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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 29 Documents
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Implementasi Peran BKPSDM Terhadap Kedudukan Tenaga Guru Non-ASN Dalam Penataan Pegawai Pemerintah Dengan Perjanjian Kerja di Kota Tangerang Rizki, Muhamad; Nurikah, Nurikah; Kusumaningsih, Rila
Primagraha Law Review Vol. 3 No. 1 (2025): Maret
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/8vwth760

Abstract

The services provided by the regional government in the appointment of honorary workers in the education sector, especially the appointment of non-ASN teachers to become PPPK are still colored by various obstacles and conditional interests, in Article 66 of Law Number 20 of 2023 non-ASN employees are required to complete their arrangements no later than December 2024. So, since this Law came into effect, Government Agencies are prohibited from appointing non-ASN employees or other names other than ASN Employees. The research method used is empirical juridical and the research specifications used are analytical descriptive. The results of this study indicate that the Tangerang City BKPSDM is currently arranging and determining the formation of non-ASN employees to take part in the PPPK selection, there are 5,186 non-ASN employees who will take part in PPPK in 2024. The conclusion in the arrangement of non-ASN workers, the Tangerang City government through the BKPSDM office does lack workers to carry out its duties, so then there is PPPK whose arrangement must be completed in 2024.
Mekanisme Eksekusi Putusan Hak Uji Materiil oleh Mahkamah Agung: Analisis Proses dan Implikasinya terhadap Peraturan Perundang-undangan Tb. Mochamad Ali, Asgar
Primagraha Law Review Vol. 3 No. 1 (2025): Maret
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/ksdz4878

Abstract

The mechanism for reviewing regulations under the Act against the Act by the Supreme Court is generally known as material judicial review. This study aims to analyze the mechanism of executing material judicial review decisions by the Supreme Court and its implications for the regulations being reviewed. This study uses a normative legal research approach with statutory and conceptual approaches analyzed through qualitative analysis techniques. This study concludes that: firstly, in the mechanism of executing material judicial review decisions, the Supreme Court plays a crucial role in determining the validity of a regulation, where if it is declared invalid or unenforceable, the relevant agency is required to immediately revoke it. However, Supreme Court Regulation No. 1 of 2011 does not specify a clear timeframe for examining applications, potentially leading to uncertainty and losses for the parties involved. And secondly, material judicial review decisions by the Supreme Court have a unique characteristic, namely being ex tunc or pro futuro, where if the implications of the decision are that the regulation is invalid or annulled, the regulation is considered never to have existed and has no binding legal force. The Supreme Court orders the relevant agency to revoke the annulled regulation within 90 days as a logical consequence of the material judicial review decision.
Perspektif Hukum Internasional terhadap Belt and Road Initiative dalam Merespons Perang Dagang China-AS serta Implikasinya bagi Indonesia Zaenuddin, Amy Cynthia Ramdhani; Limbong, Devina Marsela
Primagraha Law Review Vol. 3 No. 1 (2025): Maret
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/s6vj4j87

Abstract

The Belt and Road Initiative has become China’s grand strategy to expand its economic and geopolitical influence, while promoting infrastructure development in partner countries like Indonesia. However, amidst the intensifying global competition, U.S. protectionism through high tariffs on China complicates international trade dynamics and poses new challenges for developing countries. This tension directly impacts trade relations, the sustainability of infrastructure projects, and strategic positioning in the region. Therefore, this study aims to analyze the BRI within the framework of international law in the context of the U.S.-China trade war and examine its implications for Indonesia, with the goal of formulating strategic legal recommendations to strengthen Indonesia's position in fair and sustainable international cooperation. This research uses a normative legal approach to analyze international and national legal aspects related to the BRI as China’s response to U.S. protectionist policies. Data is collected from secondary sources, including legal documents, international agreements, trade regulations, and related academic literature. The analysis is conducted qualitatively by examining official WTO documents, the Indonesia-China bilateral agreements, and relevant international trade regulations. The study also analyzes BRI projects in Indonesia through a case study method.
Rekognisi Keadilan Restoratif sebagai Mekanisme Penyelesaian Pidana Adat Masyarakat Baduy dalam Pluralisme Hukum Nasional Putri, Sovi Ayudia; Noviyanti, Fitri; Romdoni, Muhamad
Primagraha Law Review Vol. 3 No. 1 (2025): Maret
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/d6byfc49

Abstract

Legal pluralism in Indonesia recognizes customary law as part of the national legal system, although its acknowledgment remains limited. The Baduy community applies restorative justice through the Silih Hampura principle, emphasizing the restoration of social relationships. This approach differs from the retributive nature of the national criminal justice system. Challenges such as differences in legal paradigms, lack of understanding among law enforcement officers, and the risk of criminalization hinder the recognition of customary mechanisms. This study aims to examine the recognition of restorative justice as a mechanism for resolving customary criminal cases within the Baduy community in the framework of national legal pluralism. Using normative legal research methods and a descriptive qualitative approach, this study highlights the application of Silih Hampura, which focuses on restoring social relations between offenders, victims, and the community. The findings indicate that the Baduy’s customary criminal settlements align with restorative justice principles, although challenges persist. Integrating the Baduy's restorative justice into the national legal system strengthens the protection of indigenous rights, as reflected in Law No. 39 of 1999 on Human Rights and Law No. 6 of 2014 on Villages. Stronger recognition is needed to preserve cultural diversity and promote social justice in Indonesia.
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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