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All Journal Rechtsvinding
Edi Haskar
Muhammadiyah University of West Sumatra
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementation of the Law in Confirming the Boundary between Nagari Koto Kaciak and Nagari Duo Koto in Agam Regency Ahda Syukri; Edi Haskar; Nessa Fajriyana Farda
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1425

Abstract

National refugee children are a vulnerable group who often face obstacles in accessing education, even though this right is guaranteed in various regulations. This study aims to determine national legal regulations regarding the right to education for refugee children and the role of the Regional Immigration Office in ensuring it. This research method is descriptive analytical with a sociological juridical approach. The results show that although several regulations guarantee the right to education in general, there are no technical provisions that specifically regulate the rights of refugee children. The East Java Regional Immigration Office acts as a coordination facilitator, but still faces challenges such as limited documentation, lack of policy synchronization, and lack of understanding of technical implementers. Affirmative policies and national technical guidelines are needed, as well as strengthened cross-sectoral coordination so that children's right to education can be fulfilled fairly and inclusively.
Is it possible to construct Pancasila within a hierarchy of legal regulations? Edi Haskar; Raju Moh Hazmi
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1812

Abstract

This study aims to provide an explanation regarding the existential issue of Pancasila. This issue focuses on whether Pancasila can be explicitly included in the hierarchy of legislation, so that the first level of legislation in Article 7 paragraph (1) of Law 12/2011 is Pancasila. Is it ontologically possible for Pancasila to be present in the hierarchy as part of legal norms (axioms/postulates that have undergone positivization)? To uncover this legal issue, normative research was conducted using philosophical, conceptual, and legislative approaches. The data used are secondary data, including primary, secondary, and tertiary legal materials. Data analysis will be presented descriptively and qualitatively through content analysis. The results of this study found that Pancasila exists as the basis of the state; it is a fundamental reality of values, grundvalues, and rechtsidee/staatfunamentalnorm, which inspires, provides purpose, and serves as a measure for the creation and validity of positive norms. Thus, Pancasila is not at the level of legal products, but at the level of the foundation of legal meaning; It is a foundation (foundation) and not the basis itself. Pancasila is not suitable to be positioned as a 'norm level' in the hierarchy because it is not part of a series of positive norms. The implications of including Pancasila in the legal hierarchy are (1) a change in the category of Pancasila from grundnorm/source to object of the hierarchy, (2) the potential for Pancasila to be changed, and (3) the need for an overhaul of the norm testing architecture.
Co-Authors Ahda Syukri Nessa Fajriyana Farda Raju Moh Hazmi