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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
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Search results for , issue "Vol. 3 No. 2 (2025): September" : 5 Documents clear
Harmonisasi Hukum Adat dan Hukum Positif dalam Penanganan Kasus Kawin Tangkap Sebagai Tindak Pidana Kekerasan Seksual Az-zahra, Ratu Fatimah; Yesenia, Carissa; Maharani, Diah Puspita; Vierly, Azahra; Solihah, Zahrotu; Juliarti, Putri; Wardah, Syahla Ardhelia Ayu
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/sxnnv977

Abstract

The phenomenon of the Capture Marriage Tradition (Piti Rambang) in Sumba is a crime against humanity involving forced marriage and sexual violence, resulting in victims losing their constitutional rights. This is contrary to the Marriage Law, Human Rights, and the 1945 Constitution. This customary marriage was originally a good tradition but now shows a mismatch between positive law and tradition. This issue needs to be studied because arranged marriages violate human rights and have a negative impact on women's psychology. This case reflects gender inequality. This research aims to find out the challenges in legal protection of victims of catch marriage in the Indonesian legal system and efforts to harmonize customary law and positive law in handling this case as a crime of sexual violence. The method used is Normative Juridical, with a qualitative and descriptive approach to analyze social phenomena that erode social standards, laws, and beliefs. Indonesian legal regulations on marriage, particularly capture marriage, became the main source of data. The results of the study show that catch marriage has now deviated from its original tradition, with elements of physical, psychological and sexual violence. Challenges to legal protection include the absence of specific regulations, low public awareness, patriarchal dominance, and conflicts between customary and national laws. This research offers a harmonization strategy through socialization, collaboration between traditional leaders and the government, the formation of local regulations, and strengthening the role of legal apparatus to protect women's rights in the Indonesian legal system.
Efektivitas Penerapan Sistem E-Court Pengadilan Agama Pelaihari dalam Perkara Harta Bersama Maulana, Ahmad
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/ckf8a128

Abstract

This study analyzes the effectiveness of the implementation of the e-court system at the Pelaihari Religious Court in joint property cases and identifies the influencing factors. In the digital era, the demand for judicial efficiency and transparency creates an urgency to review the implementation of this system, given the challenges such as the public's lack of understanding of online services. The research uses an empirical legal method with a legal anthropology approach. Data was obtained from primary data (interviews) and supported by secondary data from related literature. The results show that the implementation of e-court at the Pelaihari Religious Court is already effective, as all indicators of effectiveness have been met. This study is expected to contribute data on e-court in joint property cases and serve as evaluation material for judicial institutions in Indonesia
Dari Eropa ke Nusantara: Filsafat Hukum bagi Modernisasi Hukum Islam Kurniasih, Uun; Rizqa, Agitsna Alya; Khalimy , Akmad
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: 10.59605/8s0z3012

Abstract

The development of legal science has led scholars’ thoughts to form schools of legal theory, categorized according to their patterns of thought. The schools of thought of Sociological Jurisprudence and Sociology of Law seek to understand and explain the relationship between law and society. The study of Islamic law modernization discusses how Islamic law around the world evolves into a modern legal system capable of responding to contemporary challenges. This research aims to examine both schools of thought and analyze their implementation in the modernization of Islamic law in Indonesia. A qualitative method was used in this study with a library research approach. This study finds that the modernization of Islamic law in Indonesia is not merely a process of codification or textual reform but rather a complex social transformation. The school of Sociological Jurisprudence provides the understanding that law can function as a driver of change, while Sociology of Law emphasizes that any legal change can only be sustained if it aligns with the social realities of society. Both illustrate that the modernization of Islamic law proceeds through a dialectical process between the increasingly diverse needs of society and the normative values of Islam that form its foundation. These findings also indicate that Islamic law is not static but continuously adapts to the principles of justice, equality, and democracy that develop in the public sphere. The modernization of Islamic law in Indonesia is not merely an accommodation to the changing times but also a reflection of efforts to maintain the relevance of Islamic law so that it remains dynamic, applicable, and beneficial for contemporary society. This research contributes to the theoretical understanding of the relationship between law and society and provides practical guidance for policymakers and legal institutions in formulating regulations that are more relevant to the needs of today’s society.
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.

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