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All Journal Law Research Review Quarterly Primagraha Law Review
Safitri, Sena Putri
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Model for Determining Presidential Election Candidates through Political Party Conventions Prasojo, Bagus Priyo; Safitri, Sena Putri
Law Research Review Quarterly Vol 2 No 3 (2016): L. Research Rev. Q. (August 2020) "Pancasila and Global Ideology: Challenges and
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v2i01.21316

Abstract

Actualization of political parties as a vehicle for democracy in the reform era has confirmed political parties as the main pillars to prepare presidential candidates for Indonesia. Presidential and vice presidential candidates are generally determined by the leaders of political parties and the results of a coalition between political parties. The direct participation of constituents as a manifestation of the fourth precepts of Pancasila was constrained by the absence of democratic mechanisms in determining the candidates for president and vice president. As a result, advanced political elites representing parties in the presidential election have low legitimacy. The offer of a solution to realize the absorption of aspirations and active participation of constituents is by democratic candidacy, namely by implementing conventions of political parties. This paper presents an in-depth analysis and critical-ideological study of the opportunities for applying the political party convention model to produce potential presidential and vice presidential candidates, comparative studies with the United States that accommodate the political party convention model and the advantages and disadvantages of candidate determination models through political party conventions . Based on the analysis conducted, this paper offers recommendations for effective practices and procedures in determining presidential and vice presidential candidates through conventions that can summarize the needs and voices of the people regarding candidates to be proposed by political parties to increase the political legitimacy and representation of the party's candidates.
Keadilan Ekologi Berbasis Gender: Kritik atas Antroposentrisme Hukum Lingkungan di Indonesia Safitri, Sena Putri
Primagraha Law Review Vol. 3 No. 2 (2025): September
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/t4a5q226

Abstract

The ecological crisis in Indonesia shows that environmental damage does not only stem from exploitative behavior towards nature, but also from a legal paradigm that places humans at the center of interest. Regulations on Environmental Protection and Management are still rooted in an anthropocentric view that sees nature as an economic object. This paradigm has given rise to ecological inequality and gender inequality, as women are often the most affected group but are least accommodated in environmental policies. The purpose of this study is to critique the anthropocentric bias in Indonesian environmental law by offering an alternative paradigm based on ecological justice and gender equality. The research method used is normative legal research with a conceptual, legislative, and legal philosophy approach. The results show that the integration of ecocentric and ecological feminist perspectives can reconstruct environmental law towards a more inclusive, fair, and sustainable system.  
Dilema Keadilan Fiskal Berbasis Utilitarianisme Terhadap Penolakan Alokasi APBN Dalam Penyelesaian Utang Infrastruktur Kereta Cepat Ahsan, Muh Akmal; Safitri, Sena Putri
Primagraha Law Review Vol. 3 No. 2 (2025): September
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/dc1p6p76

Abstract

The construction of the Jakarta-Bandung High-Speed Railway (KCJB) project has created a fiscal justice dilemma when cost overruns led to a proposal to use the State Budget (APBN) to cover the debts of the corporation PT Kereta Cepat Indonesia China (KCIC). This study uses a normative legal method with a conceptual and philosophical approach, combining utilitarianism theory (Act and Rule Utilitarianism) with state financial principles based on Articles 23 and 23A of the 1945 Constitution. Data was collected through secondary sources, including legal documents, as well as official documents such as the Central Government Financial Report, Presidential Regulations on National Strategic Projects, and BPK audit reports and related academic literature. The analysis was conducted qualitatively with systematic and teleological interpretations to assess the suitability of APBN usage practices with the principles of fiscal justice and utilitarianism theory (both Act and Rule Utilitarianism). The results of the study show that the use of the state budget to bail out corporate debt has the potential to create fiscal moral hazard, obscure the principle of separation of state assets, and undermine public trust in the taxation system. Conversely, the rejection of state budget allocations reflects the application of Rule Utilitarianism, which maintains fiscal legal integrity, budgetary discipline, and fairness in the distribution of the tax burden. This research contributes to the development of the concept of “constitutional utilitarianism,” which is a legal ethical framework that balances economic benefits with the principle of fiscal justice in state financial management. It also provides legislators with a framework for designing oversight mechanisms for national strategic projects so as not to violate the principle of a welfare state.
Co-Authors Ahsan, Muh Akmal Prasojo, Bagus Priyo