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Primagraha Law Review
Published by Universitas Primagraha
ISSN : -     EISSN : 29885280     DOI : https://doi.org/10.59605/plrev.v1i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Primagraha Law Review mainly focuses on theoretical as well as practical aspects of law. This journal is a media for national (and international) legal scholars, academicians and legal practitioners to voice their legal opinions or publish their research. Articles to be published comprises of legal scientific articles, legal research reports, book reports or analytical essays on legal practice as well as legal thinking written by academicians or legal practitioners. These may include but are not limited to various fields such as civil law, criminal law, constitutional and administrative law, air and space law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, and another section related to contemporary issues in legal scholarship. Primagraha Law Review is taken by adapting the name of the university which focuses on the field of law. This journal is published by Faculty of Law, Primagraha University twice a year (March and September).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 2 (2023): September" : 5 Documents clear
Fiksi Hukum: Idealita, Realita, dan Problematikanya di Masyarakat Awang Maha Putra, Eduard; Apriliana Akbar, Dinul; Puji Pangastuti, Diah; Khairul Anam, Fathul; Hamdani, Fathul; Putra, Eduard Awang Maha; Akbar, Dinul Apriliana; Pangastuti, Diah Puji; Anam, Fathul Khairul
Primagraha Law Review Vol. 1 No. 2 (2023): September
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/plrev.v1i2.364

Abstract

Legal fiction is required to foresee the possibility of those who deny law enforcement because they do not know the law. This is founded on the qualities of normative legislation, which truly relates to a prescriptive level in terms of its construction. However, many individuals are unaware of the existence of a good rule due to a lack of government socialization and a lack of knowledge on the part of the people affected. This study aims to examine how legal fiction is at an ideal level, its reality in society, and its problems. This study applies normative legal research methods, using statutory, conceptual, and case approaches. The study's findings indicate that without the theory/principle of legal fiction, many individuals are likely to avoid the snares of rules and regulations. However, because many individuals break the law, judges must be extremely prudent in their decision-making. Furthermore, to develop a solid legal system, the government must continue to maximize the distribution or dissemination of laws and regulations, including the community in the formation of laws and regulations, and raise public awareness.
Penyelenggaraan Perumahan Nasional dalam Prespektif Kebijakan Konsolidasi Tanah Hidayati, Mutiara Resky; Subekti, Rahayu; Sungkowo Raharjo, Purwono
Primagraha Law Review Vol. 1 No. 2 (2023): September
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/plrev.v1i2.561

Abstract

The need for habitable housing, which is the right of citizens, is challenged by today's land problems. The problem of limited land resources, the level of urbanization, and community participation leads to a land crisis for housing implementation. In order to overcome this, the land consolidation policy with the legal foundation of Agrarian Minister Regulation Number 12 of 2019 is present. This study aims to examine land consolidation policies based on laws related to housing implementation and to determine the obstacles that occur in land consolidation practices. The method used is an applied normative legal research method. The types and sources of research data consist of primary legal materials and secondary legal materials. The data collection technique used is a literature review. The data is then analyzed using deductive analysis. The results showed that the land consolidation policy has not been fully supported by laws and regulations related to housing implementation and there are still many obstacle factors in its implementation such as from the condition of the community and the government responsible for organizing land consolidation itself.
Kewenangan Ptun Mengadili Kasus Perizinan (Studi Kasus Putusan Nomor 4/P/FP/2020/PTUN.PL) Safitriana, Rika; Rayhan, Ahmad; Taqiyya, Shafiah; Sfitriana, Rika
Primagraha Law Review Vol. 1 No. 2 (2023): September
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/8xxce909

Abstract

The Welfare State and Public Services are closely connected in the implementation of an independent economic system. The Welfare State ensures basic needs are met through government management of tax revenue. In Indonesia, Public Services are regulated by Law Number 30 of 2014. The case study of fictitious positive involves PT Griya Martua Tomorindah, the Regent of Morowali, and the Governor of Central Sulawesi. The court ruled in favor of the respondent, rejecting the petitioner's request. The resolution of fictitious positive disputes is governed by Supreme Court Regulation Number 8 of 2017. The objects of dispute included missing mining permit documents and lack of response to work plan and budget approval. The Court rejected the request due to a missed application deadline. The Administrative Court (PTUN) has jurisdiction over fictitious positive disputes in public administration. However, the objects in this case did not meet the criteria as they didn't exceed the time limit. The Court accepted the respondent's error in persona exception regarding the second object. The author agrees with the Court's verdict in this case as it was appropriate.
Indonesian Women's Right to Gender Equality and Sexual Reproductive Health; a Human Right Perspective Pratama, Obi
Primagraha Law Review Vol. 1 No. 2 (2023): September
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/plrev.v1i2.566

Abstract

In a legal and social context, the reproduction right is a problem of power relations and society, particularly laws. Women usually remain silent since they lack power. Not because of their personalities, but due to the influence of politics, economics, and society. Their interactions with men, their families, their friends, and society are all crucial. Gender-based laws are the result of communal attitudes toward women, gender, and sex. This results in a variety of forms of violence during implementation. The study adopts a description-based approach, and the analysis of how norms are applied to positive laws is the main research objective. Normative juridical research is well-versed in this approach. In order to develop the idea of gender equity, the study examines how human rights are applied and whether they are acceptable for women's reproductive rights based on gender. Additionally, the statuary approach, conceptual approach, and comparative technique are used in this type of research. These methods are used to identify problems and possible solutions. The results of the study indicate that when it comes to the safety or health of their reproductive systems, women have a special right to protection at work and in their professions Gender inequality is a cause of violations of women's human rights. Gender discrimination and violence against women in Indonesia are still pervasive.
Teori Ketepatan Waktu Hukum Terhadap Relaas Pemanggilan Melalui e-Summons dan Surat Tercatat\.docx Pakpahan, Novritsar Hasintongan
Primagraha Law Review Vol. 1 No. 2 (2023): September
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/plrev.v1i2.567

Abstract

Serve has been considered as an essential act of court practice to realize legal rights and legal obligations of parties involved. The failure in serving properly and rightfully would result in violation of legal rights. Serve has been advanced through modern methods such as e-Summons and registered mailing. However, there has not been proper regulation regarding serving through e-Summons and registered mailing method. Therefore, there should be deployed legal punctuality theory to analyze problem of the proper time serving and the legal framework for time serving through conventional means, e-Summons, and registered mailing. This research is urgent to be conducted because of legal certainty in serving through e-Summons and registered mailing. The applied research methods are statute approach, conceptual approach. The research discussed the result as finding there should be legal authority for panel of judges in deciding the day of the trial to determine proper time serving with the advice of bailiff who knows the location of related parties and such regulation should be regulated in form of act instead of supreme court regulation to ensure law uniformity

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