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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 246 Documents
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.
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.
Consumer Rights Protection on Sugar Content Information in Ready-to-Eat Food Products: An Analysis of Consumer Protection Law and Health Government Regulation Implementation Keliat, Venia Utami; Perkasa, Anggada
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.v8i2.7991

Abstract

The increasing prevalence of non-communicable diseases in Indonesia, particularly diabetes and obesity, correlates with excessive sugar consumption. Ready-to-eat food products often lack comprehensive sugar content information, potentially violating consumer rights. This study analyzes consumer rights protection implementation regarding sugar content information on ready-to-eat food products under Indonesian Consumer Protection Law and Health Government Regulations. This normative legal research employs statutory, case, and comparative approaches. Data were collected through literature review of primary legal sources and secondary materials, analyzed using qualitative descriptive methods. Significant implementation gaps exist despite comprehensive legal frameworks. Only 37% of surveyed outlets provide complete nutritional information. While Article 4(c) of Consumer Protection Law guarantees information rights and PP 28/2021 mandates nutrition labeling, enforcement remains weak. Key obstacles include regulatory inconsistencies, limited institutional capacity, high compliance costs, and low consumer literacy (42% urban, 18% rural). Substantial gaps between legal mandates and actual practice require multi-faceted solutions: regulatory harmonization, institutional strengthening, economic incentives, and massive public education campaigns.