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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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PANDANGAN TENTANG HUKUM DAN KEADILAN Jarot Jati Bagus Suseno
Ilmu Hukum Prima (IHP) Vol. 1 No. 2 (2018): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

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Abstract

Law as a method is always declared to be generally applicable to anyone and anywhere in the territory of the country, without discrimination. Although there are exceptions stated explicitly and based on certain reasons that can be accepted and justified. Basically, the law does not apply in a discriminatory manner, except for law enforcement officials or organizations in social reality that have imposed the law in a discriminatory manner. Finally, law enforcement does not reflect the existence of legal certainty and a sense of justice in society. Law will be meaningful if human behavior is influenced by law and if people use the law according to their behavior, while on the other hand the effectiveness of the law is closely related to the problem of legal compliance as the norm. This is different from the basic policies that are relatively neutral and depend on the universal value of the objectives and reasons for establishing legislation. In practice we see that there are laws which are mostly obeyed and there are laws that are not obeyed. The legal system will clearly collapse if everyone does not comply with the law and the law will lose its meaning. The ineffectiveness of laws tends to influence the timing of attitudes and quantity of non-compliance and has a real effect on legal behavior, including behavior of lawbreakers. This condition will affect law enforcement which guarantees certainty and justice in the community.
ERADICATION OF CRIMINAL ACT OF STEALING BY VIOLATING IN DELI TUA AREA Marolop Marolop Marolop
Ilmu Hukum Prima (IHP) Vol. 1 No. 2 (2018): JURNAL ILMU HUKUM PRIMA
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Abstract

The objective of the study is to describe the efforts to eradicate violent theft by violence in the Delitua region. This research is used a juridical empirical research method that emphasizes the use of primary data from the results of interviews with the appropriate resource persons with the problem under study to obtain facts that occur in the field or research location. These data were analyzed using descriptive method by describing the symptoms in the community against a case under study. In this study, it is stated that there are some factors that cause theft by force; namely economic, environmental factors. education level, and Narcotics. Crime prevention policies issued are by following criminal law policies issued by Medan Police Resort Office that is Operation 810 (Shoot directly on the spot) and the efforts of The Delitua Police Sector to deal with violent crimes through preventive efforts; by gathering all security officers from companies and housing and providing counseling on how to protect the environment from strangers. The second preventive effort carried out is to improve the performance of the police, socialization and community approaches in order to create coordination and cooperation that synergizes in creating security.
ASPEK HUKUM PERJANJIAN FRANCHISE suhaila zulkifli zulkifli
Ilmu Hukum Prima (IHP) Vol. 1 No. 2 (2018): JURNAL ILMU HUKUM PRIMA
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Abstract

In Indonesia a retail sales business such as a franchise is being developed. Although the use of a franchise system in Indonesia has been rife by the business community and has been going on for quite a long time, but in the 1997 battle, there was a regulation that specifically regulates the franchise problem.That the form of a franchise agreement between the producer and the seller is in the form of a standard agreement which contains the rights and obligations that must be carried out by the parties. The legal consequences if there is a default in the franchise agreement between the producer and the seller, then the party causing the loss is obliged to provide compensation to the aggrieved party to the dispute. If in a franchise agreement a dispute occurs, it must be submitted to the Arbitration Court. The role of the court in overruling the contract from the form of franchise contract is based on article 1338 paragraph 3 of the Civil Code of the principle of good faith so that the judge is authorized to interpret the contents of the franachise agreement whether in accordance with propriety and appropriateness, in addition to binding an agreement under normal conditions, to prevent injustice.
UPAYA PERLINDUNGAN HUKUM BAGI ANAK JALANAN YANG BERPROFESI SEBAGAI PENGAMEN DI DAERAH MEDAN BRAYAN zulkarnaen zulkarnaen zulkarnaen
Ilmu Hukum Prima (IHP) Vol. 1 No. 1 (2018): JURNAL ILMU HUKUM PRIMA
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Abstract

The focus of this thesis is on legal protection for street children who work as buskers by the Medan city government in terms of the Law on Child Protection Laws. In this case, the writer used a descriptive Empirical law research method and the analysis that some conclusions are drawn as follows: 1). Generally, the legal protection provided by the Medan city government to street children is a form of assistance if the children are involved or involved in criminal matters. For example, the Medan city government advocates for children who have committed violations or have been victims of physical and psychological violence, etc. However, if the street child is not involved in any legal problem, the Medan city government does not seem to care. This can be proven by the presence of street children at day and night without any supervision from the city government in Medan, in this case, a related section of government. 2). The underlying factors causing them to be street children are the weaknesses of supervision by relevant agencies. Lack of coordination between agencies. 3). Strategic steps taken by the city government are to make a special program on child protection although it cannot be applied by the agency or institution that is given the authority, duties and functions to provide protection to children. This is due to no action or concrete action taken by the agency, namely the Agency for Empowering Women, Children and Family Planning (BPMPAKB) for street children. The research suggest that: 1). Relevant institutions or agencies must supervise and coordinate legal protection that can be given to street children and direct them to leave their profession. 2). increasing the role of non-governmental organizations that are very concerned about street children.
PERANAN KEPOLISIAN TERHADAP PERBUATAN MAIN HAKIM SENDIRI YANG DILAKUKAN MASYARAKAT DALAM TINDAK PIDANA PENCURIAN zulkarnaen zulkarnaen zulkarnaen
Ilmu Hukum Prima (IHP) Vol. 1 No. 2 (2018): JURNAL ILMU HUKUM PRIMA
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Abstract

Crime of vigilante is the term for actions to punish a party without going through a process that is in accordance with the law Law enforcement against the perpetrator of this crime must be carried out firmly, straightforwardly and accurately based on justice, truth value and not based on an interest. Based on this background, this study was carried out using normative and juridical empirical juridical methods. The research data were secondary data obtained through literature studies. The research data were then analyzed to facilitate interpretation and understanding of the results of the analysis to answer the existing problems. a. The ability of the offender to be responsible for his actions. b. Reason for reasons that justify the perpetrator who abolishes criminal liability for the maker. If the three elements have been fulfilled the perpetrator can be subject to criminal law. If there are no reports of abuse, and no community wants to provide witness testimony, then this action is difficult to prove the truth. This study suggests that law enforcement against vigilante crimes to punish people must be upheld. The perpetrators of this crime must be handed over to law enforcement officers to be processed according to the law so that the community that the action of the vigilante to punish people is categorized as one of the crimes.
EKLEKTISISME ANTARA HUKUM ISLAM DAN HUKUM UMUM: STUDI KRITIS ATAS GAGASAN AHMAD QODRI AZIZY DALAM MEWUJUDKAN HUKUM NASIONAL Yudarwin Yudarwin Yudarwin
Ilmu Hukum Prima (IHP) Vol. 1 No. 1 (2018): JURNAL ILMU HUKUM PRIMA
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Abstract

Indonesia currently does not have a legal pattern that reflects the personality of its people. The Act which is used as a law that applies, both in law and in the field of civilization is the acceptance of the inheritance of Dutch colonial law. Given this, the idea of realizing Indonesian national law is absolutely necessary. But how do you do it? Professor Ahmad Qodri Azizy, Ph.D, a figure who is an expert in the field of Islamic law tried to offer this idea in his book, National Law: Eclecticism in Islamic Law and General Law. In the book, it is explained that the eclecticism approach is a way of choosing which among the raw materials of national law consists of Islamic law, Western law and Customary law which is the best in realizing national law. Therefore, the problems examined in this study are; what is the concept of eclecticism in Islamic law and general law according to A. Qodri Azizy? This research is classified as a type of normative legal research that is descriptive-critical. In this study, data about the ideas of A. Qodri Azizy and the reasons behind the emergence of these ideas were explored as thoroughly as possible, then criticized to produce an assessment. The approach taken in this study is the historical approach and the comparative approach. These two approaches are expected to understand the history of Western law with the elements behind it; both in terms of thinking and philosophy, changes and developments, as well as positive and negative values of the similarities and differences in Islamic law and Western law. Because this research is also related to the idea of A. Qodri Azizy as a figure, this study also uses a critical-analytical approach, in which this approach will reveal the strengths and weaknesses of the ideas of A. Qodri Azizy regarding the legal eclecticism offered. Data analysis was carried out using constant comparative analysis, namely by concentrating the description of the ideas of A. Qodri Azizy with the problems discussed and comparing them with other data. And the results found from this study are; first, the concept of legal eclecticism initiated by A. Qodri Azizy in realizing national law was not just born.
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA (TINJAUAN PUTUSAN Nomor : 08/Pid.B/ 2013/PN.GS) Yusfandi Zendrato Zendrato Vicky Qadosi Duha; Adrianus Amajihono Amajihono Amajihono
Ilmu Hukum Prima (IHP) Vol. 2 No. 1 (2019): JURNAL ILMU HUKUM PRIMA
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Abstract

The crime of murder is planning a crime eliminates the life of another with a double a mature plan which can be caused by many factors such as economic conditions, social status, religion and others, where a criminal offence is including a criminal offence related to humanity. Accountability law against the perpetrators of the crime of murder was planned in accordance with article 340 of the book the laws of criminal law, namely in the form of criminal dead or in jail. In applying such article is inseparable from the rule or rules that apply in the law of criminal procedure so that created a system of conviction that can fulfill the purpose conviction itself. The overthrow of the criminal perpetrators of criminal acts against the assassination plan must be with the deliberations of judges such as the elements of a criminal offence which must be met, as well as evidence of the facts in the trial, so that the resulting verdict later can be accounted for.
KETAATAN PELAJAR SMU TERHADAP ATURAN PELARANGAN MINUMAN KERAS DI WILAYAH POLSEK JAKARTA BARAT crestella vallery
Ilmu Hukum Prima (IHP) Vol. 2 No. 1 (2019): JURNAL ILMU HUKUM PRIMA
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Abstract

In teenager’s period children experience puberty. Teenagers tend to be unstable, emotional and have a big curiosity. A great curiosity in a child is sometimes not developed or use for positive things but instead to negative things, one of it is consuming liquor. It makes consumers drunk and unconscious. Moreover in Indonesia there is a regulation that teenagers under 21 years old are not permitted to consume alcoholic beverages but there are still many teenagers who consume alcohol. On this occasion the author will discuss the opinions or responses of citizens regarding the effectiveness of liquor laws for teenagers under age of 21 years. Based on the survey results, the authors learned that the public considered the government is not strict about the regulations on teenagers under the age of 21 that consume liquor due to lack of tightening and implementing the rules. In addition, it is also due to the lack of supervision of ID cards or identity cards and liquor easily available at low prices. Thus, it can be said that according to the citizens the legal effectiveness of the prohibition of teenagers under the age of 21 is still not effective and has not been implemented properly.
Analisis Terhadap Penegakan Hukum Pemilu Dalam Perspektif Undang-Undang Nomor 7 Tahun 2017 di Indonesia: Penegakan Hukum Pemilu Vanessa Octavia
Ilmu Hukum Prima (IHP) Vol. 2 No. 1 (2019): JURNAL ILMU HUKUM PRIMA
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Abstract

Abstract The title of this is article is "Analysis of Election Law Enforcement in the Perspective of Law Number 7 of 2017" The main problem we raised is how the Electoral Commission faces changes to Law No. 15 of 2011 concerning election administrators and Law Number 8 of 2012 concerning the election of DPR, DPD and DPRD Members into Law Number 7 of 2017 and what are the challenges faced by Electoral Commission in the Implementation of Laws Number 7 of 2017. In this paper the method we used is juridical normative analytical that gives an overview of an object through certain analytical techniques. The ways that can be done by the KPU in dealing with changes to Law Number 15 Year 2011 concerning election administrators and Law Number 8 of 2012 concerning the election of DPR, DPD and DPRD Members become Law Number 7 Year 2017. Something that can be made are involving electoral institutions, which in this case is the Election Supervisory Body and its ranks. Therefore, Election Supervisory Body must increase strict supervision in the administration of elections. Keywords: How to deal with changing laws, Challenges faced by the Electoral Commission, Law Number 7 of 2017
TINJAUAN YURIDIS TERHADAP KEABSAHAN SUATU PERJANJIAN OLEH PARA PIHAK YANG MENGAKIBATKAN WANPRESTASI (PUTUSAN NO.336/PDT/2014/PT.MDN) Atika Atika Sirait; Nova Nova Sherly; Tiopan Tiopan Aritonang; Roby C Sianturi
Ilmu Hukum Prima (IHP) Vol. 2 No. 1 (2019): JURNAL ILMU HUKUM PRIMA
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Abstract

Article 1338 BW states that agreements must be carried out in good faith. But in the case of this decision, the Defendant I did not have a good intention in the agreement. Opponents defaulted on the Opponents by lending money and not returning it according to the agreed time. A few months later, Defendant I wanted to pay off his debt by giving 2 blank checks as a fulfillment of the promise of the agreement and it turned out that it could not be disbursed / rejected by the bank. The purpose of this study is, (a) to find out that the agreement made by the Opponents and the Defendant I is legal or not in accordance with applicable laws; (b) in order to know the legal consequences of breach of the validity of the agreement between the Opponent and the Defendant I; (c) in order to find out the name of the deed of sale and purchase in that case is legal or not in accordance with the applicable law. The method used in this study is a normative juridical method. The results of this study indicate that (a) the agreement made by the Opponents and the Defendant I has fulfilled the legal requirements of the agreement but the Defendant is in default; (b) the legal consequences that should be received by the Defendant in accordance with Article 1243 BW are obliged to pay compensation suffered by the Defendant; (c) turning the name of the certificate should not be valid because of the cancellation of the agreement on the default made by the Defendant I against the Opponent.

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