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All Journal Diponegoro Law Review Jurnal Daulat Hukum
Lita Tyesta ALW
Faculty of Law, Universitas Diponegoro
Law, Crime, Criminology & Criminal Justice Social Sciences

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REINFORCEMENT OF PANCASILA AS A PHILOSOPHY OF REGULATION-MAKING Lita Tyesta ALW
Diponegoro Law Review Vol 5, No 1 (2020): Diponegoro Law Review April 2020
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (678.659 KB) | DOI: 10.14710/dilrev.5.1.2020.67-76

Abstract

The purpose of law is to implement the ideals of order and justice into the interpersonal space of life that is society. Therefore, every legal regulation must abide and be based on norms that exist in society which envisages the modern ordered and just society. The law should be prospective, understandable, clear, fixed and certain. In Indonesia, Pancasila is a set of five principles by which the whole systems of government, law, and social life should be adopted by the nation. However, the current political climate has changed the political reception towards reinforcing Pancasila as the basic philosophy of regulation-making. This conceptual article discussed about how the process of regulation-making should be based on Pancasila as grundnorm, or basic norms of the nation’s life. This article concluded that the elaboration of the grundnorm in the formation of laws and regulations by taking into account the principles of the formation of laws and regulations as well as the principles of material content along with the guidelines and techniques for their formation, so that the formation of laws and regulations fulfills the rules in substance (materially) and formally.
Assessing and Encouraging Progressivity of Post-Mining Activities Arrangements Sigit Wibowo; Lita Tyesta ALW; Kornelius Benuf
Jurnal Daulat Hukum Vol 4, No 2 (2021): June 2021
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v4i2.15713

Abstract

Mineral and coal mining activities have an impact on environmental damage. So that to overcome the environmental damage, a policy is made regarding post-mining activities. In essence, post-mining activities are an effort to restore the functions of the natural environment and social functions and are adjusted to local conditions in the mining area. However, the policy that was previously regulated in the old Mineral and Coal Law has not been effectively implemented. The existence of regulations regarding post-mining activities in the new Mineral and coal Law is expected to be more progressive. The problem is how is the progress of regulations regarding post-mining activities in the new Mineral and Coal Law? This problem will be examined in this paper using normative juridical research methods. Based on the research results, it is concluded that there is no progressive regulation of post-mining activities in the new Minerba Law, so it is necessary to have progressive regulations regarding post-mining activities in the future.
Co-Authors Kornelius Benuf Sigit Wibowo