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PANCASILA DAN HAK ASASI MANUSIA : MENJAGA KESEIMBANGAN ANTARA HAK INDIVIDU DAN KEPENTINGAN UMUM Junaedi, Oding
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 1 No. 2 (2024): LEX OMNIBUS : Jurnal Hukum Tata Negara Dan Administrasi Negara (Desember)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

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Abstract

This article discusses the balance between individual rights and public interest in the context of human rights based on the principles of Pancasila. Human rights are recognized in the Indonesian legal system, but their implementation takes into account social harmony. This study uses a normative method with a legislative and conceptual approach. The results of the study indicate that Pancasila is the basis for balancing individual freedom with social responsibility. However, challenges arise in implementation, especially related to freedom of expression, public policy, and social justice. Several regulations, such as the ITE Law and spatial planning policies, reflect the state's efforts to regulate this balance, although they still need to be evaluated to avoid excessive restrictions on individual rights. This study emphasizes that human rights in the Indonesian legal system are not absolute, but must be in line with the values ​​of Pancasila. Therefore, it is necessary to revise policies that have the potential to disproportionately limit individual rights and strengthen public understanding of human rights within the framework of Pancasila.
RELEVANSI NILAI-NILAI PANCASILA DALAM MENGHADAPI TANTANGAN GLOBALISASI Junaedi, Oding
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 1 No. 2 (2024): LEX OMNIBUS : Jurnal Hukum Tata Negara Dan Administrasi Negara (Desember)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

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Abstract

Globalization brings various challenges to the sustainability of Pancasila values ​​in national and state life. This study aims to analyze the relevance of Pancasila values ​​in facing the challenges of globalization and obstacles in its implementation using normative legal research methods. This study focuses on the study of laws and regulations and legal doctrines related to the implementation of Pancasila values ​​in the national legal system. The results of the study indicate that although Pancasila remains relevant as a guideline in maintaining national identity, its implementation faces various obstacles. The main challenges faced include the influence of foreign cultures that can shift local values, the decline in the understanding of the younger generation towards the nation's ideology, and the increase in social and economic inequality. To overcome these challenges, it is necessary to strengthen regulations that accommodate Pancasila values ​​in national policies, improve Pancasila-based education, and the role of the state in reducing socio-economic disparities. With these steps, Pancasila can continue to be the main foundation in building a sovereign and just nation in the global era.
RELASI ANTARA MORALITAS DAN HUKUM: PERSPEKTIF FILSAFAT HUKUM KONTEMPORER Junaedi, Oding
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

The relationship between morality and law is a fundamental debate in legal philosophy that continues to develop today. This study aims to analyze the relationship between law and morality from the perspective of contemporary legal philosophy and explore the influence of morality in the formation, interpretation, and application of law in the modern legal system. The method used in this study is a qualitative approach with a literature study of various legal theories, including legal positivism, natural law theory, and critical thinking in legal philosophy. The results of the study show that although law and morality have different characteristics, the two cannot be completely separated. In contemporary legal philosophy, thoughts such as those put forward by Ronald Dworkin emphasize that law does not only consist of formal rules, but also contains moral principles that function in the process of interpreting law. In addition, morality plays a significant role in the formation of law, especially in regulations relating to human rights and social justice. In the application of law, morality is also an important consideration for law enforcement officers in the use of legal discretion to achieve substantive justice. The conclusion of this study emphasizes that law cannot stand autonomously without considering the moral values ​​that develop in society. Therefore, a stronger integration of morality in the legislative process and law enforcement is needed to create a more just law. In addition, the development of interdisciplinary studies between law and morality is needed to enrich the understanding of the role of morality in the modern legal system.
The execution of Minister of Agrarian Affairs Regulation No. 12 of 2017, which concerns the implementation of the Comprehensive Systematic Land Registration (PTSL) in Weragati Village, Majalengka Regency, is currently underway. Junaedi, Oding; Juliansyah Nugrah, Maulana Fajar; Rahman, Alip
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9549

Abstract

The Complete Systematic Land Registration (PTSL) is a thorough procedure of registering all unregistered land parcels in every region of the Republic of Indonesia, inside a single village/sub-district or other administrative unit at the same level, conducted concurrently. The PTSL method is a government project spearheaded by the Ministry of ATR/BPN to cater to the basic needs of the community, such as clothing, food, and shelter. The research methodology used is juridical-empirical, which is a type of qualitative research. This study made use of both primary and secondary legal information. The potential obstacles in executing the Complete Systematic Land Registration (PTSL) program encompass unresolved PPH and BPHTB taxes, absentee land ownership concerns, surplus and neglected land, human resource constraints, insufficient facilities and infrastructure, and challenges in acquiring precise physical and legal data.