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All Journal RechtIdee SASI
Lita Tyesta Addy Listya Wardhani
Fakultas Hukum Universitas Diponegoro, Semarang
Law, Crime, Criminology & Criminal Justice

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Rekonstruksi Nilai-nilai Pancasila dalam Undang-Undang Madaskolay Viktoris Dahoklory; Lita Tyesta Addy Listya Wardhani
SASI Vol 26 No 3 (2020): Volume 26 Nomor 3, Juli - September 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i3.271

Abstract

Pancasila is the source of all sources of State law, by placing Pancasila as a source of state law, Pancasila has a function as a guiding star in the formation of national legal products. The purpose of the Writing is to analyze and understand the transformation of the values of Pancasila in the context of the renewal of national legal products and the mechanism of testing and harmonization of laws with the values of Pancasila. The research method used is juridical-normative and qualitative analysis. The results of the study show that several national legal products do not reflect Pancasila values, such as the water resources law, this was proven when the Constitutional Court issued its decision, which in essence the Constitutional Court stated that the law contrary to the values of Pancasila as implemented in the constitution. Therefore, the Government needs to increase its role in managing and harmonizing regulations as an effort to renew national legal products that are responsive in character.
Safeguarding Indigenous Papuan Candidacy: Legal Certainty in the Papuan People’s Assembly Verification Process Heru Andryana Suherman; Retno Saraswati; Lita Tyesta Addy Listya Wardhani; Hera Fauziah Lubis; Robithul Islam
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.31913

Abstract

Study Objective: This study examines the role and authority of the Papuan People's Assembly (MRP) in the selection mechanism for Indigenous Papuan (OAP) regional head candidates following Constitutional Court Decision Number 41/PUU-XXII/2024. The main focus of this study is on how strengthening the regulations and legal position of the MRP can ensure legal certainty and prevent political manipulation by local elites and external actors.Method/Approach: The approach used in this study is normative juridical, examining Papua's special autonomy regulations, Constitutional Court decisions, and other relevant documents and literature.Novelty: Focus on the Maqasid Syariah perspective and on strengthening regulation to maintain substantive justice and protect the rights of indigenous Papuans, across the dimensions of religion (ḥifẓ ad-dīn), soul (ḥifẓ an-nafs), reason (ḥifẓ al-‘aql), descendants (ḥifẓ an-nasl), and property (ḥifẓ al-māl).Findings: In addition to its representative and cultural functions, the MRP also has a strategic function in political education and in maintaining inclusive leadership, aligning with the values of local wisdom and remaining free from interests that distort the meaning of autonomy.Conclusion: It is important to require regulatory revision to strengthen the legitimacy and effectiveness of the MRP's role going forward.
Co-Authors Hera Fauziah Lubis Heru Andryana Suherman Madaskolay Viktoris Dahoklory Retno Saraswati Robithul Islam