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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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KEPATUHAN HUKUM KONSULTAN PAJAK KOTA MEDAN TERHADAP KEWAJIBAN PENDAFTARAN BPJS KETENAGAKERJAAN: FAKTOR PENYEBAB DAN KONSEKUENSI HUKUM Brahmana, Herman; Rumapea, Mazmur Septian; Siburian, Sukses Marhasak Panungkunan; Kuara, Glenessa; Sunjoyo, Alexandra Martha Santoso; Irawan, Agus
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.v6i2.4202

Abstract

BPJS Ketenagakerjaan is a public legal entity formed to conduct Social Security programs in the Employment Sector. Participation is mandatory for workers and companies. A tax consultant also acts as an employee and is not exempt from such BPJS obligations. The public often does not comply with regulations due to various obstacles, including many Medan Tax Consultants. The problem in this research is how Medan Tax Consultants comply with such BPJS registration, factors that cause compliance or non-compliance, and legal consequences resulting from such non-compliance. The research is located in Medan and is empirical descriptive-analytical. Samples were taken using a purposive sampling technique of 10% out of 172 population. Data sources consist of primary and secondary data. The research was preceded by a library study and thennterviews (with questionnaires). Then, qualitative analysis is applied, and conclusions are drawn using the deductive approach. The results show that Medan Tax Consultant’s compliance level still needs to be higher. The main factor causing compliance is to get rid of sanctions, while the leadingause of non-compliance is the need to understand the BPJS regulations. The effectiveness of such BPJS regulations among Medan City Tax Consultants is still low and requires continuous supervision from BPJS.
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.
Tinjauan Yuridis Mengenai Perlawanan Pihak Ketiga (Derden Verzet) Terhadap Putusan Verstek Sri Bulan, Bintang; Lubis, Fauziah
Ilmu Hukum Prima (IHP) Vol. 7 No. 2 (2024): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v7i2.5235

Abstract

The objective of this study is to analyze the juridical aspects of third-party objections to default judgments within the civil justice system in Indonesia. This research aims to understand how judges consider third-party objections and how such objections may affect the enforcement of default judgments. This study adopts a juridical-normative approach, aiming to deeply analyze the prevailing legal norms related to third-party opposition (derden verzet) against default judgments. This approach emphasizes an examination of legal materials, including legislation, doctrines, and court decisions. The methods used in this study are library research and document analysis, where the researcher gathers and examines relevant literature and analyzes legal documents to comprehensively understand the issues studied. The research reveals several important findings regarding third-party objections to default judgments in the context of Indonesia's civil justice system. First and foremost, to submit an objection, the third party must have a right or interest that is harmed by the default judgment. This indicates that third-party opposition cannot be made arbitrarily; it must be based on actual harm suffered by the third party as a result of the judgment. Furthermore, third parties intending to file an objection must not have been involved in the prior proceedings and must not be represented by any of the litigants in the case.  
Analisis Yuridis Sistem Baru Dalam Pembuktian Terhadap Dokumen Elektronik Pada Perkara Perdata Harahap, Lia Adetia; Lubis, Fauziah
Ilmu Hukum Prima (IHP) Vol. 7 No. 2 (2024): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v7i2.5277

Abstract

The existence of electronic documents as a system of evidence that is increasingly prevalent is a challenge for the Indonesian legal system. However, proof of electronic documents still refers to the provisions on proof of conventional documents. This research aims to juridically analyse the new system in proving electronic documents in civil cases. The method used in this research is normative juridical (legal research) and uses a statute approach and conceptual approach. The results of this study indicate that electronic document evidence along with the times is included in the realm of law and justice. This new system allows proof of electronic documents online, digital signatures and metadata can be used to determine the authenticity of documents. The development of a new system in electronic documents has actually been regulated quite a lot in Indonesian legislation, but in the realm of civil procedural law there are no provisions governing electronic documents as evidence. This issue is also a problem in civil law, because until now electronic documents have become part of national and international commerce. This is also an expansion of electronic documents as evidence in civil procedure law.
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.

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