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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
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Search results for , issue "Vol. 5 No. 1 (2024)" : 6 Documents clear
Re-evaluating the Legal and Institutional Complications Affecting the Protection of Women's Rights in Cameroon: The Need to Remedying the Odds Nguindip, Nana Charles
Pancasila and Law Review Vol. 5 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v5i1.3186

Abstract

Several complex legal and institutional issues beset preserving women’s rights in Cameroon. Women’s rights refer to a wide range of ideals and entitlements intended to guarantee gender equality and encourage women’s full involvement and empowerment in all spheres of society. These rights include freedom from violence, equality, education, health, and body autonomy, among other things. However, even with the modern conception and advancement of today's society, women continue to be treated inhumanely, uncaringly, and pitilessly, thereby affecting their status and rights acquired in today´s society, with the numerous legal instruments wavering from the Universal Declaration of Human Rights, the Convention on the Elimination of all Forms of Discrimination Against Women, the Maputo Protocol, the African Charter on the Welfare of the Child, and hosts of other condemning the illegal practices experienced by women on the international scene. The increase in violations continues to be rampant. With all the praiseworthy struggles instigated and affected by these instruments, the degree of violation of women's rights is increasing and increasing in Cameroon. Women continue to experience violations of their rights, especially those related to Female Genital Mutilation, Sexual Abuse, Rape, widow practices, and many other harmful practices. The query one would be posing here is in searching why Cameroon is considered a State of Law, devouring great efforts in certifying that women anguishing from the effect of violence should be protected, continue to experience an increase in cases of women's rights violations. In this vane, it will be sufficient for us to assess the various legal and institutional dispositions put in place by the State of Cameroon in handling cases of violence done against women. It is surprising that with all the laws initiated by the State of Cameroon from the Constitution, the Penal Code, the Labour Code, the Civil Status Registration Ordinance, and the Civil Code enacted to deal with cases of violence done on Women, there exists no concrete and concise law handling matters of violence against women. The situation of child marriage, Female Genital Mutilation, Breast Ironing, Widow Practices, and Property Discrimination continue to be a nightmare and a pandemic to eradicate in the country, irrespective of the efforts introduced by competent authorities. There is a need to redress the situation for a better protective climate for women and their societal statuses.
Reflecting Pancasila in Environmental Crimes Enforcement: Diffusing Values to Indonesia’s Laws Arief, Syamsul; Hasibuan, Fauzie Yusuf; Mulyadi, Lilik
Pancasila and Law Review Vol. 5 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v5i1.3457

Abstract

Pancasila and the 1945 Constitution play crucial roles in shaping Indonesia's governance, societal values, and legal framework, particularly in safeguarding the right to a clean and healthy environment. However, environmental destruction persists due to inadequate corporate accountability enforcement and systemic flaws. Hence, the article examines Indonesia's regulatory approach to holding corporations accountable for environmental crimes through the lens of Pancasila. It explores how Pancasila's principles influence environmental regulations, emphasizing nature harmony, fair treatment, and social justice. Effective enforcement aligned with these principles can promote sustainable development and environmental protection. Challenges like regulatory gaps and corruption need addressing. Building an optimal framework entails integrating Pancasila values into preventive and punitive measures, ensuring transparency, community participation, and fair enforcement. Success hinges on robust legal structures and public involvement, with initiatives like corporate collaboration, transparency, and strict liability enforcement. Implementation requires the establishment of mechanisms such as an Environmental Court and community oversight for victim recovery. This article uses a normative approach elaborated through a conceptual and statute approach.
LGBTQ as the Rights in Turkey: Past, Present and Future Conditions Nikolet, Talabos Dávidné Lukács
Pancasila and Law Review Vol. 5 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v5i1.3260

Abstract

Sexuality is defined as one's thoughts, feelings, desires, and actions toward other people. The way a person communicates their sexual wants is what makes them human. It is possible to classify sexuality as a human right that each individual possesses, and that is immune to external interference. The lives of LGBTQ individuals continue to be focal points in the realms of social, political, and cultural discourse in many countries. Lesbian, gay, bisexual, and transgender are gender identities or sexual orientations that an individual is legally entitled to own. The recognition and protection of human rights for the LGBTQ have become a critical issue in global human rights discussions. This journal paper offers a thorough examination of Turkey's LGBTQ rights situation. The article examines the advancements made in LGBTQ rights across time through social movements, attitudes, and activism. However, it also draws attention to enduring obstacles that prevent LGBTQ people from achieving complete equality, such as prejudice, assault, and murky legal issues. To support ongoing efforts to promote inclusivity and equality for all people, regardless of sexual orientation or gender identity, this article attempts to provide insights into the intricate interaction of legal, social, and cultural aspects defining LGBTQ rights in Turkey. Therefore, through this article, the author will explain the past, present, and future of LGBTQ people in Turkey.
The Omnibus Method: Challenges in the Legislative Process Anggraeni, Ricca
Pancasila and Law Review Vol. 5 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v5i1.3493

Abstract

The Omnibus Law in the Job Creation Law marks the beginning of the use of the omnibus method in Indonesia’s legislative process, aimed at reducing the country’s excessive regulatory framework. The law was reviewed by the Constitutional Court, which declared it conditionally unconstitutional, requiring amendments within two years. Failure to comply would result in the law becoming permanently unconstitutional, with repealed provisions reinstated. In response, Undang-Undang Pembentukan Peraturan Perundang-undangan was amended to include the omnibus method in legislative formulation. As a result, other laws, such as the Health Act and the Financial Sector Development and Strengthening Act, have also adopted this approach. However, a key challenge is the need for laws created through the omnibus method to be revised using the Omnibus re-method, highlighting the difficulties in applying the omnibus method in response to evolving legal and societal needs.
The Role of Constitution in a Democratic System and Human Rights Protection in Indonesia Firmansyah, Firmansyah; Budiyono, Budiyono
Pancasila and Law Review Vol. 5 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v5i1.3659

Abstract

The constitution is the legal foundation of a country, which includes the protection of human rights and the regulation of the division of power in running the country's government. The Indonesian Constitution has specific purposes and functions in ensuring democracy and human rights. As a legal instrument of democracy, the Constitution is important in a country's legal system. General elections are an important moment in realizing the sovereignty of citizens. The Indonesian system of government, as stipulated in the 1945 Constitution and its explanations, is a democracy, both in direct and representative forms. The Constitution guarantees the rights of the people, including the rights to assembly, association and expression. The right to life is considered a basic right that must be respected and upheld according to the Indonesian constitution.
International Justice and Pancasila: A Case Study of The Gambia Mendy, Ousu
Pancasila and Law Review Vol. 5 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v5i1.3978

Abstract

International justice is as topical as it is relevant to global governance. This is manifest in fledgling and thriving democracies, failed and enduring states, and tyrannous and constitutionally governed states. Similar to the Gambian transitional justice, the Pancasila’s social justice system in Indonesia also depicts an unfulfilled project of promoting justice and order during the transition period. Therefore, to make a comprehensive study of international justice and Pancasila using The Gambia as a case study, normative legal research is adopted through a conceptual framework of the international justice and its relation to Pancasila and The Gambia. It focuses on investigating the relation between international justice, Pancasila justice, and the justice system of The Gambia. Both Indonesia and The Gambia experience authoritarianism for decades and they are undergoing democratisation, but the political interests of their post-authoritarian governments over national interests mar their transitional justice systems. Thus, this research, recommends that prioritisation of victim participation, ensuring comprehensive mechanisms like truth and reparations commissions, putting into effect institutional reforms to prevent future abuses, advancing broad public engagement, addressing foundational causes of conflicts, and connecting efforts with other peacebuilding initiatives are keys to a successful transitional justice system.

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