Claim Missing Document
Check
Articles

Found 3 Documents
Search
Journal : Progressive Law Review

FACTUAL REFLECTION OF PANCASILA AS THE BASIS OF THE STATE: UNIFIER AND DEFENSE OF THE INDONESIAN NATION Ade Arif Firmansyah
Progressive Law Review Vol. 4 No. 02 (2022): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v4i02.89

Abstract

Pancasila as universal values with a high abstraction nature need to be concretized so that they can live and become the basis for behavior for the people of Indonesia. As the basis of the State for unification and defense from the flow of globalization, Pancasila is actually reflected in the behavior of the government in exercising state power. It is the commitment and attitude of the actions of the symbols of the State that are able to reflect on whether Pancasila can survive as a unifier and defense or not. The discussion shows thatt as the basis of the state, Pancasila is the foundation that unites the diversity of the Indonesian nation in the state, as well as a defense in facing the challenges of world development/globalization. The factual condition of Pancasila as the unifier and defense of the Indonesian nation has been degraded due to the inability of government institutions to realize Pancasila in the life of the state. This degradation can be seen by the emergence of separatist movements that demand to break away from Indonesia, the frequent SARA-related conflicts and the low morality of youth due to the disadvantages of globalization. Therefore, government institutions are obliged and required to be able to realize the values of Pancasila in the life of the nation and state.
ENVIRONMENTAL PROTECTION POST ESTABLISHMENT OF OMNIBUS LAW ON JOB CREATION IN THE PERSECTIVE OF LOCAL GOVERNMENT AUTHORITY Malicia Evendia; Ade Arif Firmansyah
Progressive Law Review Vol. 5 No. 01 (2023): APRIL
Publisher : Faculty of Law-Universitas Bandar Lampung

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

Abstract

The dynamics of regulation of environmental protection, with the publication of the Omnibus Law on Job Creation, has had an impact on the content contained in Law Number 32 of 2009 concerning Environmental Protection and Management. The existence of the Omnibus Law on Job Creation has changed at least 27 articles, added 4 articles, and 10 articles were deleted in Law Number 32 of 2009. This paper aims to reflect on the legal implications of environmental protection after the Omnibus Law on Job Creation on regional authorities. The results of the study show that the Omnibus Law on Job Creation has reduced the authority of local governments in protecting the environment. There have been several withdrawals of local government affairs to the central government (recentralization), as well as the strengthening of evaluation instruments by the central government. This legal implication can be a challenge and a threat to solving problems and protecting the environment in the region. On the other hand, this can reduce the spirit of environmental decentralization and weaken the spirit of regional autonomy.
Legal Policy on the Flexibility of Establishing State Ministries for the Implementation of Government Martha Riananda; Ahmad Saleh; Malicia Evendia; Ade Arif Firmansyah
Progressive Law Review Vol. 7 No. 2 (2025): NOVEMBER 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i2.278

Abstract

The amendment to Law Number 39 of 2008 concerning State Ministries has sparked controversy in society, particularly regarding the flexibility of the number of ministries, which is no longer limited. When a legal norm undergoes regulatory changes, there is certainly a background. Law Number 61 of 2024, issued amidst the government's “efficiency” agenda, is an interesting anomaly to study. This study aims to identify and analyze the legal politics of the flexibility of the formation of state ministries in relation to government administration. This research employs a normative, utilizing a statutory, philosophical, conceptual, and case-based approach, framework to examine laws and legal phenomena. The results of this study, namely the legal politics of the flexibility of the formation of state ministries, which was originally limited to a maximum of 34 (thirty-four) ministries, then changed to "unlimited", indicate an attempt to actualize the strengthening of the President's prerogative, which does not require restrictions on ministerial institutional organs. The change in legal norms does not lead to a reduction in the number of ministries, but to an increase in the number of ministries. Law Number 61 of 2024 does not regulate substantive criteria for the formation of the number of ministerial organs, through the clause “needs for the administration of government by the President”, thus giving the President great discretion to determine how many ministerial organs are needed in the administration of government affairs.