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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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IMPLEMENTASI PERATURAN DAERAH NOMOR 7 TAHUN 2011 TENTANG PAJAK HIBURAN DI TINJAU DARI HUKUM ADMINISTRASI NEGARA (Studi Kota Medan) Rinaldi Eka Saputra Aruan
Ilmu Hukum Prima (IHP) Vol. 2 No. 1 (2019): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

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Abstract

Entertainment tax is one of the sources of regional income that is relied on by the city government for financing development. Medan City, which is one of the tourist cities where there are many entertainment venues such as malls, karaoke venues, movie theaters, nightclubs, art shows and so on. As for the problem in this study is the regulation of entertainment tax in Medan City, Implementation of Regional Regulation Number 7 of 2011 concerning Entertainment Tax Judging From State Administrative Law, Constraints in the Implementation of Regional Regulation Number 7 of 2011 Regarding Entertainment Tax Viewed From State Administrative Law. This study uses normative legal research methods. The normative legal research method studied is only material. Entertainment tax registration and taxpayer registration is the initial process before the object of entertainment tax is taxed, which is the process of collecting subject and tax object data which will later be used to conduct entertainment tax assessments and stipulations.
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PELAKU PENGANIAYAAN YANG MENGAKIBATKAN LUKA BERAT DIBAGIAN KEPALA (PUTUSAN NOMOR : 317/PID.B/2018/PN.MDN) Sialagan, David Seh Tumonggi; Simangunsong, Toni Wijaya; Sitepu, Yogie Ronaldo
Ilmu Hukum Prima(IHP) Vol 1 No 2 (2019)
Publisher : jurnal.unprimdn.ac.id

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Abstract

Criminal acts of torture are acts carried out in the form of attacks on the body or parts of the body that cause pain or injury, and even cause death. On this occasion, this paper aims to find out the application of criminal law to criminal acts of abuse that result in severe headaches. And to find out the legal considerations for judges in the imposition of criminal acts against perpetrators of criminal acts of abuse which resulted in serious injuries in the head in the case decision number 317 / PID.B / 2018 / PN MEDAN. To achieve these objectives the author uses data collection techniques with a literature study and the type of research carried out is normative juridical. The results of this study indicate the application of the law decided by the judge to the crime of abuse which resulted in severe head injuries. And the legal considerations of judges in imposing criminal sanctions must first be fulfilled elements of the article in the indictment and actions of judges to consider matters that alleviate and burden the defendants (perpetrators of the persecution).
PERLINDUNGAN HUKUM KEPADA ANAK DI BAWAH UMUR TERHADAP TINDAK PIDANA PENCABULAN (TINJAUAN KASUS No.2795/Pid.Sus/2017 PN Medan) Juniko Andreas Sihombing
Ilmu Hukum Prima (IHP) Vol. 2 No. 1 (2019): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

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Abstract

Legal protection given to children as victims of sexual abuse by obscene perpetrators includes: rehabilitation efforts, given to children as victims of criminal acts of sexual abuse by providing a psychological rehabilitation effort for the child, so that the child can return to normal in the community. And the factors that cause the crime of sexual abuse against minors in this case are internal factors such as religious, family, psychiatric, psychological, external factors in the form of environmental factors. And where in the judge's consideration of criminal acts of molestation to children brought to age (review decision number: 2795 / PID.SUS / 2017 / PN.Medan) in accordance with the evidence in this case, namely witness statements, letters, and statements of defendants that are mutually relevant, so that the panel of judges gained the conviction that the defendant had committed an offense against the underage child, namely with article 81 paragraph (1) in conjunction with article 6D of Law No. 35 of the year concerning child protection. Therefore the author expects the participation of the police to conduct intensive supervision of cases of criminal acts of molestation to minors. And to parents and the surrounding community to pay more attention to and improve supervision of children, and get attention from parents.And to the government in order to be able to carry out tighter supervision of the development of the internet at this time.
PERLINDUNGAN HUKUM TERHADAP KARYAWAN YANG DIRUMAHKAN DALAM PERJANJIAN KERJA WAKTU TIDAK TERTENTU ( PUTUSAN : NOMOR 491 K/PID.SUS-PHI/2017) Willy Tanjaya; Ellert Ellert Ellert
Ilmu Hukum Prima (IHP) Vol. 2 No. 1 (2019): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (300.262 KB) | DOI: 10.34012/jihap.v2i1.536

Abstract

That, if the Labour Law protects laid-off workers where workers still get full wages during layoffs. This is regulated in section 93 of article 2 letter f of Labour Law Number 13 of 2003 concerning Labor which states that employers are obliged to pay workers' wages, if workers are willing to do the work promised, but employers do not employ either their own mistakes or obstacles that should be avoided Company. But in practice there are still many workers who are laid off without receiving wages and do not know about their own rights and obligations as discussed in the decision Number 491 K / Pdt.Sus-PHI / 2017 where laid-off employees do not get rights and obligations a permanent work agreement during the lay down period. The purpose of this journal is to find out whether permanent work agreement can be laid off or not, to find out the rights possessed by employees during laying off by the company and the suitability of judges' consideration in giving such decisions to employees laid down based on Labour Law Number 13 of 2003 concerning Labor. The study was conducted using normative juridical research methods with secondary data legal material sources in the legislation and decisions and circulars related to employment with the nature of descriptive legal research. Based on the analysis of the results of the study, it can be concluded that the term laying off permanent work agreement can be carried out under conditions where the rights and obligations of workers are required to be fulfilled in accordance with the law.
LEGAL ANALYSIS ON CRIMINAL ACT OF NARCOTICS AS CRYSTAL METH DISTRIBUTOR IN MEDAN (REVIEW OF DECISION NO. 473/PID.SUS/2015/PT.MDN wagirin wagirin wagirin
Ilmu Hukum Prima (IHP) Vol. 1 No. 2 (2018): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

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Abstract

The study was intended to explore the application of law for drug traffickers of the type of methamphetamine based on court decision No. 473 / PID.SUS / 2015 / PT.MDN. Narcotics is an interesting issue to discuss because it is always followed by opinions that are pro and contra. The provision of criminal law can be interpreted as one of the penalties given to someone who violates the applicable law. In this case, a narcotics addict can be considered a violator of the law, because he has been abusing drugs. In accordance with the times, which are marked by technological advances, information and communication can multiply people to engage in criminal acts. The results of this study indicate that the application of material criminal law to decision No. 473 / PID.SUS / 2015 / PT.MDN must be in accordance with the demands of the public prosecutor. Because in the statement of the defendant disclosed in court, (1) it is mentioned that there is a sale and purchase transaction carried out by the defendant with someone he does not know. (2) Legal considerations against judges who impose criminal sanctions on the verdict No. 473 / PID.SUS / 2015 / PT.MDN must be based on the consideration of the public prosecutor and judge, the offender can be sentenced to life imprisonment or at least imprisonment for 5 years or a maximum of 20 years and a fine of at least 1 billion rupiahs or at most 10 billion rupiahs by applying article 114 paragraph (1) of Law No. 35 2009 on narcotics.
PERLINDUNGAN HUKUM TERHADAP PERUSAHAAN TRANSPORTASI ONLINE DALAM TINDAK PIDANA PENIPUAN ORDER FIKTIF Arif Hidayat Giawa; Willy Tanjaya; Batara Andri Futra Situmorang
Ilmu Hukum Prima (IHP) Vol. 2 No. 1 (2019): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (200.119 KB) | DOI: 10.34012/jihap.v2i1.510

Abstract

Online-based transportation was created with the aim of making it easier for someone who wants to travel easily to order, be efficient and effective. In carrying out its activities there are problems that harm the online transportation companies, namely fictitious orders. Fictitious orders are classified as fraudulent acts. Online transportation companies have the right to obtain legal protection. The form of legal protection that must be given to online transportation companies is: compensation, termination of employment and punishment. This study uses legal normative juridical research. The results of this study indicate that those who bear the loss of the company are those who have committed fictitious order fraud, namely the online driver. So that in this case the company can sue the driver regarding the fictitious order.
TINJAUAN KRIMINOLOGI MEMASUKI ATAU MENYUSUP KEDALAM SUATU JARINGAN KOMPUTER SECARA TIDAK SAH MENURUT UU NO.11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK kurniawan kurniawan sihaloho; Josua Josua Sitohang; Bella Bella Fazrina
Ilmu Hukum Prima (IHP) Vol. 2 No. 1 (2019): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

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Abstract

This research has an information technology background that plays an important role in human life both in the present and in the future. The internet can penetrate the boundaries between countries and accelerate the spread and exchange of knowledge both among scientists or scholars throughout the world. Behind the ease of use of the internet, there is a dark side that worries the users, namely in terms of security. Public and global internet networks are very vulnerable to various forms of crime. The actions taken by the government to overcome in terms of reducing crime activities enter or infiltrate into a computer network illegally is the issuance of Law NO.11 of 2008 concerning Information and Information Transactions can be interpreted as a crime committed by a person or group of people with the intention of taking the advantage of others through a computer network. This study uses legal normative juridical research. The purpose of this study was to find out how the modus operandi and how prevention efforts enter or infiltrate into a computer network illegally. The mode is carried out with the intention of sabotage or theft of important and confidential information. Criminology review aims to investigate the widest possible crime symptoms. crime as needed prevention efforts are preventive (prevention) before the crime occurs and (eradication) after the crime has occurred is (refresive).
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PELAKU PENGANIAYAAN YANG MENGAKIBATKAN LUKA BERAT DIBAGIAN KEPALA (PUTUSAN NOMOR : 317/PID.B/2018/PN.MDN) David Seh Tumonggi Sialagan
Ilmu Hukum Prima (IHP) Vol. 2 No. 1 (2019): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (298.153 KB) | DOI: 10.34012/jihap.v1i2.576

Abstract

Criminal acts of torture are acts carried out in the form of attacks on the bodyor parts of the body that cause pain or injury, and even cause death. On this occasion,this paper aims to find out the application of criminal law to criminal acts of abusethat result in severe headaches. And to find out the legal considerations for judges inthe imposition of criminal acts against perpetrators of criminal acts of abuse whichresulted in serious injuries in the head in the case decision number 317 / PID.B / 2018/ PN MEDAN. To achieve these objectives the author uses data collection techniqueswith a literature study and the type of research carried out is normative juridical. Theresults of this study indicate the application of the law decided by the judge to the crimeof abuse which resulted in severe head injuries. And the legal considerations of judgesin imposing criminal sanctions must first be fulfilled elements of the article in theindictment and actions of judges to consider matters that alleviate and burden thedefendants (perpetrators of the persecution).
KEDUDUKAN HAK ULAYAT DALAM HUKUM TANAH NASIONAL (UUPA) DI INDONESIA Masitahpohan Masitah pohan
Ilmu Hukum Prima (IHP) Vol. 2 No. 2 (2019): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (246.034 KB) | DOI: 10.34012/jihap.v2i2.648

Abstract

Customary land rights as a form or method of ownership of land by legal institutions are widely available in the archipelago, and even constitute the largest number of land areas in Indonesia. Customary communal land is a form of customary community's legal territory whose ownership is controlled by a group of tribes who inhabit a certain area under the leadership of a traditional shop or tuaka. The formal legality of customary rights of indigenous peoples has a place in the national land law (UUPA), but in the level of law in action there is still lack of legal protection when dealing with development interests, so as to make the community that owns customary rights become marginalized. Which results in structural impoverishment.
ABORSI SEBAGAI PERBUATAN KRIMINAL DIKAITKAN DENGAN KITAB UNDANG-UNDANG HUKUM PIDANA DAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN Yanti Agustina Manik
Ilmu Hukum Prima (IHP) Vol. 2 No. 2 (2019): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (235.872 KB) | DOI: 10.34012/jihap.v2i2.696

Abstract

In terms of the term abortion means the termination of pregnancy before the fetus can grow outside the mother’s body. Abortion can be divided into two, namely spontaneous abortion and artificial abortion. Artificial abortion subdivided based on reason, namely abortion medisinalis and abortion criminalist. Abortion is a criminal act. Based on Penal Code abortion is prohibited in Indonesia but based on the Law No.36 of 2009 stated that abortioncould be done with certain conditions. Differences abortion regulation lawsbased on the Law No.36 of 2009 and Penal Code were mediated by the principle of “lex posteriori derogat legion priori” which made an issue on abortion regulation lawsonly in medical emergency namely” provokatus medicalis.

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