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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 Analysis Of Legal Protection Of Workers' Rights Based On Unilateral Termination Of Employment By PT Fast Food Indonesia (KFC Indonesia) Siagian, Afny Azzahra; Amanda Fauzi, Rizka; Haptoro, Dyanhza Aji; Susanti, Pipi; Yamani, M.
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.v8i1.7062

Abstract

This article discusses unilateral termination of employment (PHK) by employers is a practice that still often occurs in the world of employment in Indonesia and raises legal issues, especially related to the protection of workers' rights. This study analyzes legal protection for workers in the case of unilateral layoffs carried out by PT Fast Food Indonesia (KFC Indonesia), and assesses its legal implications for the mechanism for resolving industrial relations. The issues raised include the suitability of unilateral layoffs with the provisions of Law Number 6 of 2023 and the extent to which workers' rights are legally protected. This study uses a normative legal method with a statutory approach and a case approach. Data were obtained through literature studies and analysis of real cases of mass layoffs by KFC Indonesia. The results of the study indicate that unilateral layoffs by the company do not comply with legal procedures as stipulated in Article 151 of Law Number 6 of 2023, which requires notification, bipartite negotiations, and settlement of industrial relations disputes. In addition, workers' rights such as severance pay and job loss guarantees are not provided proportionally. The legal implications put workers in a disadvantaged position and pave the way for dispute resolution through legal mechanisms in the Industrial Relations Court. This study emphasizes the importance of enforcing strict and comprehensive legal protection for workers in facing unilateral layoffs.  
ANALYSIS OF BUSINESS LICENSING IN THE DEVELOPMENT OF EIGER CAMP IN WEST BANDUNG REGENCY Siagian, Afny Azzahra; Fauzi, Rizka Amanda; Haptoro, Dyanzah Aji; Wulandari, Wulandari; Satmaidi, Edra
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.v8i1.7097

Abstract

This study examines the spatial utilization compliance of the Eiger Camp Project located in Parongpong District, West Bandung Regency, which is situated within a water infiltration conservation zone as designated in the Regional Spatial Plan (RTRW). Although the developer claims to possess several permits, including the Environmental Impact Assessment (AMDAL), Building Approval (PBG), and site plan, the project was temporarily halted by local authorities due to the absence of a valid Spatial Utilization Activity Compliance (KKPR) document. Development in such conservation areas, which serve as water catchment and disaster-prone zones, raises both ecological and legal concerns. Using a normative-juridical approach, this research analyzes the relationship between the legality of permits and the substantive compliance with spatial zoning regulations as mandated by Indonesian law. The findings reveal that formal licensing, without alignment with RTRW zoning requirements, may result in legal violations and ecological degradation. Local governments play a vital role in monitoring and enforcing spatial planning policies; Thus, development in ecologically strategic areas must adhere to both legal and environmental considerations in a balanced manner.
Study of the Principle of Ultra Petitum Partium in Civil Cases Lubis, Fauziah; Nasution, Khairiah; Br. Limbong, Dhiya Ramadhani; Hasibuan, Suci Khairani; Lubis, Putri Aggraini; Haiqal, Muhammad Fikri
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.v8i1.7109

Abstract

This study aims to examine the limitations of judges' authority in issuing civil case decisions based on the principle of ultra petitum partium. The main problem in this study is that there are still judges' decisions that exceed the petitum, thus raising questions about the limits of judicial authority and the consistency of the application of the principles of procedural law. The principle of ultra petitum partium is one of the fundamental principles in civil procedural law which emphasizes that judges may not issue decisions beyond the demands of the disputing parties. This principle functions to maintain objectivity, neutrality, and balance in the role of judges in resolving cases. This study uses a normative legal method with a statutory approach and analysis of a number of court decisions directly related to the application of this principle. The results of the study show that the application of this principle is important to prevent abuse of authority by judges. However, in certain conditions such as cases concerning the public interest, public order, or protection of vulnerable parties, judges are allowed to issue decisions exceeding the petitum. Therefore, the application of this principle must be carried out proportionally and contextually in order to create a fair and just trial.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i1.7113

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
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i1.7233

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 Refundable Deposit System In Indonesia Agitha, Andreas Dwinda
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.v8i2.7699

Abstract

Deposit-refund systemcan influence the behavior of companies and consumers. Many governments have enacted laws to promote recycling as part of a larger effort to reduce waste management and preserve the environment. The purpose of this study was to determine the implementation of the deposit refundable system in Indonesia. The research method used was descriptive qualitative. The results of the study indicate that in Indonesia, laws and regulations governing waste management, from the national to the regional level, already exist in Indonesia. The main legal basis for waste management in Indonesia is Law of the Republic of Indonesia Number 18 of 2008 concerning Waste Management (UU 18/2008, or the Waste Management Law). In principle, Indonesia applies an economic instrument in the application of the deposit refundable system, which is a manifestation of the polluter pays principle, which is an economic policy to internalize the costs of pollution or environmental damage.
Legal Issues Regarding The Granting Of Conditional Release To Foreign Prisoners In Fulfilling Legal Certainty (Case Study At Class I Tanjung Gusta Medan Correctional Institution) Ramawinda, Beby Fitria; Marlina, Marlina; Rizky, Fajar Khaify
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.v8i2.7701

Abstract

Parole is a crucial component of the correctional system that aims to reduce prison overcrowding while ensuring legal certainty for inmates. However, the implementation of parole for foreign inmates in Indonesia faces significant administrative and inter-agency coordination challenges. This gap between legal provisions and practical implementation creates obstacles, especially for foreign inmates who face a more complex legal status and cumbersome bureaucratic procedures. This study aims to analyze the implementation of parole for foreign inmates to fulfill legal certainty at the Tanjung Gusta Class I Correctional Institution in Medan. Using an empirical juridical method with a qualitative approach, this study involved document analysis, interviews with prison officers, and direct field observations. The research findings revealed that the parole process for foreign inmates is hampered by complex bureaucracy, a lack of understanding among officers and the public, and inadequate coordination between correctional institutions, immigration authorities, and other related institutions. In addition, unintegrated administrative procedures cause delays in granting the right to parole. This study concludes that improving inter-agency coordination, simplifying administrative procedures, and strengthening outreach efforts to officers and the public are crucial to realizing legal certainty for foreign inmates. These efforts are expected to support the correctional system's goal of rehabilitation. and social reintegration of prisoners while effectively addressing prison overcrowding issues.
Legal Responsibility Of The Board Of Directors In A Limited Liability Company For Company Losses Putra, I Kadek Alam Kusuma
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.v8i2.7702

Abstract

Limited Liability Companies are business entities that play a significant role in Indonesia's economic activities, characterized by democratic principles and the separation of shareholder rights and obligations. This article examines the application of the fiduciary duty principle to the responsibilities of directors, particularly regarding the prevention and management of corporate losses, as well as the legal basis for the implementation of derivative suits by shareholders in Indonesia. Fiduciary duty requires directors to act in good faith, prudence, and loyalty, with the business judgment rule mechanism protecting personal liability. Derivative suits serve as a legal instrument for shareholders to hold directors accountable, although procedural regulations in Indonesia are still limited and minimum share ownership requirements are considered to hinder access to justice for minorities. Case studies of court decisions demonstrate important developments related to the protection of minority shareholders. This study recommends improving legal education for directors, improving derivative suit regulations, strengthening internal oversight functions, and implementing Good Corporate Governance principles to maintain corporate integrity and sustainability.
Legal Protection Of Copyright Owners For Violation Of Song Sung Without Permission (Case Study Of Case No. 92/Pdt.Sus-Hki/Cipta/2024) Asyhadi, Farhan; Amaliya, Lia; Sulaeman, Aef; Rosidawati, Imas
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

Abstract

Copyright protection plays a vital role in the music industry, which has high economic value. However, the use of songs without permission from the copyright owner still frequently occurs, such as in the dispute between Arie Sapta Hernawan (Arie Bias) and Agnez Mo (Agnes Monica Muljoto). Agnez Mo used Arie's songs in three commercial concerts without permission. This issue focuses on the violation of the creator's economic rights due to the use of works without a license or official permission. The Jakarta Commercial Court Decision Number 92/Pdt.Sus-HKI/Hak Cipta/2024 considered the defendant's actions as copyright infringement, emphasizing the importance of permission from the rights holder before the work is used commercially. This decision provides legal certainty for creators to enjoy their economic rights and strengthens the legal position of the owner of the work. This study uses a normative juridical method with a descriptive approach, focusing on concrete case analysis. The data used comes from secondary legal materials, including primary, secondary, and tertiary materials. Data collection was carried out through literature studies, while analysis was carried out qualitatively with the stages of data verification, reconstruction of legal information, and preparation of systematic conclusions. With this approach, the research aims to examine the existence of exclusive rights of creators and the limits of their use by other parties.

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