents and literature studies. Research on secondary legal materials derived from library sources in the form of books, articles, and interviews as a compliment. The data will be analyzed descriptively qualitatively.Civil liability of a Notary who commits an unlawful act is that the Notary is obliged to account for his actions by being sentenced to civil sanctions in the form of reimbursement costs or compensation to parties who are harmed for unlawful acts committed by the Notary. However, before the Notary is sentenced to civil sanctions, the Notary must first be able to prove that there has been a loss caused by the unlawful act the Notary against the parties.
POLITIK HUKUM PERLINDUNGAN NELAYAN TRADISIONAL TERHADAP ILLEGAL FISHING Andi Putra Sitorus; Dearma Sinaga
Ilmu Hukum Prima (IHP) Vol. 5 No. 1 (2022): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v5i1.2514

Abstract

The wealth of fisheries in Indonesia is very large, because Indonesia's ocean area is very wide covering two-thirds of the total territory of the State of Indonesia. This wealth will become useless when it only becomes an easy target for illegal fishing actors, whether it is carried out by corporations or individuals from foreign countries or within their own country. Traditional fishermen are always on the disadvantaged side because of their weak position both managerially and the lack of facilities and infrastructure they have. The government must make policies in the form of legal politics in favor of traditional fishermen, so that traditional fishermen are the spearhead of the management of Indonesia's marine wealth. The method used in writing this thesis is to use a normative juridical approach. The types of data used are primary data, secondary data, and tertiary data. While the method of data collection is done through library research (Library Research). The results of this study show us that the government has made legal policies/politics to protect traditional fishermen in the form of products of laws and regulations at the level of laws and regulations below. In addition, there are also several direct policies carried out in the field related to efforts to protect traditional fishermen related to illegal fishing.
PELAKSANAAN EKSEKUSI JAMINAN FIDUSIA BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019) Rehulina Rehulina; Andi Putra Sitorus
Ilmu Hukum Prima (IHP) Vol. 5 No. 1 (2022): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v5i1.2515

Abstract

Collateral has a very important function in economic activity in general because providing capital loans from financial institutions (both banks and non-banks) requires the existence of a guarantee, which must be fulfilled by capital seekers if they want to get a loan / additional capital both for the long term and for the long term. short term, such as a fiduciary guarantee. what is the procedure for the execution of fiduciary guarantees after the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019 This research is normative legal research (legal research). The purpose of this research is to find out how to transfer fiduciary security ownership rights after the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019 which has so far transferred fiduciary security rights based on Law Number 42 of 1999 concerning Fiduciary Guarantees. Execution of executory titles, sale of objects that are objects of collateral through public auctions, underhand sales carried out based on an agreement between the Giver and the Fiduciary Recipient if in this way the highest price can be obtained that benefits the parties. However, after the issuance of the Constitutional Court's decision 18/PUU-XVII/2019, which provided a legal interpretation that the executive power of the Certificate.
TINJAUAN YURIDIS BUY BACK GUARANTEE SEBAGAI ALTERNATIF TERHADAP PENYELESAIAN DEBITUR BERMASALAH ATAS KREDIT PEMILIKAN RUMAH BERSUBSIDI PADA BANK (STUDI PADA BANK DI SUMATERA UTARA) TENGKU OCVAN RANDY
Ilmu Hukum Prima (IHP) Vol. 5 No. 1 (2022): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v5i1.2532

Abstract

One of the risk mitigation instruments which mostly used by banks in providing Subsidized/Sejahtera mortgage facilities is the Guarantee Agreement. The Guarantee Agreement is commonly known as the Buy Back Guarantee Agreement or the Guarantee Agreement to Buy Back. This agreement is not only contained in Cooperation Agreement clause between bank and developer, it is also stated in the form of a deed in the form of a Buy Back Guarantee Agreement or a guarantee deed to buy back the object of the house collateral by guarantor or insurer. Buy Back Guarantee agreement as an alternative for loan guarantees, namely the provision of guarantees and transfer of right to developers to buy back home guarantees from debtors who experience non-performing loan with the condition of the Land Title Certificates not being complete or solving certificates on process, the legal correlation between developer and debtor is still in the form of a Sale Binding Agreement and/or Mortgage Certificate has not yet been issued. However, in practice, the implementation of the Buy Back Guarantee still encounters many obstacles, either form developer, debtor, and bank side. The research employs normative juridical method, namely the method which is based on applicable legal norms sourced from secondary data consisting of primary, secondary, and tertiary legal materials. Aside of that, to complete the research, the author collect the data from interview of related sources, such as the Banking/Creditor, the Subsidized Housing Developer, and the Notary/Land Deed Maker (PPAT). From the research results it is found that the legal force of the Buy Back Guarantee Agreement as an alternative for non-performing loan settlement in KPR Sejahtera financing does not have executive power as the guarantee deeds that have been regulated and used at guarantee institution. The implementation/execution of the Buy Back Guarantee by the developer in accordance with the agreed agreement must be carried out since the developer receives a notification/request letter from the bank, but in practice, developer almost never carry out buy back on the house collateral directly. The obstacle in implementing the Buy Back Guarantee Agreement in KPR Sejahtera financing are from the developers, debtors, and banks themselves.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM PERJANJIAN JUAL BELI ALAT KESEHATAN Septian Adi; Martika Dini Syaputri
Ilmu Hukum Prima (IHP) Vol. 5 No. 2 (2022): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v5i2.2741

Abstract

Kepentingan pengaturan kontrak adalah untuk menjamin pertukaran kepentingan, hak dan kewajiban, agar berlangsung secara proporsional bagi para pihak. Dalam pelaksanaan perjanjian jual beli alat-alat kesehatan melibatkan banyak pihak yang saling berinteraksi satu dengan lainnya dengan berbagai macam kepentingan perbedaan-perbedaan tujuan, pandangan, pendapat dari masing-masing pihak akan dapat berpotensi menimbulkan konflik. Konflik tersebut harus segera diselesaikan dengan cara yang tepat untuk meminimalisir pengaruh buruk terhadap keberhasilan jual beli alat-alat keshatan yang dikenal memiliki kompleksitas yang tinggi dan rumit serta menimbulkan persepsi bahwa kedudukan antara penyedia barang sebagai penjual / distributor dan pihak konsumen dalam hal ini rumah sakit / dokter tidak proporsional. Kedudukan antara pihak penjual dan rumah sakit sebagai customer adalah sejajar dan sebagai mitra kerja. Hal ini menunjukkan bahwa ada tujuan untuk mengetahui bagaimana konsep dan standart baku pembuatan kontrak jual beli antara pihak penjual dengan pihak rumah sakit atau dokter sebagai pihak pembeli atau customer serta mengenai asas-asas perjanjian (contract principles) dalam melakukan atau membuat suatu kontrak.
PELAKSANAAN PENGANGKATAN ANAK YANG MENYEBABKAN PEMUTUSAN HUBUNGAN NASAB DENGAN ORANG TUA KANDUNG DITINJAU DARI PERATURAN PEMERINTAH NOMOR 54 TAHUN 2007 TENTANG PELAKSANAAN PENGANGKATAN ANAK (STUDI DI DESA TANJUNG MEDAN, KABUPATEN LABUHAN BATU SELATAN) Darnedy Kurnia Santi; T.Keizerina Devi A; Idha Aprilyana Sembiring; Yefrizawati -
Ilmu Hukum Prima (IHP) Vol. 5 No. 2 (2022): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v5i2.2766

Abstract

Adoption of a child is the transfer of a child from biological parents to adoptive parents, where the responsibility of the biological parents also shifts to the person who adopted him. However, there are discrepancies in the adoption process as happened in the Tanjung Medan Village area, South Labuhanbatu Regency, in this case there are people who adopt as many as 14 families, there are 5 families who take action to terminate the kinship relationship between the child's biological parents. with his son. This is of course not in accordance with Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption. The purpose of this study was to determine whether the process of implementing child adoption in Tanjung Medan Village, South Labuhanbatu Regency was in accordance with PP Number 54 of 2007, to determine the cause of the termination of kinship relations with biological parents during the adoption process that occurred in Tanjung Medan Village, Kabupaten Tanjung Medan. Labuhanbatu Selatan, and to find out that the legal protection for adopted children is not in accordance with the adoption process as regulated in PP number 54 of 2007. This research method uses a normative juridical approach and an empirical juridical approach. The data used are primary data and secondary data. All data were analyzed by qualitative data analysis method. Based on research, the implementation of child adoption in Tanjung Medan Village is currently not in accordance with Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption, therefore there is a need for cooperation between the village head and parents who want to adopt children to be given counseling about the implementation adoption of children in accordance with statutory regulations.

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