Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
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This Author published in this journals
All Journal Nusantara: Journal Of Law Studies Punggawa Law Review LEXARA: Journal of Law and Legal Studies
Vincentius Setyawan
Universitas Atma Jaya Yogyakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Pancasila As A Philosophical Basis Of Law Formation In Indonesia Vincentius Setyawan
Nusantara: Journal of Law Studies Vol. 2 No. 1 (2023): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17388726

Abstract

Abstract: The significance of legal philosophy in shaping Indonesian law is paramount, with Pancasila serving as the cornerstone of all legal foundations. Mandating that every Indonesian law must derive from Pancasila, it stands as the epitome of legal sources. As the bedrock of legislation and regulations in Indonesia, Pancasila emanates from the fundamental values ingrained in living law. Employing normative legal research methods and a conceptual legal approach, this article delves into the profound influence of Pancasila on the Indonesian legal framework. The findings underscore the colossal role of Pancasila as the philosophical underpinning of prevailing laws and regulations in Indonesia, exerting a substantial impact on the formulation of legal norms. Functioning as a spiritual principle within Indonesian law, Pancasila serves as the bedrock for constructing and shaping the entire Indonesian legal system. This study illuminates the pervasive influence of Pancasila, elucidating its intricate role in the intricate tapestry of Indonesia's legal landscape.    
Melampaui Realitas: Hiperrealitas Kecerdasan Buatan dan Rekonstruksi Konsep Kebenaran Hukum Vincentius Setyawan; Hyronimus Rhiti
Punggawa Law Review Vol. 1 No. 4 (2026): Punggawa Law Review: October
Publisher : Punggawa Legacy Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67707/plr.v1i4.159

Abstract

This article examined the transformation of legal truth in the age of Artificial Intelligence, particularly when synthetic images, voices, texts, and digital representations increasingly blurred the distinction between factual reality and simulation. The central problem arose when legal processes continued to rely on evidence as a representation of events, while Artificial Intelligence enabled the creation of convincing representations without an underlying factual occurrence. The study employed normative legal research combined with philosophical and conceptual approaches to analyze hyperreality, legal truth, and evidentiary authenticity. The study found that the traditional orientation toward truth verification was no longer sufficient to address artificially generated realities. Legal truth therefore required an additional stage of reality authentication to determine whether the represented event, identity, object, or communication had genuinely existed before its evidentiary value was assessed. The article proposed a reconstruction of legal truth through the principle of juridical reality authentication. It concluded that contemporary law needed to distinguish between factual reality, representation, and synthetic simulation before constructing legally valid truth.
From Testimonial Credibility to Procedural Equality: Protecting Victims with Disabilities under Indonesia’s New Criminal Procedure Code through Decision No. 286/Pid.Sus/2025/PN Skt Vincentius Setyawan
LEXARA: Journal of Law and Legal Studies Vol. 1 No. 2 (2026): LEXARA: Journal of Law and Legal Studies
Publisher : Punggawa Legacy Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67707/lexara.v1i2.225

Abstract

This study examined the protection of victims with disabilities in Indonesian criminal proceedings through Decision No. 286/Pid.Sus/2025/PN Skt and the framework introduced by Indonesia’s new Criminal Procedure Code. The study addressed the problem of whether judicial assessment of testimony had sufficiently accommodated the specific procedural needs of victims with disabilities and ensured substantive equality during criminal adjudication. A normative legal method was employed by critically analysing the court’s reasoning and comparing it with the procedural safeguards governing disability rights in criminal proceedings. The analysis found that equal recognition of testimony had required more than formal acceptance of evidence. It had also depended on reasonable procedural accommodation, accessible communication, and a disability-sensitive assessment of testimonial credibility. The study further found that credibility assessment risked reproducing procedural inequality when disability-related characteristics were treated as indicators of evidentiary weakness. It concluded that the new Criminal Procedure Code should have been interpreted as requiring procedural equality throughout evidentiary examination, rather than merely guaranteeing formal participation of victims with disabilities.
Co-Authors Hyronimus Rhiti