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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 12 Documents
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Search results for , issue "Vol 4 No 1 (2023)" : 12 Documents clear
Niet Ontvankelijke Verklaard (NO) Decision on the Criminal Case of Land Grabbing Perspective of Justice Dhinda Ratri Putristira
Pancasila and Law Review Vol 4 No 1 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v4i1.2948

Abstract

In cases of land grabbing, the overlap between civil and criminal law has created pre-judicial problems. This has resulted in the discourse of justice among those who anticipate law enforcement through criminal proceedings to be insecure. In addition, the Criminal Procedure Code does not recognize decision NO. This article examines the decision of Niet Ontvankelijke Verklaard (NO) in the final decision at the first level of the crime of land grabbing through the perspective of the value of justice. This article uses normative research using case-based, statutory, and conceptual methodologies. Data collection was carried out using literature review tools and interviews. Furthermore, qualitative data analysis was carried out. The findings of the study show that NO's decision in the final decision for the crime of land grabbing at the first level is intended to eliminate inconsistencies between criminal and civil judgments. Still, the Criminal Procedure Code does not recognize NO. Therefore, the NO decision cannot be given in a criminal case. If the indictment cannot be used to prosecute the defendant's actions, the decision can be an acquittal or a decision free from all lawsuits. Regarding the need for a civil decision regarding land ownership, it should be resolved in an interlocutory judgment. NO's verdict in the land grabbing case Number: 376.PID.B/2021/PN KOT does not fulfill the value of justice. Victims cannot get back the items they claim as their own, the public prosecutor cannot prove the accused's guilt, and the perpetrators do not know the exact status of the land. In addition, as a result of NO's decision, the case could not be retried (ne bis in idem), so justice and legal certainty were not achieved.
Upholding the Right to Healthy Environment through Judicial Interpretation of the Right to Life Abdulkadir Bolaji Abdulkadir
Pancasila and Law Review Vol 4 No 1 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v4i1.3010

Abstract

The late twentieth century has experienced an unprecedented increase in legal claims for human rights and the environment. The correlation between the two subjects became apparent following the Stockholm Conference of 1972. The Stockholm Conference laid the foundation for the interconnectedness between protecting the environment and realizing the protected human rights in national and international human rights instruments. This is because it has since become obvious that environmental pollution can infringe on protected rights such as the right to life, the right to peaceful enjoyment of property, and the right to privacy, to mention but a view. Therefore, any attempt to ensure the protection of the environment will invariable and enhances the realization of basic human rights.Consequently, human rights have become a legal weapon in a claim to environmental protection through judicial interpretation and expansion of the existing human rights provisions in national and international human rights instruments. Although various fundamental rights have been interpreted to encompass the protection of the environment, this paper is limited in its scope to the concept of the right to life. Examining the two most important questions has been the purpose of discussion throughout this paper. First is the degree of willingness of the Court to adopt an extensive interpretation of the right to life to protect the environment. The other is whether the courts expand traditional human rights principles. In answering these questions, this paper looks into the courts' approach through case law for proper evaluation of the right to life in protecting the environment. Likewise, the paper adopts a doctrinal legal research method. The doctrinal legal method is issues-based and involves analysis of laws and conceptual clarifications of fundamental issues depending on the objective and purpose of a research work. Therefore, within the objective of this paper, the doctrinal research method is employed in analyzing the right to a healthy environment and the judicial approach to using the right to life in preventing environmental pollution and enhancing a healthy environment.

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