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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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LEGAL REVIEW OF THE NEUTRALITY OF STATE CIVIL APPARATUS IN ELECTIONS Haptoro, Dyanzah Aji; Fadlurrohim, Rifqi; Siagian, Afny Azzahra; Khanza, Ghinaya Zalfa; Iskandar, Stevri
Ilmu Hukum Prima (IHP) Vol. 8 No. 1 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

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Abstract

This study examines the legal aspects of Civil Service Neutrality in Indonesian general elections. Civil service neutrality represents a fundamental principle in democratic governance with integrity. Through a normative juridical approach, this research analyzes the regulatory framework governing civil servant neutrality, common forms of violations, and the effectiveness of existing supervision mechanisms and sanctions. The findings indicate that despite Indonesia having comprehensive legislation regarding civil service neutrality, its implementation still faces various challenges, including diverse interpretations of the boundaries of civil servants' political activities, weak law enforcement, and lack of awareness and understanding among civil servants themselves. This research recommends strengthening collaborative oversight mechanisms between institutions, clarifying the boundaries and definitions of civil servants' political activities, and enhancing education and socialization regarding civil service ethics in the context of electoral democracy.
The Urgency of Establishing Legal Instruments Against Potential Artificial Intelligence (AI) Crimes Perkasa, Anggada; Siregar, Andini Pratiwi; Keliat, Venia Utami
Ilmu Hukum Prima (IHP) Vol. 8 No. 1 (2025): JURNAL ILMU HUKUM PRIMA
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Abstract

The development of artificial intelligence (AI) has brought significant progress in various sectors, but on the other hand, it also presents the potential for crimes that have not been fully accommodated in the existing legal system. Crimes involving AI such as deepfakes, data manipulation, autonomous cyber attacks, and misuse of algorithms raise serious issues in terms of legal accountability, perpetrator identification, and victim protection. The criminal law system in Indonesia, which generally still relies on the principles of legality and the subjectivity of human error, does not yet have adequate legal instruments to address AI-based crimes that are autonomous and adaptive. This study aims to examine the legal vacuum that occurs, evaluate regulations in several other countries as a comparison, and offer the urgency and direction of the formation of new legal instruments in Indonesia. The method used is juridical-normative with a comparative and conceptual approach. The results of the study indicate the need to establish a special legal framework regarding AI, both in the form of new laws and reformulation of criminal norms that can accommodate the unique nature of artificial intelligence. Without adaptive legal reform, Indonesia will face serious legal loopholes that can be exploited by digital criminals.
Indonesian Airspace Sovereignty After the Jakarta and Singapore Flight Information Region Adjustment From the Perspective of International Law Jupri, Jupri Yanus Halawa; Ledy Diana; Maria Maya Lestari
Ilmu Hukum Prima (IHP) Vol. 8 No. 1 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i1.7527

Abstract

Indonesia, as one of the largest archipelagic states, possesses a vast and strategically significant airspace intersecting some of the busiest international flight routes in the Asia-Pacific region. The management of this airspace is critical to upholding national sovereignty and security. However, parts of Indonesia’s strategic airspace, particularly over the Riau Islands and Natuna, remain under Singapore’s control through the delegation of the Flight Information Region (FIR). The 2022 FIR boundary adjustment agreement between Jakarta and Singapore is seen as a diplomatic milestone that expands Jakarta FIR coverage. Nonetheless, it controversially extends the delegation of air navigation management up to 37,000 feet to Singapore in sectors A and B. This situation raises concerns over the full exercise of Indonesia’s air sovereignty, as mandated by Article 1 of the 1944 Chicago Convention and Article 458 of Law No. 1/2009 on Aviation. This normative legal research, based on literature and interviews, finds that the agreement does not significantly alter Indonesia’s legal sovereignty. It also highlights disparities in FIR management and recommends that Indonesia develop a revised roadmap toward full FIR control, treating the Riau and Natuna airspace as a critical border area requiring absolute sovereignty.
Implementation Of The Archipelago Principle In Regional Regulations On The Protection And Empowerment Of Farmers And The Tobacco Products Industry In East Java Rohi, Arvy Iedara; Alfath, Tahegga Primananda
Ilmu Hukum Prima (IHP) Vol. 8 No. 2 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i2.7190

Abstract

Tobacco and the Tobacco Products Industry have a strategic role in improving the community's economy, absorbing labor, and state or regional revenues from both the tax and excise sectors, especially for East Java which is the main Tobacco producing region and is a center for IHT. However, this commodity and sector have continued to experience a quantitative decline over time. This is due to strict control policies in the Tobacco and IHT sectors and the still weak protection and empowerment of Tobacco Farmers and business actors in the IHT sector. Therefore, this sector requires regulatory support that can provide guarantees of protection and business continuity both in the on-farm and off-farm sectors. The application of the Archipelagic Principle in the Content Material of Regional Regulations on the Protection and Empowerment of Farmers and the Tobacco Products Industry in the Form of Regulations in East Java is reflected in the provisions of the articles in the Regional Regulation of East Java Province Number 8 of 2024 concerning the Development and Protection of Tobacco. which is based on Pancasila and the 1945 Constitution and applies the principles of the Unitary State.
The Urgency Of Registering Marriage Agreements For Husband And Wife (Study At The Population And Civil Registry Office Of Medan City) Prasojo, Mhd. Ridho Eko
Ilmu Hukum Prima (IHP) Vol. 8 No. 2 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i2.7274

Abstract

Registration of Marriage Agreement is a series of marriage implementation. Therefore, marriage registration is an inseparable part of the implementation of the marriage in question (husband and wife). Marriage agreements experienced a shift when there was Constitutional Court Decision No. 69 / PUU-XIII / 2015, namely: "At the time, before or during the marriage bond, both parties with mutual consent can enter into a written agreement that is legalized by a marriage registrar or notary, after which the contents also apply to third parties as long as the third party is involved." The shift in norms on marriage agreements is seen from "when" the marriage agreement was made. This study aims to analyze how the registration of husband and wife marriage agreements (study at the Medan City Population and Civil Registration Office) after Constitutional Court Decision No. 69/PUU-XVIII/2015 using empirical juridical methods with a qualitative approach, this research involves document analysis, interviews with Medan City Population and Civil Registration Office employees. The research findings reveal that the Validity of Marriage Agreement Registration According to Indonesian Positive Law is regulated in Article 29 paragraph (1) of Law No. 1 of 1974 Jo. Constitutional Court Decision No. 69/PUU-XIII/2015. For Muslim couples register marriage agreements at the Office of Religious Affairs (KUA) and for couples of non-Muslim religions register their marriage agreements at the Office of Population and Civil Registration (Disdukcapil) and the Urgency of Marriage Agreement Registration at the Office of Population and Civil Registration of Medan City is firstly to fulfill the requirements in accordance with Article 29 paragraph (1) of Law No. 1 of 1974 Jo. Constitutional Court Decision No. 69/PUU-XIII/2015, secondly, the registration of a marriage agreement can be useful, among other things, to find out the legal certainty regarding the date of creation and the validity of the marriage agreement.
Analysis Of Legal Protection Of Intellectual Property Rights On Batu Bara Songket Cloth In Batu Bara Regency Fahreza, Imam Rizky
Ilmu Hukum Prima (IHP) Vol. 8 No. 2 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i2.7275

Abstract

This study aims to examine the urgency of legal protection for Songket Batu Bara cloth within the framework of intellectual property law, with an emphasis on its recognition as a Traditional Cultural Expression (EBT) that receives legal protection based on the provisions of Law Number 28 of 2014 concerning Copyright. Songket Batu Bara cloth is a cultural product of the Malay community that is full of historical, artistic, and philosophical values, and is passed down from generation to generation. Typical motifs such as bamboo shoots, cananga flowers, and pandan shoots contain deep symbolic meanings and socio-cultural functions. This study uses a normative juridical method with a statutory regulatory approach and a conceptual approach, to analyze the positive legal norms that form the basis for the protection of this traditional cultural work. The results of the study indicate that legal protection for Songket Batu Bara is not optimal due to obstacles in the aspects of legal substance, institutional structure, and legal culture of the community. The absence of specific technical regulations, the weak role of related institutions such as the DJKI and regional offices, and low legal awareness among craftsmen are the main inhibiting factors. Therefore, it is necessary to formulate affirmative policies by local governments through regional regulations, strengthening the institutions of artisan communities, and synergy between academics, the private sector, and the community to realize an effective, adaptive, and sustainable intellectual property rights protection system.
Analysis Of Determining Legal Status And Distribution Of Inheritance In Polygamous Marriages (Study Decision No. 1491/Pdt.G/2022/Pa Stb) Khairi, Muhammad; Sembiring, Saidin Rosnidar
Ilmu Hukum Prima (IHP) Vol. 8 No. 2 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i2.7351

Abstract

Stabat Religious Court Case Number 1491/Pdt.G/2022/PA.Stb describes an inheritance conflict involving a husband with two wives (previously divorced from his first wife) and six children. This case demonstrates how the unclear status of joint property, unilateral claims by one party, and the refusal to distribute inheritance according to Islamic law can trigger legal disputes. A crucial point, which gave rise to legal irregularities, was that the trial facts did not find evidence of permission from the religious court for the second marriage performed by the plaintiffs' father in 1982. This is despite the fact that Law No. 1 of 1974 was already in effect at the time, which expressly requires court permission for a second marriage. Strangely, despite the lack of permission from the religious court, the second marriage was still administratively registered by the Tebing Tinggi Religious Affairs Office and resulted in a marriage certificate. This study used a normative juridical method with additional data collection techniques through informant interviews. The results showed an error in considering the legality of a second marriage that lacked court permission. The court declared the second wife as the heir, even though the marriage did not legally meet the requirements for polygamy under the Marriage Law and the Compilation of Islamic Law. This violates the principles of legal certainty, justice, and legal protection for the other parties (the first wife and her children), who have a stronger legal position. This decision demonstrates the need for consistency in the application of legal norms so that legal principles, particularly justice and certainty, can be fully upheld.
Criminal Sanctions Model For Children Aged 15-18 Years As A Form Of Criminal Law Reform Singh, Rahul; Syahrin, Alvi; Marlina, Marlina
Ilmu Hukum Prima (IHP) Vol. 8 No. 2 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i2.7400

Abstract

The tabulation of case data collected by the Indonesian Child Protection Commission (KPAI), the Directorate General of Corrections of the Ministry of Law and Human Rights, and the National Police's National Police Center (Pusiknas Polri) explicitly shows the high number of cases of children in conflict with the law and the high number of children in conflict with the law as perpetrators with very serious crimes. The data is also still collected data, which means that data in the field can be much larger than the data that has been recorded, so it requires special and serious attention. Several problem formulations were drawn for the research study, namely how the regulation of criminal sanctions for children and the urgency of formulating a model of criminal sanctions for children aged 15-18 years as perpetrators of crimes in Indonesia, how the concept of updating the model of criminal sanctions for children aged 15-18 years in Indonesia, and how the formulation of the model of criminal sanctions for children aged 15-18 years is appropriate to the ethics of national legal development in Indonesia. This research uses a normative juridical method with a conceptual approach and qualitative analysis of primary and secondary legal materials. The research results show that the provisions on criminal sanctions for children in the Child Protection and Child Protection Law are still rehabilitative and not fully proportional for children aged 15–18 who commit serious crimes. Therefore, it is necessary to formulate a new sanction model that is fairer, more educational, and has a deterrent effect. The proposed reform concept includes optimizing the principal penalty to two-thirds of the adult penalty, accompanied by additional community service and out-of-institutional guidance, and increasing the maximum sentence to 12 years for crimes punishable by death or life imprisonment.
Legal Certainty of The Status of 3 (Three) Kilograms of Gas As A Strategic Goods Free From VAT (Value Added Tax) Mulyadi, Mulyadi
Ilmu Hukum Prima (IHP) Vol. 8 No. 2 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i2.7525

Abstract

This study aims to examine in depth the normative conflict arising from the enactment of Minister of Finance Regulation (PMK) Number 62/PMK.03/2022 concerning Value Added Tax  (VAT)  on  the  delivery  of  certain  Liquefied  Petroleum  Gas  (LPG),  specifically subsidized  3  kg  LPG  cylinders,  against  regulations  that  have  a  higher  position  in  the hierarchy of laws and regulations. The PMK stipulates that the unsubsidized portion of the price of 3 kg LPG is subject to VAT and must be collected by agents down to the base level, which is then passed on to the end consumer. This policy has caused controversy because it conflicts with several higher regulations, such as Law Number 42 of 2009 concerning VAT, Law  Number  7  of  2021  concerning  Harmonization  of  Tax  Regulations  (UU  HPP),  and Presidential Regulation Number 71 of 2015 concerning Determination and Storage of Basic Necessities and Important Goods.Through a normative legal approach, this study sought to obtain  the  necessary  data  related  to  the  problem.  The  data  used  were  secondary  data, consisting of primary legal materials, secondary legal materials, and tardier legal materials. In addition, premium data was also used as secondary data. Data analysis was conducted using a normative legal analysis method. This study found that PMK 62/2022 does not align with the principle of the hierarchy of legal norms as proposed by Hans Kelsen, where lower norms  must  not  contradict  higher  norms.This  study  concludes  that  PMK  62/2022 constitutes a form of vertical norm conflict that not only contradicts higher positive law but also  contradicts  the  principles  of  social  justice  as  stipulated  in  Pancasila  and  the  1945 Constitution.  Therefore,  policy  revision  or  revocation  of  this  regulation  is  necessary  to ensure legal harmony, legal certainty, and protection for vulnerable communities.
Directors’ Legal Responsibility in Protecting Workers’ Rights Immanuel, Limrogate; Sinambela, Jamalum
Ilmu Hukum Prima (IHP) Vol. 8 No. 2 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i2.7531

Abstract

The protection of workers’ rights is an integral aspect of responsible corporate governance. In Indonesia, corporate policies enacted by company directors frequently result in labor rights violations, including unilateral termination, wage neglect, and denial of social security. This article employs a normative juridical and comparative approach to analyze the intersection of labor law and corporate law in defining both the authority and liability of directors. The findings reveal that directors carry fiduciary duties and a duty of care, which may extend to safeguarding workers as stakeholders. Nevertheless, Indonesian legislation has yet to explicitly impose such responsibilities on directors in relation to worker protection. This article therefore recommends harmonizing relevant regulations and strengthening corporate governance principles based on social justice within industrial relations.

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