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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 246 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
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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
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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.
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
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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
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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.
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.
Legal Settlement Of Breach Of Bank Loan Agreement With Fair Guarantees Vic S, Binsar Jon; Iryani, Dewi
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.v8i2.7636

Abstract

Debt is an integral part of the business world, particularly as a solution for entrepreneurs experiencing capital shortages. Financial institutions, particularly banks, act as facilitators providing credit with or without collateral. A crucial aspect of credit provision is the existence of collateral to protect the bank, as the creditor, from the risk of default by the debtor. This study aims to analyze the legal resolution of default in bank loan agreements secured by certificates in a fair manner, using the case study of Decision Number 141/Pdt.GS/2021/PN Byw. This study uses a normative juridical method with a descriptive-analytical approach, based on primary, secondary, and tertiary legal materials. The results of the study indicate that legally, banks have the right to execute collateral if the debtor is in default, according to Article 6 and Article 20 of the Mortgage Law. However, in practice, the execution process is often faced with resistance from debtors who lack good faith, including the filing of new lawsuits to hinder the execution. In the context of justice, the judge in the decision of the case did not immediately grant all of the bank's demands, but instead considered the principle of substantive justice by rejecting some of the fine demands that were deemed disproportionate. This approach aligns with the views of legal philosophers such as Aristotle, John Rawls, and the progressive legal thought of Satjipto Rahardjo, who emphasized that justice is not merely formal equality but also treatment appropriate to the social and moral context. Therefore, the court's decision in this case demonstrates the implementation of guarantee law in accordance with statutory regulations and reflects the value of justice in resolving banking disputes.
Legal Protection Of Consumer Personal Data In Electronic Transactions With Legal Certainty Sihite, Thomas Ericson Hadinata; Iryani, Dewi; Setiawan, Puguh Aji Hari
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.v8i2.7637

Abstract

Online buying and selling can result in the leakage of consumer personal data, as seen in the breaches of user accounts on the Tokopedia and Shopee marketplaces. The data leaks on e-commerce platforms have left users' personal data unprotected. Law No. 19 of 2016 also does not specifically address personal data protection. The type of research used in this research is normative legal research. The results of this research, namely Regulations related to the protection of personal data according to the laws and regulations in force in Indonesia, include: Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions is a revision of Government Regulation Number 82 of 2012. In addition, it is also regulated in Government Regulation No. 44 of 2008 concerning the Provision of Compensation, Restitution, and Assistance to Victim Witnesses, in addition there is Article 1 paragraph (6) and Article 5 paragraph (1) Point A of the Law concerning the Protection of Witnesses and Victims, PERKOMINFO (Regulation of the Minister of Communication and Information) Number 20 of 2016 and Article 28 paragraph (1) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. These regulations are aimed at encouraging the public to respect personal data, which is part of the right to privacy, so that other people's personal data is not widely disseminated or traded for any reason. Legal protection of consumer personal data in electronic transactions with legal certainty is as stated in Article 19 of the Consumer Protection Law, which states that e-commerce startups are responsible for losses experienced by consumers by providing administrative compensation to consumers.

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