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All Journal Legal Standing : Jurnal Ilmu Hukum Enrichment: Journal of Multidisciplinary Research and Development
Sri Endah Wahyuningsih
Universitas Islam Sultan Agung
Humanities Economics, Econometrics & Finance Engineering Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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DEVELOPMENT OF PERSPECTIVE CRIMINAL LAW INDONESIAN NOBLE VALUES Muchamad Iksan; Sri Endah Wahyuningsih
Legal Standing : Jurnal Ilmu Hukum Vol 4, No 1 (2020): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (439.701 KB) | DOI: 10.24269/ls.v4i1.2662

Abstract

The existence of criminal law is to protect and maintain central values insociety. As an independent nation, the applicable criminal law should be in accordancewith the noble values that live and develop in Indonesian society. KUHP (WvS) is aproduct of western colonial law, of course it carries the spirit of colonialism,individalism, and liberalism that is not in accordance with the noble values of anindependent Indonesian nation. The development of Indonesian criminal law must bebased on Indonesian philosophy, spirit, and values, in terms of ideology (Pancasila),religious/religious, social, political, economic, and cultural aspects that live anddevelop in society (customary law). Nor should it ignore international developments,because the Indonesian state is part of a civilized international community. Colonialinheritance criminal law that adheres to the teachings of positivist legal law, must beintegrated with the teaching of legal historism which is a legal understanding that isconsidered appropriate and adhered to by the people of Indonesia, so that in Indonesiathere is an unwritten criminal law (customary criminal law).
Reconstruction of Employment Regulations that are Integral in Realizing Industrial Relations Based on Pancasila Justice Subiyanto subiyanto; Sri Endah Wahyuningsih; Jawade Hafidz; Anis Mashdurohatun
Enrichment: Journal of Multidisciplinary Research and Development Vol. 2 No. 11 (2025): Enrichment: Journal of Multidisciplinary Research and Development
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/enrichment.v2i11.307

Abstract

This research aims to analyze and discover the extent of the application of the value of Pancasila justice in labor regulations, both the legal structure, the substance of the legal material and the legal culture. To analyze and find the weaknesses of the application of the value of Pancasila justice in labor regulations to reconstruct Indonesian labor regulations, in realizing harmonious, dynamic and fair industrial relations based on the value of Pancasila justice. The sociological juridical research method is an approach to seeing a legal reality in society, this approach uses secondary data as the initial data which is then followed by primary data or field data, with the nature of analytical descriptive research. The theoretical foundation in this dissertation uses the theory of Pancasila justice, the theory of the legal system, the integrative theory and the theory of legal development, as well as the theory of legal protection and the theory of legal certainty. That the substance of the law is the part that determines the direction of law implementation and forms legal culture. The results of research on the construction of existing labor regulations have not been able to realize just industrial relations, because the legal substance (substance of the law) does not yet contain Pancasila justice values ??in labor regulations on an ideal and operational basis, so that a legal culture of dialogue has not yet been realized.
Co-Authors Anis Mashdurohatun Jawade Hafidz Muchamad Iksan Subiyanto subiyanto