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All Journal JURNAL HUKUM SCLS
Suci Flambonita
Faculty of Law, Universitas Sriwijaya
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Constitutional Perspective of Indonesian Social Security System Saut Parulian Panjaitan; Joni Emirson; Iza Rumesten RS; Suci Flambonita
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.36933

Abstract

Some of the values contained in the regulation of the National Social Security System Law (SJSN) and the Social Security Management Agency Law (BPJS) are contrary to constitutional values. The purpose of this paper is to examine the conflict of values. The study was conducted using normative legal research methods, which focused on the statutory and theoretical approach. This study found that social welfare mandated by the 1945 Constitution to the state is developed through the national social security system: (a) as an obligation, (b) to empower the weak and incapable people to develop themselves in accordance with human dignity, and (c) in order to fulfill basic needs, both the right to education, the right to health, and the right to get a job. In addition, although the 1945 Constitution does not specify the pattern of the social security system to be developed, the SJSN Law and the BPJS Law use a mixed model between social insurance from participants and social assistance from the state to the poor. Based on this, it is recommended to adjust the formulation of legal norms of the SJSN Law and BPJS Law contained with constitutional values.
PUBLIC LEGAL AWARENESS IN TRAFFIC AS AN APPLICATIVE PRINCIPLE-BASED COMPLIANCE TO PREVENT ACCIDENTS Vera Novianti; Suci Flambonita; Artha Febriansyah
Sriwijaya Crimen and Legal Studies Volume 4 Issue 1 June 2026
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v4i1.5902

Abstract

Public awareness of traffic law is an important factor in the implementation of compliance with the law, a basic principle of a law state. The high number of violations and accidents shows that law enforcement has not fully become a legal culture within society. This study analyzes the role of law enforcement in increasing public legal awareness. The juridical-sociological method is used in this study. This focuses on the clauses in Law Number 22 of 2009 concerning Road Traffic and Transportation, which also examines social factors that influence the level of legal awareness. The result of the study shows that effective law enforcement is not only repressive through sanctions, but also preventive, educative, and persuasive. The public legal awareness forms through the process of internalization law value, which includes knowledge, comprehension, attitude, and a pattern of legal behavior. Therefore, ideal traffic compliance is voluntary and arises from legal awareness, not solely from fear of sanctions. This research emphasizes that synergy between consistent law enforcement, transparency of authorities, and community participation is key in building a culture of traffic order as a manifestation of adherence to principles in community life.
Co-Authors Artha Febriansyah Iza Rumesten RS Joni Emirson Saut Parulian Panjaitan Vera Novianti