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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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PEMENUHAN HAK NARAPIDANA PEREMPUAN HAMIL DAN MENYUSUI DI LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS IIA SEMARANG Ula, Rifa Tafa’ul; Ananda, FaridFarid Rizqi
Ilmu Hukum Prima (IHP) Vol. 6 No. 2 (2023): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v6i2.4336

Abstract

The fulfillment of rights for female prisoners at the Women's Correctional Institution Class IIA Semarang experiences several difficulties. Female prisoners have natures that men, such as pregnancy, childbirth, breastfeeding, and menstruation, do not own. In October 2023, there were 2 pregnant female prisoners in Semarang Women's Correctional Facility. The purpose of this research is to find out how the implementation of the Correctional Act in fulfilling the rights of prisoners, especially pregnant women. The method used in this research is an empirical juridical method; primary data is taken from the law, while secondary data is obtained from interviews with prison officers. The result of the research is that the fulfillment of the rights of female prisoners, especially pregnant and breastfeeding women, has been well implemented by statutory regulations, such as a complete clinic with doctors and nurses, extra feeding, immunization, and referral to the hospital when approaching HPL. However, Semarang Women's Prison has several obstacles, such as the need for more facilities, minimal human resources, and a small budget from the government.
MENATA KEMBALI PRINSIP RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA INDONESIA: SEBUAH GAGASAN MENCAPAI IDEALITAS Arsyad, Yusna; M. Wantu, Fence; Ismail, Dian Ekawaty
Ilmu Hukum Prima (IHP) Vol. 6 No. 2 (2023): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v6i2.4438

Abstract

The purpose of this research is twofold: first, to provide a conceptualization of restorative justice principles in Indonesia's criminal justice system; and second, to examine the problematic application of these concepts in that system. Normative legal research, specifically the statutory technique and the conceptual approach, are utilized in this study piece. On top of that, the processed legal materials were analyzed using a qualitative analytical method that relies on interpretation. According to this study's findings, the judicial subsystem in Indonesia, which includes the police, the prosecutor's office, and the Supreme Court, has started to implement the notion of restorative justice. Due to the lack of a legislation governing the implementation of restorative justice in Indonesia, institutional or partial rules and guidelines continue to be used when discussing its application. This brings up the issue of sub-system authority imbalance in the criminal justice system, as well as the lack of consistent guidelines for each sub-system to apply restorative justice. As a result, the various proportional institutions within each sub-system face legal uncertainty. Thus, in order to establish legal clarity on the implementation of restorative justice, Indonesia has to enact legislation that specifically addresses this concept, known as RKUHAP.
MEMBANGUN SISTEM E-GOVERNMENT SEBAGAI TEROBOSAN MELAWAN KORUPSI DI INDONESIA Surbakti, Dedy suryanta; -, Azharuddin; Tanjung, Ahmad Feri
Ilmu Hukum Prima (IHP) Vol. 7 No. 1 (2024): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v7i1.4795

Abstract

Corruption is an act of abuse of power or position for personal or group interests that are detrimental to the nation and State without considering the negative impact on the public interest. E-government encourages the active participation of citizens in monitoring and controlling a government's pace more quickly and efficiently to emphasize the practice of corruption. This research is library research. The research method used in this research is qualitative research. The data sources used are primary and secondary. The research results show that E-government increases transparency, accountability, and administration and increases direct community involvement in monitoring the course of government activities. Some e-government models can be used, such as Government-to-Government (G2G), Government-to-Business (G2B), Government-to-Citizen (G2C), and Government-to-Employee (G2E). Some examples of e-government include e-procurement, e-tendering, e-catalog, labor.go.id page, and Sinar application. Empowerment of competent human resources in the Information Technology (IT) field is essential so that e-government services in Indonesia can be developed, maintained, and optimized correctly so that the prevention and eradication of corruption can be realized with the E-government system.  
Pengaturan Pernikahan di Bawah Umur Menurut Hukum Positif di Indonesia Orias, Marco; Zaenal, Hery Kuniawan
Ilmu Hukum Prima (IHP) Vol. 7 No. 1 (2024): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v7i1.4839

Abstract

Underage marriage, defined as a marriage in which one or both parties have not reached the minimum age prescribed by law, is a complex social issue with far-reaching impacts for individuals, families and communities. The impact of underage marriage which, among others, can increase the risk of complications in pregnancy and childbirth, maternal or infant mortality, child stunting, hampering education, limiting employment opportunities, plunging into poverty, risk of depression, domestic violence and harming the freedom of individual autonomy. For this reason, community participation is needed, including raising awareness about the negative impacts of underage marriage through education and advocacy. On the other hand, the role of the government is also needed, namely by strengthening regulations and law enforcement related to the minimum age of marriage, providing access to education and comprehensive reproductive health services, encouraging economic empowerment programs and improving the standard of living of the community and building cross-sectoral cooperation to prevent underage marriage. This research uses normative legal research, which is descriptive and analytical. The data source used is library data. The data collection technique and tool used is library research. This research analyzes data qualitatively. Based on Article 65 of the Law of Notary Public, the Notary public who makes the deed is responsible for the minutes of the deed he had made even though the minutes of the deed had been handed over to the Notary public holding the protocol. The Notary public holding the protocol is not responsible if there is a lawsuit regarding the contents of the minutes of the deed contained in the protocol he received. The Supreme Court's decision concerns Notary public matters, only considering the lawsuit as lacking parties.
PERTANGGUNGJAWABAN NOTARIS PEMEGANG PROTOKOL TERHADAP KEABSAHAN AKTA NOTARIS TERKAIT DUGAAN ADANYA KESALAHAN DI DALAM MINUTA AKTA YANG DITERIMANYA (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 1791 K/Pdt/2022) -, Tommy; -, Tony; Sembiring, Rosnidar; -, Suprayitno
Ilmu Hukum Prima (IHP) Vol. 7 No. 1 (2024): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v7i1.4962

Abstract

The plaintiff in the Supreme Court's decision Number 1791 K/Pdt/2022 sued the Notary public, holding the protocol as the defendant. The object of the lawsuit in the Supreme Court's decision is the Notary's deed in the Notary public protocol, which was received by the Notary public holding the protocol. The plaintiff disputed the error in the Notary's deed. Based on expert opinion, the Notary public who did the deed is responsible for the Notary's deed in the protocol, but the Notary who did the deed died. The Notary public holding the protocol is responsible for storing and maintaining the Notary public protocol he receives, but the Notary public holding the protocol was sued in the decision. This research uses normative legal research, which is descriptive and analytical in nature. The data source used is library data. The data collection technique and tool used is library research. This research analyzes data qualitatively. Based on Article 65 of the Law of Notary Public, the Notary public who makes the deed is responsible for the minutes of the deed he had made even though the minutes of the deed had been handed over to the Notary public holding the protocol. The Notary public holding the protocol is not responsible if there is a lawsuit regarding the contents of the minutes of the deed contained in the protocol he received. The Supreme Court's decision concerns Notary public matters, only considering the lawsuit as lacking parties.
PERAN ADMINISTRASI NEGARA DALAM PRESPEKTIF HUKUM DI INDONESIA Indah, Oksilia Yulita; Pieris, John; Widiarty, Wiwik S.
Ilmu Hukum Prima (IHP) Vol. 7 No. 1 (2024): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v7i1.4969

Abstract

This thesis examines the role of state administration from a legal perspective in Indonesia, focusing on its dynamics, challenges, and practical implications. Through a comprehensive review of literature and data collection using methods such as legal document analysis, case studies, interviews, and surveys, this thesis explores the relationship between state administration and law within the framework of a legal state. The analysis highlights the complexity of the state administration's role in carrying out its duties by legal principles, including protecting human rights, enforcing justice, and sustainability of good governance. Furthermore, this thesis identifies the central challenges state administration faces and formulates policy recommendations to enhance its role in ensuring compliance with the law in Indonesia.
Optimalisasi Eksekusi Restitusi Bagi Anak yang Menjadi Korban Tindak Pidana Kekerasan Seksual Dalam Mewujudkan Kepastian Hukum Ricardo, David; -, Ismail; Iryani, Dewi
Ilmu Hukum Prima (IHP) Vol. 7 No. 1 (2024): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v7i1.4994

Abstract

This research aims to analyze the implementation of restitution execution for child victims of sexual violence in Indonesia, as well as identify obstacles in its implementation that result in a lack of legal certainty in the provision of restitution. The aim is to improve the effectiveness and fairness of the process, especially in ensuring that child victims of sexual violence receive restitution by the court's decision. The research method used is normative juridical, using secondary data sources as primary, secondary, and tertiary legal materials. The results found that although there have been progressive legal changes to protect children from crime, such as restitution, its implementation is still faced with several obstacles, including a lack of clarity in law enforcement if the perpetrator cannot pay restitution. As a result, child victims of sexual violence often do not receive court-mandated restitution due to the lack of appropriate sanctions against perpetrators who fail to fulfill restitution obligations.
Analisis Perbandingan Penegakan Hukum Pidana Korupsi Di Indonesia Dengan Singapura: Pendekatan Normatif Terhadap Kriteria Keberhasilan Penindakan Korupsi Harefa, Jevan Edberd; Pandia, Evan Vaskal Ateta Pandia; Situmorang, Andrean Stefhan; Rumapea, Mazmur Septian
Ilmu Hukum Prima (IHP) Vol. 7 No. 1 (2024): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v7i1.5135

Abstract

Corruption law enforcement has become the main focus for many countries to eradicate rampant corrupt practices. Indonesia and Singapore, two Southeast Asian countries, have different approaches to law enforcement regarding corruption. This research compares corruption law enforcement in Indonesia and Singapore using a normative approach to evaluate success criteria in prosecuting corruption. This approach includes aspects such as the quality of legislation, the effectiveness of law enforcement agencies, compliance with the law, and the level of disclosure and prosecution of corruption cases. The research method used is comparative descriptive analysis, which collects secondary data from various sources, including laws, research reports, and official documents related to corruption law enforcement in both countries. This analysis compares the legal framework, law enforcement processes, and results of corruption law enforcement in Indonesia and Singapore. The results show significant differences between Indonesia and Singapore regarding corruption law enforcement. Singapore has a stricter legal framework, more effective law enforcement agencies, higher levels of compliance with the law, and better disclosure and prosecution rates of corruption cases compared to Indonesia. The implication of this finding is the importance of the quality of laws, the effectiveness of law enforcement agencies, and the level of compliance with the law in determining the success of corruption law enforcement.
Analisis Yuridis Implementasi Pemenuhan Hak Cuti Haid Bagi Pekerja Perempuan Terkait Undang-Undang No. 13 Tahun 2003 Masning Rhuina, Yaomi Tachyata; Kornelis, Yudi
Ilmu Hukum Prima (IHP) Vol. 7 No. 1 (2024): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v7i1.5303

Abstract

This research is a comprehensive examination that seeks to assess the extent to which women workers' rights regarding menstrual leave in Indonesia are fulfilled and protected. Normative legal research was used, and a qualitative analysis approach was employed to address the research problem. A thorough literature review analyzed current conditions, including public awareness, company regulations, legal protections, and implementation challenges. The research findings show that, despite regulations, many companies have not fully optimized the right to menstrual leave in Indonesia. Proper implementation of the Labor Law on the rights of women workers has not been achieved, resulting in injustice, discrimination, and even violence against women workers, hindering legal protection for these workers. Thus, improved policies, increased awareness, and stricter law enforcement are crucial to achieving a work environment supporting women's rights in Indonesia.
ANALISIS YURIDIS TINDAK PIDANA PEMBUNUHAN BERENCANA YANG DI LAKUKAN OLEH ANAK DI BAWAH UMUR Turnip, Johannes Mangapul; Sagala, Juliana Priska Dewi; Sembiring, Hellen Br; Siburian, Sukses Marhasak Panungkunan
Ilmu Hukum Prima (IHP) Vol. 7 No. 1 (2024): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v7i1.5374

Abstract

This research aims to juridical analysis of the crime of premeditated murder committed by a minor, with a focus on the study of the judge's decision. Committed by minors, with a focus on the study of the judge's decision. The research This research uses normative and empirical legal research methods by analyzing judges' decisions related to premeditated murder cases. Analyzing judges' decisions related to premeditated murder cases involving minors. cases involving minors. Through a normative approach, this research examines the legal framework governing juvenile criminal offenses, particularly in the context of premeditated murder. Children, especially in the context of premeditated murder. Meanwhile, the empirical approach involves analyzing judges' decisions to understand how these aspects of the law are applied in judicial practice. Aspects of the law are applied in judicial practice.

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