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Pancasila and Law Review
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
 1 
Search results for , issue "Vol 3 No 2 (2022)" : 6 Documents clear
Pancasila Law State As An Instrument Of Indonesian Legal Politics: Efforts To Achieve A Just Indonesian Legal State David Aprizon Putra; Nadia Veronica
Pancasila and Law Review Vol 3 No 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v3i2.2677

Abstract

The law is actually present for humans, and not the other way around.  This means that the law must be able to meet the human needs that are purposeful and boil down to the end of the whole substantive justice. Pancasila has accommodated that spirit as a whole,  the second and fifth precepts are the two. Precepts of Pancasila expressly carry the spirit of justice as one of its main pillars. This normative juridical paper uses 2 research approach methods, namely the statute approach and he historical approach. The data used in this study are secondary data consisting of primary legal materials,  secondary legal materials, and tertiary legal materials that are processed through 3 phases of processing data, namely data reduction, presentation and verification. Law enforcement, especially judges, have an important role in carrying out and building the legal structure of the Pancasila Law State, one of the main spearheads is social justice (justice for people) with rule breaking efforts.  The spirit that law enforcement should have should not be solely according to the legal way but rather refer to the reasonable way.  The legislators also play an important role, the stages and process of legislation are one part of the frame of the fundamental structure of the Pancasila Law State because at thes tage of the spirit of the regulation is formed.
Construction of Restorative Justice Law Enforcement by The Prosecutor: Development Law Theory Perspective Ganiviantara Pratama
Pancasila and Law Review Vol 3 No 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v3i2.2718

Abstract

The development and dynamics of society is very complex. Complexity also includes law enforcement in Indonesia. There are so many problems: first, prison overcapacity; second, handling small crimes and legal action against children and narcotics problems are a series of problems that exist in Indonesia. Restorative Justice is here to show changes in all these legal problems. This writing is a normative juridical writing with a conceptual approach (Conceptual Approach) and a statutory approach (Statute Approach). This writing is presented in a qualitative descriptive. The results of this paper discuss specifically about the urgency of Restorative Justice law enforcement in the Indonesian criminal justice legal system and the form of social engineering construction of restorative justice law enforcement by the prosecutor's office. The form of social engineering initiated by the prosecutor's office as an active actor in law enforcement is expected to form a more humane prosecutor's institution and improve its image as a law enforcement agency with integrity.
Alternatives For Providing Compensation For The Detention Of A Defendant Whose Case Is Acquitted Aristian Akbar
Pancasila and Law Review Vol 3 No 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v3i2.2733

Abstract

Pretrial is still a paradox that creates uncertainty in compensating defendants who are acquitted and have permanent legal force. Pretrial is one way to enforce true justice, to enforce law, and truth through horizontal means as regulated in Article 80 of the Criminal Procedure Code to show the essence of pretrial as a form of supervision of coercive measures that have been carried out by investigators and public prosecutors against suspects. Therefore, this study aims to analyze the policy of criminal law regarding the alternative of providing compensation other than through pretrial. This research uses a normative juridical approach and a sociological juridical approach. The data used in this study are secondary data and primary data and use library research and interview instruments. So to the results of this study, there are 2 (two) alternatives for providing compensation for the detention of the defendant whose case was acquitted and had permanent legal force. First, compensation is included in the court decision in case of a loss due to a criminal act. Second, compensation can be made through an Alternative Dispute Resolution (ADR) with a court order. The legal implication when a judge provides compensation for the detention rights of a defendant whose case is acquitted and has permanent legal force is that the state must fulfill its obligation to pay compensation to the defendant. However, if the claim for compensation is rejected, it will result in losses from the accused's social, economic, and human rights aspects.
Termination of Prosecutions Based On Restorative Justice in The Settlement of Criminal Cases In The Area of The High Prosecutors Of Lampung Yuris Oktaviyani Citizen
Pancasila and Law Review Vol 3 No 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v3i2.2734

Abstract

The Attorney General's Office of the Republic of Indonesia has issued a breakthrough in efforts to resolve cases through the termination of prosecution based on restorative justice. The Prosecutor's Office of the Republic of Indonesia, a law enforcement officer referred to as a case controller based on the dominus litis principle has a significant role in determining the success of applying restorative justice in Indonesia. Therefore, this article examines and analyzes the implementation and inhibiting factors for stopping prosecutions based on restorative justice in settlement of criminal cases in the Lampung High Court area. The research method in writing this paper uses a normative juridical and empirical juridical approach, with 6 (six) sources from academics and the Public Prosecutor in the Lampung High Prosecutor's Office. The data is then processed and analyzed cumulatively. Based on the research results, the Lampung High Court has adopted the termination of restorative justice-based prosecutions in three (three) District Attorney's Offices. Meanwhile, the obstacle to stopping restorative justice-based prosecutions in the Lampung High Court area is dominated by overlapping arrangements for implementing restorative justice between law enforcement agencies, namely the Prosecutor's office and the police, which legal uncertainty and lead to disparities in law enforcement and the lack of community participation, especially among victims.
Reconstruction of Law Enforcement in Indonesia Through Strengthening the Embodiment of Pancasila Values of Justice to Realize Humane Law Enforcement Fajar Bima Alfian
Pancasila and Law Review Vol 3 No 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v3i2.2739

Abstract

The development of globalization has had both positive and negative impacts on all sectors in its implementation, especially law enforcement in Indonesia. The practice of law enforcement so far has continued without an adequate foundation, giving rise to injustice. Therefore, efforts are needed as preventive and curative steps, namely strengthening the realization of Pancasila justice in law enforcement to realize humane law enforcement, especially within the prosecutor's office. The research method used in this paper is normative juridical with a philosophical approach, a conceptual approach,, and a case approach. The results obtained are that law enforcement must prioritize the application of the noble values of Pancasila, which is balanced with the application of a philosophy of punishment based on the concept of restorative justice, which justice to frame various existing policies, so that the results of these policies can create a sense of justice that perpetrators feel, victims, the public and answer various problems in the judiciary and lead to the creation of humane prosecutors, besides that the values of Pancasila must be attached to law enforcers, especially prosecutor's profession. Judges decide cases with the direction "For the sake of God Almighty", but the role of the prosecutor's office must also take part in law enforcement in Indonesia so that it is fairer.
Work From Anywhere (WFA): Formulation of Policy Design for the Work System of State Civil Apparatus as Government Bureaucratic Efficiency In The New Normal Era Daffa Ladro Kusworo; Maghfira Nur Khaliza Fauzi
Pancasila and Law Review Vol 3 No 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v3i2.2769

Abstract

The changes in the order of people's lives after the Covid-19 pandemic stimulated the government to find the right policy direction, especially related to the work system of the State Civil Apparatus (ASN). Efforts to build a more adaptive work mechanism in dealing with crises initially created a Flexible Working Arrangement (FWA) policy which was implemented with Work From Home (WFH) as stated in the KemenPANRB Circular Number 19 of 2020 concerning Adjustment of the ASN System in Efforts to Prevent the Spread of Covid-19 The implementation of this policy has succeeded in achieving performance so that in the long term the government plans to implement a new work system model in the current New Normal era, namely Work From Anywhere (WFA). Later, ASN can work according to their convenience to improve the performance and better quality of public services. This formulation is also the embodiment of Industry 5.0 in work culture, so instead of closing oneself off from a restrictive system and working time, people can align it with the ever-evolving technology infrastructure as part of the reform agenda set out in Presidential Regulation No. 81 2010. This study uses a normative legal research method with an approach to legislation and literature study and uses descriptive analysis in managing qualitative data by applying a deductive method. The study results explain that the WFA concept is a new step for the government with a monitoring and evaluation system for ASN Number 8 of 2022. Furthermore, it is recommended to form a PermenPANRB. It is hoped that it will not only be a temporary solution but future-oriented in improving the performance of ASN based on the actual result.

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