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The Legal Standing of Pancasila in the Practice of Judicial Review of Legislation Against the Constitution in Indonesia Reisa Malida
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

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Abstract

This article examines the legal position of Pancasila in the practice of judicial review of legislation in Indonesia, particularly in relation to the 1945 Constitution. Drawing upon Hans Kelsen's Stufenbau theory and its further development by Hans Nawiasky, the study places Pancasila at the apex of the normative hierarchy as the grundnorm or staatsfundamentalnorm. Through doctrinal legal research, the article analyzes how Pancasila functions not only as a symbolic foundation of the state but also as a meta-juridical norm that guides the formation, interpretation, and evaluation of statutory law. The analysis shows that although the Constitutional Court has applied Pancasila both as the state foundation and as part of the Constitution through its inclusion in the Preamble, such dual treatment risks weakening its role as the highest legal norm. This article argues that in order to maintain the status of Pancasila as the grundnorm, judicial review should refer to it as the highest normative reference, not simply as a textual component of the Constitution. This perspective ensures a more substantive and coherent legal framework that upholds the foundational principles of the Indonesian legal system. Keywords: Pancasila, constitutional review, grundnorm, Constitutional Court, legislative hierarchy, Indonesian legal system
Bedah Buku dan Diskusi Ilmiah Ala Gen Z bersama Dosen Fakultas Hukum Universitas Lampung. Literasi untuk Negeri: “Buku Bukan Buat Nugas Doang” Rahman, Rafika Rizky Aulia; Malida, Reisa; Yanis, Adam Muhammad
ABDI AKOMMEDIA : JURNAL PENGABDIAN MASYARAKAT Vol. 3 No. 2 (2025)
Publisher : ABDI AKOMMEDIA : JURNAL PENGABDIAN MASYARAKAT

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The issue of low reading interest in Indonesia remains a complex challenge, not only related to illiteracy rates but also involving broader cultural and structural aspects. In the context of legal education, weak literacy culture can hinder the development of critical thinking and legal imagination, both essential for addressing contemporary legal challenges. This community engagement activity aims to foster reading interest among law students through a literacy approach that goes beyond legal documents, incorporating fiction and other multidisciplinary readings. Through training and discussion sessions involving law students in Bandar Lampung, this activity identifies factors influencing reading habits and encourages participants to be more critical in selecting credible reading sources. The results indicate a gap between academic reading obligations and personal reading motivation. Therefore, a contextual and creative literacy approach is needed to shape law students who are not only capable of reading legal documents but also possess interdisciplinary insight, empathy, and strong legal imagination. Keywords: Book Review, Fiction, Law, Literacy
The Fulfillment of the Right to Clean Water for Maternal and Child Welfare in Coastal Areas of Lampung Province Indonesia Yanis, Adam Muhammad; Rahman, Rafika Rizky Aulia; Malida, Reisa
Al Huwiyah: Journal of Woman and Children Studies Vol. 4 No. 2 (2024): Al Huwiyah: Journal of Woman and Children Studies
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/jwcs.v4i2.25599

Abstract

The percentage of households with access to safe drinking water in Lampung Province is 82.78%, and regarding access to proper sanitation, Lampung Province has a percentage of 84.58%. This figure does not yet account for the difficulties in providing clean water access to coastal communities, which affects the fulfillment of maternal and child welfare. This research used the doctrinal method of legal research. This study concentrates on doctrines which are syntheses of rules, principles, norms, or interpretative guidelines and values, and proceeds with both locating the sources of law and interpreting or analysing the text. Based on this study, the fulfillment of the right to clean water, particularly for mothers and children in coastal communities, is not only a fundamental right enshrined in the constitution but also a duty and responsibility of both the central and regional governments. This is essential for meeting the basic rights and needs of mothers and children, including physical, psychological, social, economic, spiritual, and religious aspects, allowing them to develop and participate optimally in accordance with their social functions in the development of community life.