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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 274 Documents
A Fair Protection Model for Trademark Owners Unregistered Due to Registration Negligence Muhammad Iridenta Tania; Gunardi Lie; Ade Adhari
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 discusses a fair model of brand protection for unregistered brand owners due to registration negligence by examining the constitutive and declarative systems in Indonesia. The objective of the study is to formulate a legal protection model that grants rights based on actual use while guaranteeing legal certainty through formal registration. The method used is normative juridical with a qualitative approach, reviewing laws and regulations, court decisions, and related literature. The results show that a hybrid model combining the constitutive and declarative systems provides a balanced protection solution. Implementation of this model requires support from regulatory revisions, outreach to business actors, and effective law enforcement to prevent unfair competition. In conclusion, this hybrid protection model can improve fairness and certainty in brand protection in Indonesia.
Analysis Of The Application Of The Principle Of Pacta Sunt Servanda In Judges' Decisions On Debt Disputes Based On Unwritten Agreements Lia Amaliya; Farhan Asyhadi; Ahmad Saprudin
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

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Abstract

Unwritten debt agreements can cause various problems in the future. One of them is uncertainty regarding the contents of the agreement. One of the most fundamental principles in contract law is the principle of pacta sunt servanda or the principle of legal certainty. This principle relates to the consequences of the agreement. The purpose of this study is to determine the legal provisions related to debts made unwritten based on contract law and to determine the judge's considerations in applying the principle of pacta sunt servanda to debt disputes based on unwritten agreements. This study uses a normative juridical research type. The conclusion in this study is that a valid agreement is an agreement that has fulfilled the requirements for a valid agreement in accordance with Article 1320 of the Civil Code and will have legal consequences for the parties who made it. One of the legal consequences that binds the parties is Article 1338 paragraph (1) of the Civil Code which relates to the principle of Pacta sunt servanda.  
Wakaf Properties Used As Guarantee For Debt Are Reviewed In Law Number 41 Of 2004 Concerning Wakaf And The Compilation Of Islamic Law Farhan Asyhadi; Lia Amaliya; Ahmad Saprudin
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

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Abstract

Land is one of the most common objects used as collateral. Waqf will be valid as a continuous charity after the owner truly declares the assets he has donated to be public assets and he freezes his rights for the benefit of the community. The identification of the problem in this study is How is the view of Islamic Law and Law Number 41 of 2004 regarding waqf assets used as collateral for debt? As well as the Legal Consequences of waqf land used as collateral According to Law Number 41 of 2004 The methodology used in this study uses normative juridical, The conclusion of this study is based on Article 40 of Law Number 41 of 2004 concerning Waqf that waqf assets are prohibited from being used as collateral, confiscated, donated, sold, inherited, exchanged, transferred in other forms of transfer of rights. And in Article 225 of the Compilation of Islamic Law, objects that have been donated cannot be changed or used other than those intended in the waqf pledge. The agreement with collateral in the form of waqf land does not meet the requirements for a lawful cause, thus the agreement is null and void by law. The criminal provisions are regulated in Article 67 of Law No. 41 of 2004.  
The Criminalization Of Non-Consensual Deepfake Acts From The Perspective Of Positive Criminal Law And Human Rights Protection Anggada Perkasa
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.v9i1.8629

Abstract

The development of generative artificial intelligence technology has given rise to the phenomenon of deepfakes, which involve the manipulation of a person's face, voice, or body language into synthetic audiovisual content that resembles the original. When this technology is used without the consent of the manipulated subject, particularly in the form of sexually suggestive content, fraud, or defamation, serious legal issues arise because Indonesian positive criminal law does not yet have norms that specifically and comprehensively regulate such acts. This study aims to analyze the position of non-consensual deepfakes within the framework of Indonesian positive criminal law and examine the urgency of their criminalization from the perspective of human rights protection. This study uses a normative juridical method with a legislative approach, a conceptual approach, and a case approach. The research findings indicate that relevant provisions are partially covered in the Electronic Information and Transactions Law, the Pornography Law, the Personal Data Protection Law, the Sexual Violence Law, and Law Number 1 of 2023 concerning the Criminal Code, which came into effect on January 2, 2026, specifically Articles 172 and 407 concerning pornography and Article 492 concerning fraud. However, these provisions do not explicitly address the elements of non-consent and the synthetic nature of a person's image as separate locus delicti, so enforcement still relies on general articles not designed for AI-based crimes. From a human rights perspective, non-consensual deepfakes constitute a violation of the right to privacy, the right to honor and dignity, and have the potential to constitute a form of online gender-based violence. This research recommends the need for a specific criminal norm (lex specialis) that explicitly regulates non-consensual deepfakes, along with strengthened redress mechanisms for victims.