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All Journal Pancasila and Law Review
David Aprizon Putra
IAIN Curup
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Pancasila Law State As An Instrument Of Indonesian Legal Politics: Efforts To Achieve A Just Indonesian Legal State David Aprizon Putra; Nadia Veronica
Pancasila and Law Review Vol 3 No 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v3i2.2677

Abstract

The law is actually present for humans, and not the other way around.  This means that the law must be able to meet the human needs that are purposeful and boil down to the end of the whole substantive justice. Pancasila has accommodated that spirit as a whole,  the second and fifth precepts are the two. Precepts of Pancasila expressly carry the spirit of justice as one of its main pillars. This normative juridical paper uses 2 research approach methods, namely the statute approach and he historical approach. The data used in this study are secondary data consisting of primary legal materials,  secondary legal materials, and tertiary legal materials that are processed through 3 phases of processing data, namely data reduction, presentation and verification. Law enforcement, especially judges, have an important role in carrying out and building the legal structure of the Pancasila Law State, one of the main spearheads is social justice (justice for people) with rule breaking efforts.  The spirit that law enforcement should have should not be solely according to the legal way but rather refer to the reasonable way.  The legislators also play an important role, the stages and process of legislation are one part of the frame of the fundamental structure of the Pancasila Law State because at thes tage of the spirit of the regulation is formed.
The Intersection between Legal Philosophy and Pancasila Ideology in Recognising Indonesian Indigenous Peoples David Aprizon Putra; Nur Sulistyo Budi Ambarini; Edra Satmaidi; Sonia Ivana Barus; Ade Kosasih
Pancasila and Law Review Vol. 6 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v6i1.4210

Abstract

This study examines the relationship between customary law communities and the ideology of Pancasila within Indonesia’s legal philosophy. Article 18B Paragraph (2) of the 1945 Constitution affirms state recognition of customary law communities and their long-standing social, legal, and cultural systems. However, challenges persist in integrating customary law into the national legal framework, including normative disparities and conflicts of interest. Using a normative juridical method with philosophical, statutory, and case approaches, and drawing on secondary data through literature review, this research finds that the intersection between legal philosophy and Pancasila reflects the value of social justice. Pancasila provides a philosophical and constitutional foundation for recognising and protecting customary law communities while promoting national unity and sustainable development, thereby affirming its role in upholding diversity, justice, and humanity.
Co-Authors Ade Kosasih Barus, Sonia Ivana Edra Satmaidi Nadia Veronica Nur Sulistyo Budi Ambarini