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INDONESIA
Ilmu Hukum Prima
ISSN : 20885288     EISSN : 26142244     DOI : https://doi.org/10.34012
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
TINJAUAN TENTANG PELAKSANAAN LELANG ATAS AGUNAN HAK TANGGUNGAN DALAM PERKARA KREDIT MACET ( STUDI PUTUSAN NOMOR 86/PDT/2015/PT.MDN) suhaila zulkifli zulkifli
Ilmu Hukum Prima (IHP) Vol. 1 No. 1 (2018): JURNAL ILMU HUKUM PRIMA
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Abstract

Banks as a financial institution in the activities of distributing credit to the public can minimize the risk by applying clear and complete guarantee of the guarantee law, considering that any loan disbursement requires a strong guarantee that serves to guarantee the debtor's debt repayment if the debtor breaches an appointment or bankruptcy. Credit guarantee will provide legal certainty to the bank that the credit will be returned by execution of bank credit guarantee so as to prevent the occurrence of bad loans. The method of research in this writing is the normative juridical which aims to know the provisions of the implementation of the auction against objects of collateral in the credit agreement and to analizes review of decision number 86 / PDT / 2015 / PT-MDN. The legal provisions on the granting of guarantees in credit agreements are regulated in the Codeof civil Law No.4 of 1999 concerning mortgage right, Act No.42 of 1999 on fiduciary guarantee and Law no. 10 Year 1998 About Banking. The provisions of the auction for the objects of collateral in the credit agreement are contained in Article 20 Paragraph (1) Sub-Paragraph a and Sub-Paragraph (2) UUHT and Minister of Finance regulation No.106 / PMK.06 / 2013 About the Auction Guide.
TINJAUAN YURIDIS SENGKETA HAK WARIS TANAH YANG DIKUASAI SECARA MELAWAN HUKUM (STUDI PUTUSAN NO.09/PDT.G/2013/PN.BINJAI) wagirin wagirin wagirin
Ilmu Hukum Prima (IHP) Vol. 1 No. 1 (2018): JURNAL ILMU HUKUM PRIMA
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Abstract

Research on inheritance rights disputes is an important topic to discuss because issues related to inheritance often occur in the community. This thesis discusses the dispute over inheritance rights of land that is controlled by the law. The objective of writing the thesis is to find out the inheritance system in the Civil Code, the provisions of inheritance rights on land and the judicial legal review in the decision Number: 09 / PDT.G / 2013 / PN. Binjai. Based on the scope and problem in this study, the research was used a normative juridical research method. This normative juridical approach is used to analyze written law from library materials and reference material in the field of law or based on the Civil Code and other relevant laws and regulations, so that the description of the answers to the problem can be known. The results of this study revealed that inheritance law is a law that regulates the transfer of assets left by someone who died and its consequences for his heirs, and registration of transfer of rights because inheritance is needed in order to provide legal protection to the heirs so that the inheritance rights dispute can be avoided especially disputes are committed against law. An illegal act will only cause a loss. A loss caused by an illegal act must pay compensation because the action caused a loss caused by an act of action against the law by the perpetrator.
PROSPEK PERLINDUNGAN HUKUM HAK KEKAYAAN INTELEKTUAL DALAM KESENIAN TRADISIONAL DI INDONESIA mulyadi mulyadi mulyadi
Ilmu Hukum Prima (IHP) Vol. 1 No. 1 (2018): JURNAL ILMU HUKUM PRIMA
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Abstract

Intellectual Property Rights (IPR) are related to human creativity, and human creativity in meeting needs or solving life problems, both in art, science and technology as well as superior products of a society. Therefore, the development of science and technology accompanied by the existence of IPRs is very important. Where this research activity cannot avoid the problem of IPR if it wants a respect for rights and new innovations, and its originality. Issues regarding Intellectual Property Rights will touch various aspects such as aspects of technology, industry, social, culture, and various other aspects. However, the most important aspect when it comes to protecting intellectual property is the legal aspect. The law is expected to be able to overcome various problems that arise related to the Intellectual Property Rights. Law must be able to provide protection for intellectual work, so as to be able to develop the creative power of society which ultimately leads to the goal of the successful protection of Intellectual Property Rights.
ANALISIS YURIDIS TINDAK PIDANA PERUSAKAN KAWASAN HUTAN LINDUNG DI KUA0LUH LEIDONG (STUDI PUTUSAN NO. 650/PID.B/2016/PN-RAP) Masitahpohan Masitah pohan; Daniel Hutasoit Hutasoit
Ilmu Hukum Prima (IHP) Vol. 1 No. 2 (2018): JURNAL ILMU HUKUM PRIMA
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Abstract

This paper analyzes the criminal acts of destruction of protected forest areas carried out by the community with a decision study no.65 / Pid.B / 2016 / Rev. Existing laws and regulations are deemed inadequate and have not been able to deal effectively with eradication of organized forest destruction. Efforts to tackle eradication of forest destruction through this law are carried out by promoting the principles of justice and legal certainty, sustainability, state responsibility, community participation, accountability, priority, and integration and coordination. This study uses the research method of this type of research is descriptive analysis with normative juridical design that is research conducted which is only aimed at written regulations or other legal material. Sources of legal material used by the authors of the primary, secondary and tertiary legal materials. This study uses a documentation study consisting of a collection of books, magazines, documents and other theoretical sources as a basis for solving problems in this thesis. The data of this study were analyzed with qualitative methods and presented in the form of a systematic description that could explain the relationship between various types of data, which were selected and processed descriptively so that the results of this study could reveal the answers to the problems expressed and hoped that it could provide solutions to the problems in the research this. The decision stipulates that Defendant JASMAN Alias ALONG has been proven legally and convincingly guilty of committing an act against him, however the act was not a criminal act and Releasing Defendant JASMAN Alias ALONG was therefore from all lawsuits (Onslag van allerech vervolging)
ANALISIS YURIDIS NOVASI PERJANJIAN PRODUK TOUR PADA BIRO JASA PERJALANAN DI MEDAN Darwis Chandra Chandra
Ilmu Hukum Prima (IHP) Vol. 1 No. 2 (2018): JURNAL ILMU HUKUM PRIMA
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Abstract

The research that we do in order to find out the juridical review for the application of a service product by a travel business for consumers to measure responsibility in a new contract (Addendum) that happen Force Majuere in journey of Bangkok Pattaya that contain Novation and Addendum according of Act No. 8 of 1999 concerning consumer protection and the contract law in the civil law. This research that review the main problem of the consumer protection law which measured in yuridition normative – empirical approach. In the normative – empirical research method also about the implementation of the normative law that contain of the action on a certain event that happen in social environment that doing by description analition that a researching with description, study and analysis of a law.
PERTANGGUNGJAWABAN BPN TERHADAP HAK KEPEMILIKAN ATAS TANAH YANG DIBATALKAN (TINJAUAN PUTUSAN NO.132K/TUN/2010) Novi Novi Novi
Ilmu Hukum Prima (IHP) Vol. 1 No. 2 (2018): JURNAL ILMU HUKUM PRIMA
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Abstract

Land controversy that often occur has to do with legality or the proof of ownership, call it Certificate.Beside the problems that occur in the process of the administration of certificate issuance,the problems alsooccur at enforcement of judicial decisions, and the deed can be said to be an unlawful deedand of course is very harmful. A lot of judicial decisionsespecially stateadministrative court that already hasan absolute legal force. Which has not yet received a follow up action from National Land Agencybecause National Land Agency did not even did not firmly or negligent in performing their duties and liabilities in order to guarantee legal certainty and against their interestsIn reference to this research, writer refer to the legal norms contained in laws and regulations as well as the legal norms that exist in society. Writer collected data for this study byanalyzing from the books and records. Thus,the action that could be done to prevent the controversy of land rights certificate, as a matter of fact is that it could be done since the beginning, preventivelywhen applicating for rights administration on the land registration process. This preventive tactics are actually more effective compare tothe settlement of legal action effort if the controversy has already become a case.
TINJAUAN YURIDIS TENTANG PEMBATALAN EKSEKUSI JAMINAN FIDUSIA OLEH BPSK Richard Richard Richard
Ilmu Hukum Prima (IHP) Vol. 1 No. 2 (2018): JURNAL ILMU HUKUM PRIMA
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Abstract

Fiduciary guarantee is a guarantee against movable objects or other objects not charged by mortgage. The current provision of fiduciary guarantees is generally given to movable objects, especially motorized vehicles. Fiduciary guarantees themselves occur based on financing agreements between debtors and creditors with legal relationships based on fiduciary guarantee laws and consumer protection laws. Fiduciary creditor is a privileged creditor based on fiduciary guarantee law so that when the debtor fails to promise the creditor can immediately execute the debtor's guarantee without waiting for a court decision. This is based on the ordinance on the fiduciary deed which is equated with a court ruling like what is stipulated in the fiduciary guarantee law. But if you look at the relationship between debtors and fiduciary creditors based on consumer protection laws, the debtor is given the position as a consumer and creditor as a business actor. So when consumers feel aggrieved they can take legal remedies to BPSK as a consumer dispute settlement institution as mandated by the Consumer Protection Act. However, it is interesting to see when a debtor or consumer is considered to be in default by a creditor or business actor. While the debtor feels aggrieved and takes legal action to BPSK and when BPSK turns out to cancel the execution of the fiduciary guarantee there will be a legal conflict between the BPSK decision and the fiduciary guarantee law that privileges the creditor of fiduciary guarantees
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENYEDIA SARANA PRAKTIK PROSTITUSI (TINJAUAN PUTUSAN NO.2156/PID.SUS/2016/PN-MDN) Stefanus Marcius Stefanus Marcius; Theresia Simatupang
Ilmu Hukum Prima (IHP) Vol. 1 No. 2 (2018): JURNAL ILMU HUKUM PRIMA
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Abstract

In this social life, there are always social problems that continue to develop in line with times, especially the issue of prostitution. Prostitution is an issue that concern the dignity and value of women. The practice of prositution has attracted a lot of controversy, especially in Medan, the phenomenon of the prostitution is one the criminalization that is very difficult handled bye the government and local law, because this type of crime is supported by several factors, for example like economic problems, that stongly enonomic problems, that strongly encouraging someone to do the criminal practice. To address the phenomenon of prostitution in medan, it is not enough to be seen from one point view but must be comprehensive.
URGENSI CIVIL FORFEITURE UNTUK MENINGKATKAN PENGEMBALIAN KERUGIAN KEUANGAN NEGARA Sonya Airini Batubara; Suhaila Zulkifili Zulkifli zulkifli
Ilmu Hukum Prima (IHP) Vol. 1 No. 2 (2018): JURNAL ILMU HUKUM PRIMA
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Abstract

The criminal act of corruption includes the crime of extra ordinary crime. Based on Law no. 31 of 1999 in conjunction with Act no. 20 Year 2001 on the Eradication of Corruption. State financial losses due to corruption are still not covered and public unrest is still high against law enforcement of corruption in Indonesia. Asset recovery is a system of law enforcement committed by victim state of corruption to deprive, deprive, eliminate the right to assets of corruption from corruption actors through a series of processes and mechanisms. Efforts to restore the proceeds of crime or criminal acts of corruption constitute an act of deprivation as an additional criminal offense on a criminal court judge's judgment against the property owned by a convicted criminal of corruption, asset recovery efforts also require international cooperation, both bilateral and multilateral cooperation due to the return of assets outside Indonesia's territorial territory would require mutual cooperation or assistance in criminal matters. (mutual legal assistance / MLA).
KAJIAN YURIDIS TINDAK PIDANA PENCUCIAN UANG TERKAIT DENGAN PEMBUKTIAN TERBALIK DALAM PERKARA TINDAK PIDANA KORUPSI DI INDONESIA (Studi Putusan PN Nomor. 1252/Pid.B/2010/PN.Jkt.Sel, jo Putusan PT Nomor. 08/PID/TPK/2011/PT-DKI jo Putusan Kasasi Mahkama Anton Diary Steward Steward Surbakti
Ilmu Hukum Prima (IHP) Vol. 1 No. 2 (2018): JURNAL ILMU HUKUM PRIMA
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Abstract

In this research, the writer analyzed and investigated money laundering crime which is related of reverse authentication of Drs. Bahasyiem Assifie, M.Si bin Khalil Sarinoto as convict in District Court South Jakarta, high court Jakarta and Supreme Court sentenced imprisonment money substitute and fine. It declared and be sure guilty did money laundering crime. This research used juridical normative to know the principle application and the rule of law which was effect in this research. The analysis and finding law research was used Analcites Descriptive. The process of this research was collecting data and law facts. It called the data. Reverse authentication which was applicative in this court found many problems in different perception about verification crime.

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