Ilmu Hukum Prima (IHP)

Legal Analysis Number 1667/Pid.B/2024/Pn Lbp Concerning Robbery Resulting in Death

2024-09-24T02:13:51+00:00

Laws and regulations in Indonesia play an important role in maintaining public order and security. The legal system in this country is designed to regulate various aspects of life, including the prevention and handling of crime. Laws, such as the Criminal Code (KUHP) and other related regulations, aim to uphold justice and protect human rights. These provisions aim to provide a deterrent effect and combat the crime of mugging, as well as to protect the community to the maximum. This research is categorized as normative legal research, which focuses on the analysis of legal norms and applicable legal provisions. Based on the definition put forward by Soerjono Soekanto (2013), normative legal research examines how law as a written norm is applied in various concrete cases. This method is often used to understand and explain the application of law in certain situations by analyzing legal texts such as laws, regulations, and court decisions. In the context of this research, this approach is applied to examine legal norms related to mugging crime cases, especially through the analysis of regulations in the Criminal Code (KUHP).

Integration Of Customary Legal Values And Modern Mediation In The Framework Of Land Dispute Resolution

2024-11-29T04:50:23+00:00

This study delves into the integration of customary law values with modern mediation in resolving land disputes in Indonesia, often marked by tensions between individual and communal interests as well as between customary law and national law. Employing a normative legal research methodology, this investigation explores relevant regulations, including the Basic Agrarian Law (UUPA) and the Law on Arbitration and Alternative Dispute Resolution, to understand how to harmonize the principles of customary law and mediation without undermining the supremacy of law at the national level. The research identifies two core issues: how distributive and procedural justice can be realized through this integration. Findings indicate that formal recognition of customary mediation outcomes and a comprehensive regulatory framework are crucial for establishing a fair and effective dispute resolution mechanism. This study advocates for the development of regulations that celebrate legal diversity, positioning land dispute resolution as a process that interweaves human values with local wisdom while simultaneously reinforcing the legitimacy of customary law within the national legal framework.

Criminal Liability for Perpetrators of Human Trafficking against Children as Victims

2025-05-27T03:37:15+00:00

Human trafficking is one of the major crimes involving human rights violations. The main problem today is the crime of human trafficking, which is why almost every country is trying to reduce it because the number continues to increase from year to year. As in the example discussed in this paper, 28% of TIP victims are children, according to data collected from the journal. This study examines the sentencing of the court panel against TIP perpetrators who use children as unpaid sex workers. Literature review is an important legal material for Normative Juridical legal research in this study. The results of the study indicate that the perpetrator has legally committed TPPO against the child victim so that she can work as a prostitute without a warrant, and the perpetrator has also fulfilled the provisions of the Law on the Crime of Human Trafficking. Therefore, the panel of judges sentenced her to 5 years in prison and a fine of 120,000,000 Million Rupiah which will be replaced with 2 months in prison if the fine is not paid.

Unlawful Act of Taking Control of Land Belonging to Another Person Without Proof of Ownership (Study of Decision Number 96/Pdt.G/2024/PN Gto)

2025-04-15T02:20:52+00:00

Unlawful acts have been around for a long time, but it took a very long time for the formulation of illegal acts to apply generally. In Indonesia, PMH has been regulated in 1365 of the Civil Code. Many unlawful acts lawsuits have been submitted to the Court, one of which is a case of illegal acts with the object of a land dispute. Land is an asset or property with a high selling value occasionally. One of the PMH cases with the object of a land dispute is Decision Number 96 / Pdt.G / 2024 / PN Gto. In this case, we look at the position of the case and the legal decision handed down by the panel of judges at the first instance court. This study uses normative legal research with data collection techniques using literature studies. The results obtained are the recognition of land made by the defendants because the defendants believe that the land is the legacy of their grandfather, when in fact, the defendants' grandfather only borrowed the land; the panel of judges has also considered all elements and accepted all the plaintiffs' claims.

Judges and Ethics: Understanding the Limits of Authority in Law Enforcement

2025-05-22T05:39:03+00:00

This study examines the ethical boundaries of judicial authority and their impact on law enforcement and public trust. The role of judges extends beyond merely applying legal principles; it also involves ethical considerations that ensure fairness, impartiality, and integrity in judicial decisions. This research employs a qualitative approach using a literature review method, analyzing legal documents, academic writings, and court rulings to explore the intersection of judicial ethics and the limits of authority. The findings reveal that ethical violations, such as conflicts of interest and abuse of power, significantly affect public perception of judicial credibility. Weak ethical supervision, personal interests, and ineffective accountability mechanisms contribute to these issues. To address these concerns, this study recommends stronger ethical training, enhanced oversight mechanisms, and institutional reforms to uphold judicial integrity. Implementing these measures is crucial for strengthening public confidence in the judiciary and ensuring the fair application of the law.

THE ROLE OF BKPSDM IN HANDLING CASES OF ASN DISCIPLINE VIOLATIONS (CASE STUDY OF PRINCIPAL'S ABSENCE AT STATE ELEMENTARY SCHOOL 01 KOTAWARINGIN TIMUR CENTRAL KALIMANTAN)

2025-04-23T11:34:27+00:00

The Human Resources Development and Civil Service Agency (BKPSDM) strategically handles disciplinary violations of State Civil Apparatus (ASN) by Government Regulation 94 of 2021 concerning Civil Servant Discipline. This study aims to analyze the role of BKPSDM in handling cases of ASN disciplinary violations, focusing on a case study of the absence of a school principal in the East Kotawaringin Regency. The research method used is qualitative, with data collection techniques through interviews, document studies, and observations. The study results show that BKPSDM plays a role in receiving reports of violations, conducting initial investigations, providing recommendations for sanctions, and providing guidance to ASNs who violate discipline. In addition, there are obstacles in the handling process, such as limited evidence and coordination between agencies. This study concludes that the role of BKPSDM is significant in enforcing ASN discipline, but it is necessary to improve the supervision mechanism and synergy between stakeholders to prevent similar violations in the future.

Legal And Non-Legal Approach In Handling Traffic Accidents In Satlantas

2025-04-29T02:28:07+00:00

Based on the circular of the National Police Chief number 8 of 2018 concerning the use of Restorative Justice in the assessment of criminal cases, restorative justice can be used at the stage of criminal case development. This normative-Empirical Legal Research uses the method of legislation and cases. One of the primary data collection methods is field and library studies. The purpose of this study was to examine the application of the law in the case of traffic accidents in the jurisdiction of the Magelang resort police and the factors that caused the case. The results of the study showed that the implementation of law enforcement in the case of traffic accidents in the jurisdiction of the Magelang Resort Police has not gone well. There are two factors that affect the delay in resolving traffic accident cases in the Magelang resort police jurisdiction, namely internal factors such as human resources, facilities and infrastructure, as well as the relationship between the police and other agencies, as well as external factors such as community factors, Jasa Raharja, and BPJS.

Kata Kunci: Tindak Pidana, Kecelakaan Lalu Lintas, Keadilan Restorative Justice.

Legal Analysis Of Legal Protection Of Workers' Rights Based On Unilateral Termination Of Employment By PT Fast Food Indonesia (KFC Indonesia)

2025-05-11T06:51:30+00:00

This article discusses unilateral termination of employment (PHK) by employers is a practice that still often occurs in the world of employment in Indonesia and raises legal issues, especially related to the protection of workers' rights. This study analyzes legal protection for workers in the case of unilateral layoffs carried out by PT Fast Food Indonesia (KFC Indonesia), and assesses its legal implications for the mechanism for resolving industrial relations. The issues raised include the suitability of unilateral layoffs with the provisions of Law Number 6 of 2023 and the extent to which workers' rights are legally protected. This study uses a normative legal method with a statutory approach and a case approach. Data were obtained through literature studies and analysis of real cases of mass layoffs by KFC Indonesia. The results of the study indicate that unilateral layoffs by the company do not comply with legal procedures as stipulated in Article 151 of Law Number 6 of 2023, which requires notification, bipartite negotiations, and settlement of industrial relations disputes. In addition, workers' rights such as severance pay and job loss guarantees are not provided proportionally. The legal implications put workers in a disadvantaged position and pave the way for dispute resolution through legal mechanisms in the Industrial Relations Court. This study emphasizes the importance of enforcing strict and comprehensive legal protection for workers in facing unilateral layoffs.

ANALYSIS OF BUSINESS LICENSING IN THE DEVELOPMENT OF EIGER CAMP IN WEST BANDUNG REGENCY

2025-05-19T07:09:30+00:00

This study examines the spatial utilization compliance of the Eiger Camp Project located in Parongpong District, West Bandung Regency, which is situated within a water infiltration conservation zone as designated in the Regional Spatial Plan (RTRW). Although the developer claims to possess several permits, including the Environmental Impact Assessment (AMDAL), Building Approval (PBG), and site plan, the project was temporarily halted by local authorities due to the absence of a valid Spatial Utilization Activity Compliance (KKPR) document. Development in such conservation areas, which serve as water catchment and disaster-prone zones, raises both ecological and legal concerns. Using a normative-juridical approach, this research analyzes the relationship between the legality of permits and the substantive compliance with spatial zoning regulations as mandated by Indonesian law. The findings reveal that formal licensing, without alignment with RTRW zoning requirements, may result in legal violations and ecological degradation. Local governments play a vital role in monitoring and enforcing spatial planning policies; Thus, development in ecologically strategic areas must adhere to both legal and environmental considerations in a balanced manner.

Study of the Principle of Ultra Petitum Partium in Civil Cases

2025-05-22T02:25:49+00:00

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

2025-05-22T13:14:29+00:00

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.