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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 260 Documents
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Legal Certainty Of The Application Of The Systematic Lex Specialis Principle In Indonesian Criminal Tax Law Saat, Eli; Iryani, Dewi; Rae, Gradios Nyoman Tio
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v9i1.7769

Abstract

This study examines legal certainty in applying the lex specialis systematicis principle within Indonesian criminal tax law. As a branch of special criminal law (bijzonder strafrecht), tax law faces enforcement issues due to overlap and potential conflict with general criminal provisions in the KUHP. The principle asserts that a rule is “special” if designated by the legislator or if it deviates from other specific norms, ensuring tax law is applied within clear legal boundaries. The research uses a juridical-normative method with statutory and conceptual approaches. It analyzes relevant legislation on taxation and general criminal law, alongside legal doctrines, expert opinions, and court decisions. Findings show that Indonesian criminal tax law possesses systematic specificity, meaning tax provisions should take precedence over general criminal rules in handling tax offenses. This applies to both substantive and procedural aspects, including offense classification, sanctions, and mechanisms such as limited reverse burden of proof. However, debate persists بشأن whether criminal tax law fully qualifies as special criminal law and whether the lex specialis systematicis principle applies absolutely. Legal certainty remains challenged by inconsistent interpretation and application. The study concludes that stronger legal harmonization and consistent jurisprudence are required to ensure clarity, fairness, and reliability in tax law enforcement.
Legal Synchronization Analysis Between Supreme Court Regulation No. 1 of 2019 on E-Litigation and Evidence Provisions in HIR/RBG MT, Muhammad Zaki Asshafi; Ahmad Irfan Naufal; Muhammad Eric Lionel Prananda
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v9i1.8039

Abstract

The digitalization of the judiciary through E-Litigation, as regulated in Supreme Court Regulation No. 1 of 2019, presents challenges in synchronizing with Indonesia’s classical civil procedural law (HIR/RBG), which has been in force for more than a century. This study examines the compatibility between electronic evidence mechanisms under PERMA No. 1 of 2019 and the evidentiary provisions in Article 164 of HIR and Articles 284/285 of RBG. Employing normative legal research with statutory and conceptual approaches, the analysis focuses on vertical and horizontal synchronization. The findings reveal that vertically, PERMA No. 1 of 2019 functions as a gap-filling regeling teknis that expands the interpretation of documentary evidence without contravening higher-level norms. Horizontally, synchronization with the Electronic Information and Transactions Law (ITE Law) provides substantive legitimacy to electronic documents as valid evidence. While procedural unification has been achieved, the main obstacle lies in the legal culture of practitioners who remain attached to paper-based evidence. This study contributes by offering a dogmatic analysis of synchronization—particularly the hierarchical and cultural dimensions—which has been less emphasized in prior studies.
Harmonization of Customary Criminal Acts in Bengkulu within the National Legal System Mardhatillah, Mardhatillah; Ferdiansyah , Aldi; Satrya Putra, Raden; Al Fariq, Damar; Labuda Aziz, Fika
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v9i1.8066

Abstract

The existence of customary law in Indonesia, including in Bengkulu Province, is part of the legal pluralism that is still alive and thriving in society. However, in practice, the implementation of customary criminal acts often faces challenges in its integration with the national legal system, particularly regarding the dualism of case resolution, legal certainty, and protection of human rights. This condition raises the need for harmonization between customary criminal law and national law to create a just and effective legal system. This study aims to analyze the forms and characteristics of customary criminal acts in Bengkulu and formulate an appropriate harmonization model within the framework of the national legal system. The research method used is normative legal research with a statutory and conceptual approach, through a qualitative descriptive analysis of primary, secondary, and tertiary legal materials. The results show that customary criminal acts in Bengkulu have a communal and restorative character oriented towards restoring social relations. Harmonization can be achieved by strengthening the recognition of customary law in regulations, integrating the principles of restorative justice into the criminal justice system, and establishing limits on the types of cases that can be resolved through customary law. Thus, this harmonization is able to maintain a balance between the local values ​​of indigenous communities and the principles of national law.
Rehabilitation of Corruption Convicts: A Modern Sentencing Theory Perspective Gunawan, Ghani Fauzan; Abdulgani, Rika Kurniasari
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

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Abstract

This study examines the application of rehabilitation for individuals convicted of corruption offenses through the lens of modern sentencing theory, and proposes normative criteria for its implementation within Indonesian positive law. Using a normative juridical method with statutory, conceptual, and case-based approaches, legal materials were analyzed qualitatively. The findings reveal that rehabilitation in Indonesian law rests on a strong constitutional foundation as an attributed power of the President, and has progressively evolved into an instrument for protecting individual rights within the criminal justice system. However, the existing legal framework remains incomplete, as it does not explicitly accommodate rehabilitation for convicts whose sentences carry permanent legal force—particularly in corruption cases that intersect with business decision-making. From a modern sentencing theory perspective, rehabilitation functions as a corrective mechanism to shield individuals from potential state error, provided it does not compromise the public interest in eradicating corruption. Accordingly, five strict normative criteria are proposed for its application: (1) demonstrable error in the criminal conviction, (2) a lawful basis of authority, (3) relevance to the business judgment rule, (4) adherence to the principle of proportionality, and (5) assurance that no impunity is created. Rehabilitation, under these conditions, should be viewed not as a weakening of criminal law, but as an integral corrective mechanism within the rule of law that sustains a balance among legal certainty, justice, and social utility.
Legal Status of Wills Not Reported by Notaries to the Will Registration Center (Case Study: Decision Number 91/Pdt/2021/PT.PTK) Verdilla, Utami Dinda; Hasbi, Muhammad; Mannas, Yussy Adelina
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v9i1.8291

Abstract

This study examines the legal standing of a notarial will deed not reported to Indonesia's Central Will Registration Center, with a case study of Pontianak High Court Decision No. 91/Pdt/2021/PT.PTK. Using a normative juridical method—statutory, conceptual, and case approaches—the study addresses two questions: (1) what is the regulatory framework for will reporting by notaries? and (2) what were the judges' considerations in Decision No. 91/Pdt/2021/PT.PTK? The study finds that the reporting obligation rests on a hierarchical normative structure: the Civil Code as material law, Law No. 30/2004 as amended by Law No. 2/2014 on the Notary Profession (UUJN) as the obligation-setter, and Minister of Law Regulation No. 16/2025 as the technical instrument. Despite this clear framework, the Pontianak High Court held that a notarial will retains its evidentiary force as an authentic deed even when not reported to the Will Registration Center, because reporting is an administrative obligation of the notary and its omission does not constitute a ground for nullification under existing law. This creates a normative gap that weakens legal certainty for heirs and beneficiaries.
Regulations for Cancellation of a Will with the Existence of Legal Heir Based on Decision Number: 805/PDT/2018/PT.DKI Putra, Sepwira Drana Wasistha; Daulay, Zainul; Hasbi, Muhammad
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v9i1.8292

Abstract

A will deed is an authentic deed made before a Notary pursuant to Article 15(1) of Law No. 30/2004 on the Notary Profession (amended by Law No. 2/2014). Although a notarial will carries perfect evidentiary power, it may be cancelled when it conflicts with the rights of legitimate heirs (legitieme portie). This normative juridical study employs statutory and case approaches to examine: (1) the regulatory framework for cancellation of a will in the presence of legitimate heirs; (2) the judicial considerations in High Court Decision No. 805/PDT/2018/PT.DKI; and (3) the legal consequences of that cancellation for all parties. Results show that cancellation is governed by Articles 875–940 of the Civil Code; the High Court confirmed that Will Deed No. 32 violated the heirs’ absolute share, rendering it without binding legal force; and the consequences include loss of the deed’s evidentiary power, redistribution of the estate to lawful heirs, and potential civil liability for the Notary.
IP Conflicts in the Music Industry: The Misuse of Sampling from a Copyright Perspective : English Farel, Galang; Fadhilah, Meita
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v9i1.8317

Abstract

Intellectual Property Rights (IPR) conflicts in the music industry, focusing on the misuse of sampling that often leads to legal disputes. Sampling, as a modern music creation technique, carries artistic value, yet its use frequently clashes with copyright protection. This study employs a normative legal method through statutory approaches and case analyses. The findings indicate that sampling without permission from the copyright holder has the potential to infringe both the moral and economic rights of the creator, thereby leading to legal consequences. These results emphasize the importance of a deeper understanding of copyright regulations among music industry actors in order to achieve a balance between creative freedom and the protection of intellectual property rights.
Limitations On The Application Of Cross-Border Insolvency Principles In Bankruptcy Proceedings In Indonesia: English Pramesywari, Dania
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v9i1.8318

Abstract

According to Roman Tomasic, cross-border insolvency, also known as international insolvency, occurs when a debtor declared insolvent holds assets in more than one country or has creditors from other countries. The primary goal of cross-border insolvency is efficiency, so that the bankruptcy proceedings can be resolved in a single case, without having to file separate proceedings in every country where the debtor has debts or assets. This phenomenon is becoming increasingly common due to economic globalization and the rise in international trade. However, in Indonesia, regulations regarding cross-border insolvency remain limited and often pose challenges in handling cases involving foreign assets or creditors.
Determination Of Notary Service Fees For The Preparation Of Authentic Deeds In Payakumbuh City Sari, Rani Permata; Arben, Ali
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

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Abstract

The emergence of improper competition among notaries is partly due to the imposition of service charges or honorariums that are lower than the provisions outlined in the Law and the Ethical Guidelines. This is very contrary to what is regulated by the UUJN and the Notary Code of Ethics, because notaries are prohibited from making efforts to determine service rates below the standard to get as many clients as possible, but in practice there are notaries who do this. For this reason, in cases like this, there needs to be supervision by the Notary Supervisory Board regarding the implementation of Notary honorariums. "From several percent of the sociological and economic value needs to be determined" This is very difficult because the Notary determines the exact sociological value of the deeds being made. In reality, UUJN Article 36 paragraph 2 is less than satisfactory, it can be said that the amount of honorarium made by public officials is based on the exact economic value and the exact sociological value of all deeds made. a public official whose function is to prepare authentic deeds. The code of ethics aims to ensure that every action taken by a notary is based on the principles of professionalism, objectivity, and the interests of the community and the state.
Criminal Liability of Notaries in Connection with the Making of Covernotes (Study of Supreme Court Decision Number: 5710k/Pid.Sus/2023) Dinata, Alexs Alfa; Danil, Elwi; Mulyati, Nani
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
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Abstract

A notary is a public official with special authority regulated by a specific law, namely the Notary Office Law. Notaries have the authority to issue deeds and are also authorized to issue deeds related to land matters. Notary Elviera was implicated in a corruption case for issuing a covernote in the process of disbursing a loan applied for by PT. KAYA at Bank BTN Branch Medan, where the covernote stated that Notary Elviera had received 93 SHGBs to be used as loan collateral, whereas in reality, out of the 93 SHGBs that were supposed to be transferred and encumbered, only 5 SHGBs were transferred to PT. RICH and encumbered. The remaining SHGBs were not transferred and no mortgage rights were attached because PT. KAYA (the debtor) did not pay the BPHTB (Land and Building Acquisition Tax) and PPh (Income Tax) as requirements for the transfer of ownership, which is followed by the attachment of a mortgage. The process of transferring ownership and attaching a mortgage is the responsibility of the defendant Elviera as a Notary/PPAT who has a work contract with Bank BTN Branch Medan. Therefore, the court ruled that Notary Elviera's role in issuing the covernote for the loan disbursement process could be classified as aiding and abetting the commission of a corruption offense. What is puzzling to the author in the case involving Notary Elviera is that the core issue is the failure to transfer the title and attach the mortgage in the case because PT. KAYA (the debtor) refused to pay the BPHTB and related taxes, even though it had received and enjoyed credit facilities from Bank BTN Medan Branch amounting to Rp.39,500,000,000.00 (thirty-nine billion five hundred million rupiah). Therefore, the questions are: 1. How is the legal certainty of the covernote made by the Notary for the parties in the banking credit transaction. 2. How is the Judge's Consideration in imposing a criminal penalty on the Notary who made the covernote in the credit agreement (Study of Supreme Court Decision Number: 5710k / Pid.Sus / 2023). In this study, the researcher used the Normative Juridical problem approach method with a case approach (case approach) and a Statute approach (statue approach). The data sources used are secondary data with primary legal materials, secondary legal materials and tertiary legal materials. For the theories used are the theory of legal responsibility, the theory of legal certainty and the theory of legal protection. The results of the first problem formulation, the covernote does not have legal certainty because there is not a single article or paragraph that explains that the Notary makes or publishes a covernote as regulated in Article 15 of Law Number 2 of 2014 regarding the amendment to Law Number 30 of 2004 concerning the Position of Notaries regarding the authority of the Notary. Second, the judge's considerations in the Elviera case should consider non-juridical aspects, which are the basis for the judge's considerations,useful for examining social backgrounds such as education, residential environment and work, as well as knowing the defendant's motives for committing a crime.

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