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Pancasila and Law Review

plr
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Published by Universitas Lampung

ISSN : 2723262X EISSN : 27459306 DOI : https://doi.org/10.25041/plr

Core Subject : Humanities, Social,

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

The Journal of Pancasila and Law Review is published by the Faculty of Lampung, Universitas Lampung as a platform of communication and legal science development. The scope of the Journal of Pancasila and Law Review is the result research or conceptual study of the law, values and meanings contained in Pancasila. Specifically, the Journal of Pancasila Law Review covers on Pancasila in the definition of state, Pancasila as ideology, Pancasila as the source of law, and Pancasila as law values. Nevertheless, the discussion in the Journal of Pancasila and Law Review is not limited towards Pancasila but also embraces other scopes in the law perspective such as foreign policy, international law, constitutional law, criminal law, civil law, and other scopes regarding the law. The Journal of Pancasila and Law Review is published two issues a year. Moreover, the Journal of Pancasila and Law Review is available both print and online. This journal supports research availability, through an open access publication. Therefore, motivation in studies and research are easily acquired which contributes significantly in global knowledge exchange that highlights the Pancasila.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 6 Documents

Search results for , issue "Vol 1 No 2 (2020)" : 6 Documents clear

MEMENUHI KEADILAN BAGI MASYARAKAT DALAM KONTEKS PELAYANAN PENDIDIKAN (Studi Kasus Pungutan untuk Pendanaan Sekolah) Agus Triono
Pancasila and Law Review Vol 1 No 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

This article aims to explain how justice should be fulfilled in the context of educational services. In particular, the authors analyzed the charges for school funding that are currently rife—based on the analysis, that the collection of levies from the community for school funding is permitted according to statutory regulations with various restrictions. As a government legal action, the collection of these levies can have legal consequences. It can be declared invalid, invalid and not legally binding because they have violated applicable laws, thus causing an injustice to the community. Therefore, the collection of levies must be carried out legally, transparently and accountably. Thus the community can obtain legal certainty and justice and can actively participate in the development process and improve the quality of education. Withdrawal of donations can generally be requested but must fulfil the essence of a sense of justice. As a legal action the government, in this case, is the education unit or school management, it must still be held accountable if it results in injustice. This injustice can be in the form of an act of abuse of authority, confusing authority or acting arbitrarily, which is included in the criteria of maladministration. The research method used in this article is normative and qualitative data management. The suggestion that can be conveyed is that the government must optimize the applicable laws and provide even stricter sanctions for justice for society.

Diversion Against Crime by Children Confronting the Law to Achieve Restorative Justice Zulita Anatasia
Pancasila and Law Review Vol 1 No 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

The purpose of this writing is to try to find out the existence of law enforcement regarding diversion in the handling of cases committed by children in the Juvenile Justice System Law and to see the effectiveness of implementing the diversion policy in handling cases of criminal acts committed by children. The research was carried out in a normative juridical manner, with a statute approach and a conceptual approach using descriptive qualitative analysis. The results of this paper show that law enforcement regarding cases involving children with a diversion policy is rigidly regulated in Law, namely Law Number 11 of 2012 concerning the Juvenile Justice System, as well as related regulations such as Law Number 23 of 2002 concerning Child Protection, and Law -Law Number 13 of 2006 concerning Protection of Witnesses and Victims. In addition to law regulations there are implementing regulations such as Government Regulation Number 65 of 2015 concerning Guidelines for the Implementation of Diversion and Handling of Children Not Aged 12 (Twelve) Years Old and Supreme Court Regulation Number 4 of 2014 concerning Guidelines for Implementing Diversion in the Juvenile Criminal Justice System. In addition, the effectiveness of law enforcement does not run effectively in practice, this shows that the diversion policy to realize restorative justice is not being implemented properly, the linkages between external and internal components are not evenly distributed, both law enforcers and the roles of stakeholders, this has an impact The diversion policy and the goal of realizing restorative justice which has not been effectively implemented are influenced by several factors such as limited Human Resources (HR) who have not supported the implementation of the SPPA Law and training for legal structures.

Legal Liability Towards The Abuse Of Doctor's Authority In Performing Visum Et Repertum Fauzul Romansah; Rifka Yudhi; Yusanuli
Pancasila and Law Review Vol 1 No 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Visum et Repertum (VeR) is in the form of a written statement made by doctors who have to take an oath of office, based on things seen and discovered upon examination of the dead or wounded allegedly caused by a criminal act. KUHAP does not mention the term visum et repertum, but KUHAP is one of the legal bases in making VeR. VeR is not only needed in criminal case examination but also civil cases in some instances. The exact cause of a person's death can be related to events in criminal law as well as civil law as in the claim insurance or determination of heirs related to the distribution of inheritance rights. Given the urgency of VeR as one of the evidence used before court proceedings, in making VeR, there is a potential for abuse of power by doctors by making VeR not based on actual examination results. Such abuse of authority by doctors has violated the moral and ethical aspects which override the values of truth and justice. Therefore, the problems in this article focus on what is the authority of doctors in administering Visum et Repertum and what is the legal responsibility for the abuse of doctor's authority in making Visum et Repertum. The results of the discussion indicated that: doctors have the authority to, among others: accept victims sent by investigators; request a letter requesting a statement of VeR; a specialist can only carry out medical examination of the victim; signing of the VeR statement following the applicable laws and regulations, and delivery of completed evidence may only be submitted to the investigator accompanied by an official report. Making VeR unlawfully is not clearly explained in the Criminal Procedure Code. However, the use of VeR against the law occurs when VeR becomes an instrument of action against the law as formulated in the norms of every criminal act. Therefore, it is a form of legal responsibility for doctors who abuse their authority regarding VeR can be pursued through 4 (four) types of sanctions, including administrative sanctions, civil sanctions, criminal sanctions, and medical discipline sanctions.

Law Enforcement Efforts against the Crime of Body Shaming Through Mediation Elsa Intan Pratiwi
Pancasila and Law Review Vol 1 No 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

This study aims to analyze the forms of action that are categorized as body shaming crimes and criminal law enforcement against body shaming crimes on social media. This study uses a normative juridical approach. The data used is in the form of secondary data consisting of primary and secondary legal materials. The data collection method uses literature study and descriptive qualitative analysis. The results of this study indicate that, the forms of action that are categorized as body shaming crimes, namely: the words uttered contain elements of physical insult and have humiliated and lowered one's self-esteem because they can be seen/witnessed by many people, making them feel sad and depressed. Perpetrators of body shaming can be charged under Article 315 of the Criminal Code, with a maximum imprisonment of four months and two weeks or a maximum fine of four thousand and five hundred rupiahs. And if it is done on social media, the perpetrator can be charged under Article 27 paragraph (3) jo. Article 45 paragraph (3) of the ITE Law with a maximum imprisonment of four years and/or a maximum fine of seven hundred and fifty million rupiah. The police also offer a settlement process in a non-litigation context, namely by maximizing penal mediation to reduce the build up of cases in court.

Violation of the Professional Code of Ethics for Judges and its Consequences for Judicial Administration Maisyur Arif
Pancasila and Law Review Vol 1 No 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

The phenomenon of violation of the judge's code of ethics in the practice of the judiciary is a serious problem. The purpose of this research is to find out if there is a violation of the professional code of ethics of the judge, and its impact on the administration of justice. The method used in this writing is normative juridical. The result of the discussion in this paper is that violations of the professional code of ethics owned by judges have led to practices of collusion, corruption and nepotism. All of these things are caused because there are gaps for actors to make offers, provide opportunities and weak supervision. The suggestion given by the author is that there are efforts to improve the judge's internal self and external improvements, namely in the form of increased supervision of judges through the judicial commission.

Legal Certainty To Double Land Statement Letter (Skl) Holders In Land Boarders (Study Case In Teteilanan Village, South Barito Regency, Center Kalimantan) Tommy Hermawan
Pancasila and Law Review Vol 1 No 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

This research was ⅿotivateⅾ by the nսⅿber of ⅼanⅾⅾispսtes that occսrreⅾ in Centraⅼ Kaⅼiⅿantan which was caսseⅾ by the existence of a ⅾoսbⅼe ⅼanⅾ Certificate (SKT) issսeⅾ by the Viⅼⅼage Heaⅾ. This stսⅾy raises a ⅼanⅾⅾispսte that occսrreⅾ between party X anⅾ a paⅼⅿ oiⅼ coⅿpany where each party owns an SKT on ⅼanⅾ objects on the saⅿe borⅾer ⅼanⅾ with a ⅾifferent ⅾistrict base. This ⅾispսte occսrs becaսse there are no cⅼear anⅾ firⅿ rսⅼes governing ⅾoսbⅼe SKT on borⅾer ⅼanⅾ so there is no ⅼegaⅼ certainty for SKT hoⅼⅾers. Baseⅾ on the ⅾescription above, the researcher raises the probⅼeⅿ forⅿսⅼation: what is the ⅼegaⅼ certainty for hoⅼⅾers of ⅾoսbⅼe ⅼanⅾ certificates on the ⅼanⅾ borⅾer of Teteiⅼanan Viⅼⅼage, Soսth Barito Regency, Centraⅼ Kaⅼiⅿantan)? This research սses jսriⅾicaⅼ eⅿpiricaⅼ research, jսriⅾicaⅼ socioⅼogicaⅼ approach, priⅿary anⅾ seconⅾary ⅾata sets which are anaⅼyzeⅾսsing qսaⅼitative anaⅼysis. The resսⅼts of this stսⅾy inⅾicate that there is no ⅼegaⅼ certainty for hoⅼⅾers of ⅿսⅼtipⅼe ⅼanⅾ Certificate, this is becaսse the ⅼanⅾ Certificate can be սseⅾ as eviⅾence of controⅼ over ⅼanⅾ rights in carrying oսt the ⅼanⅾ registration process reⅼateⅾ to the presence of incoⅿpⅼete ⅼanⅾⅾocսⅿents. The existence of ⅾoսbⅼe SKT is caսseⅾ by 3 (three) first things, naⅿeⅼy the ⅼack of orⅾer in the aⅾⅿinistration of ⅼanⅾ recorⅾs in the viⅼⅼage registration book, reⅼateⅾ to the probⅼeⅿ that the apparatսs in charge of ⅼanⅾ registration ⅿսst re-coⅼⅼect ⅾata then register in the viⅼⅼage registration book on the resսⅼts of the re-ⅾata coⅼⅼection. Seconⅾ, the repⅼaceⅿent of the Viⅼⅼage Heaⅾ or Viⅼⅼage Apparatսs, reⅼateⅾ to this probⅼeⅿ the new Viⅼⅼage Heaⅾ or Viⅼⅼage Apparatսs ⅿսst ⅾoսbⅼe-check the viⅼⅼage registration book in orⅾer to ⅿiniⅿize the occսrrence of ⅾoսbⅼe SKT. Thirⅾ, naⅿeⅼy the ⅼoss or ⅾaⅿage of the viⅼⅼage registration book, reⅼateⅾ to this probⅼeⅿ, the viⅼⅼage heaⅾ or the reⅼevant viⅼⅼage apparatսs ⅿսst ⅿake a copy of the ⅾata containeⅾ in the viⅼⅼage registration book sսch as a copy of a photocopy or eⅼectronic fiⅼe.

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Muhammad Akib

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B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia

Location
Kota bandar lampung,

Lampung

INDONESIA

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Muhammad Akib

Contact Email jurnalpdih@fh.unila.ac.id

Phone +628127902728

Journal Mail Official jurnalpdih@fh.unila.ac.idd

Editorial Address B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia

Location Kota bandar lampung, Lampung INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Muhammad Akib

Contact Email
jurnalpdih@fh.unila.ac.id

Phone
+628127902728

Journal Mail Official
jurnalpdih@fh.unila.ac.idd

Editorial Address
B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia

Location
Kota bandar lampung,

Lampung

INDONESIA