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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 10 Documents
 1 
Negara Hukum Indonesia: Esensi Perlindungan Hak Asasi Manusia dalam Pembentukan Peraturan Perundang-Undangan Diya Ul Akmal
Primagraha Law Review Vol. 1 No. 1 (2023): Maret
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/plrev.v1i1.353

Abstract

The social life of the community contains a wedge of rights breaches committed both by individuals and by the state. Thus, the requirement for rights protection in the establishment of laws and regulations is affirmed. Law is the basis for the State of Law in social and state life. The establishment of laws and regulations is supposed to restrain excessive state authority and create limitations for each individual so that they do not violate the rights of others. The current State of Law paradigm has stressed the protection of Human Rights as being complementary in the functioning of society and the state. This is inextricably linked to the crucial role of Human Rights as natural rights that must be maintained and defended by all individuals and states. The protection of Human Rights has been made a part of the rights guaranteed by amendments of the 1945 Constitution of the Republic of Indonesia. Legislation programs in the establishment of laws and regulations must be oriented to be in conformity with Pancasila, the 1945 Constitution of the Republic of Indonesia, the National Medium-Term Development Plan, and must satisfy aspects of Human Rights protection. As a result, it is hoped that the goal of establishing laws and regulations that bring justice and benefits to the community would be realized in the development of the Indonesian State of Law.
Eksistensi Kekhususan Pada Tindak Pidana Korupsi Dalam RKUHP Imam Gunawan
Primagraha Law Review Vol. 1 No. 1 (2023): Maret
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/plrev.v1i1.354

Abstract

Corruption is an extraordinary crime, or it can be called Extraordinary Crime, so that corruption has a position that is different from other general crimes such as persecution, murder, theft, and others. We can see that the law regarding criminal acts of corruption is contained in Law Number 21 of 2001 Amendments to Law Number 31 of 1999 Concerning Eradication of Corruption Crimes. The research method that will be used in this research is normative. Normative research is research that focuses on a problem, such as correlating one with another. The legal materials in this study employ both primary and secondary methods, with the primary focusing on issues that will be addressed through legislation and the secondary on the legitimacy of government institutions. While secondary, taking legal materials through books, journals, and other written works The imposition of sanctions in the explanation above is not in accordance with the principle of a specific crime, which imposes the most severe sanctions on the perpetrators. Giving heavy sanctions to perpetrators does not reduce corruption cases; moreover, the RKUHP actually makes it easier. This will potentially increase corruption cases in Indonesia, where corruption crimes are difficult to enforce by law enforcers. Elements of society play a very important role in the existence of criminal acts of corruption in the RKUHP. feel that the policies issued by the government are inappropriate, and we are trying to solve this problem. As a result, when the RKUHP was passed, the public began to understand the existence of articles in the RKUHP, particularly given the specifics of corruption.
TARIK-MENARIK KEPENTINGAN DALAM LEGISLASI OMNIBUS LAW UNDANG-UNDANG CIPTA KERJA Ichwan Ahnaz Alamudi
Primagraha Law Review Vol. 1 No. 1 (2023): Maret
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/plrev.v1i1.355

Abstract

Studies in this study found that the government as policy makers make efforts to form regulations with the concept of omnibus law that is so many laws will be simplified with one law only. There are several laws that are considered to overlap, namely the licensing cluster, in the academic paper of the job creation law, there are eighteen regulations that are trying to be simplified. The method of research that the author tries to do in this study with a juridical-normative approach to political law. The results of this study indicate that the idea of omnibus law job creation law is a phenomenon of complexity related to investment in Indonesia, the complexity occurs on how to be able to bring investors to invest in Indonesia and finally the government issued a policy of omnibus law UU no. 11 of 2020 concerning Job Creation which aims to bring the investment climate in Indonesia in a healthy direction, so it needs to be supported by good and clear legal certainty. Keywords: Omnibus Law, Policy, Investment.
Optimalisasi Desentralisasi Fiskal di Indonesia Pasca Lahirnya Rezim Undang-Undang HKPD Jauhar Nashrullah
Primagraha Law Review Vol. 1 No. 1 (2023): Maret
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/plrev.v1i1.358

Abstract

Birth of Law No. 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments (HKPD Law) colors a new round of Fiscal Decentralization in Indonesia which in the last two decades has experienced ups and downs. This research is a type of normative research, the approach to be used is the statutory approach and the conceptual approach. Primary and secondary legal materials are collected through a literature study which will then be analyzed in a descriptive-qualitative manner and will later be outlined in the discussion description. The discussion results show that in the two decades of its implementation, fiscal decentralization has positively contributed to national development. However, several studies have also uncovered some negative developments. For this reason, in the context of accelerating development, improving, and responding to the challenges of the times, the HKPD Law was born. The substance of the HKPD Law is very positive in encouraging self-reliance and prosperity, starting from the reform of the tax and user fee system, and regional financing to central-regional synergy. In order to further optimize the HKPD Law, in the future several policy reforms are needed such as optimizing regional own-source revenues through wider tax decentralization, optimal utilization of regional financial loans, and involvement of law enforcement officials in TKDD supervision.
Tinjauan Yuridis Pertanggungjawaban Pemegang Saham Selaku Direktur Dalam Perseroan Perorangan Terhadap Putusan Pernyataan Kepailitan Fiona Chrisanta
Primagraha Law Review Vol. 1 No. 1 (2023): Maret
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59605/plrev.v1i1.361

Abstract

Incorporated Individual (PP) is a legal entity that can be established by 1 (one) founder who also acts as shareholder and director. PP was introduced to the public when the Job Creation Law was enacted in 2021. However, in practice there are still many questions and legal vacuums, especially regarding the position and process of bankruptcy. This study aims to review and evaluate regulations regarding the accountability of Shareholders as Directors in Incorporated Individual Against Bankruptcy Declaration Decisions. The approach method used in this research is normative juridical. The results to be aimed at are knowing the responsibility of shareholders as directors of individual companies against bankruptcy and knowing what needs to be evaluated regarding regulations regarding Incorporated Individual.
Fiksi Hukum: Idealita, Realita, dan Problematikanya di Masyarakat Fathul Hamdani
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 Mutiara Resky Hidayati
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

Abstrak: Kebutuhan tempat tinggal layak huni yang merupakan hak warga negara mengalami tantangan dengan problematika pertanahan masa kini. Keterbatasan sumber daya tanah, tingkat urbanisasi, hingga partisipasi masyarakat memimpin kepada krisis tanah untuk penyelenggaraan perumahan. Demi mengatasi hal tersebut kebijakan konsolidasi tanah dengan pondasi hukum Peraturan Menteri Agraria Nomor 12 Tahun 2019 hadir. Penelitian ini bertujuan untuk mengkaji kebijakan konsolidasi tanah berdasarkan undang-undang terkait penyelenggaraan perumahan dan untuk mengetahui hambatan-hambatan yang terjadi di dalam praktik konsolidasi tanah. Metode yang digunakan adalah metode normatif dengan sifat terapan. Jenis dan sumber data penelitian terdiri dari bahan hukum primer dan bahan hukum sekunder. Teknik pengumpulan data yang digunakan adalah kajian pustaka. Data kemudian dianalisis menggunakan analisis deduktif. Hasil penelitian menunjukkan bahwa kebijakan konsolidasi tanah belum sepenuhnya didukung oleh peraturan perundang-undangan terkait penyelenggaraan perumahan dan masih banyak faktor hambatan dalam pelaksanaannya seperti dari kondisi masyarakat maupun pemerintah yang bertanggung jawab dalam penyelenggara konsolidasi tanah itu sendiri. Kata kunci: Analisis Kebijakan, Konsolidasi Tanah, Perumahan
Kewenangan Ptun Mengadili Kasus Perizinan (Studi Kasus Putusan Nomor 4/P/FP/2020/PTUN.PL) Ahmad Rayhan
Primagraha Law Review Vol. 1 No. 2 (2023): September
Publisher : Fakultas Hukum Universitas Primagraha

Show Abstract | Download Original | Original Source | Check in Google Scholar

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 Obi Pratama
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 Novritsar Hasintongan Pakpahan
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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