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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 2 Documents
 1 
Search results for , issue "Vol. 6 No. 2 (2025)" : 2 Documents clear
Pancasila Moral Ethics as a Philosophical Foundation for the Formulation of Copyright Law Zakky, Ananda Fairus
Pancasila and Law Review Vol. 6 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v6i2.4625

Abstract

The philosophical foundation of copyright law in Indonesia has often been addressed normatively, yet its ethical grounding in Pancasila has not been systematically examined. This article argues that Indonesian copyright law embodies a normative synthesis between economic utilitarianism and personality-based moral rights through the ethical structure of Pancasila as the staatsfundamentalnorm of the legal system. Using a normative juridical method combined with philosophical analysis, this study examines Law No. 28 of 2014 on Copyright in light of Pancasila’s integrated moral principles. The findings demonstrate that moral rights reflect the principle of just and civilized humanity by safeguarding the dignity and intellectual identity of creators, while economic rights realize social justice through fair distribution of benefits derived from creative labor. Comparative analysis with the United States and France further reveals that Indonesia adopts a balanced model that mediates global intellectual property doctrines within its national philosophical framework. This study contributes by positioning Pancasila not merely as symbolic constitutional rhetoric, but as a substantive ethical foundation that normatively justifies the dual structure of copyright protection in Indonesia, particularly in the face of emerging digital and technological challenges.
Law Under the Shadow of Power: Exploration of the Politicization of Law and Its Impact on Legal Quality and Law Enforcement in Indonesia Zulfaidah, Rena; Abdillah, Muhammad Torieq
Pancasila and Law Review Vol. 6 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v6i2.4795

Abstract

The principle of the rule of law (rechtsstaat) positions law as the primary safeguard of justice and democracy. In Indonesian constitutional practice, however, law often operates under political influence through legal politicization. This occurs when legal instruments are used to advance political interests in legislation, adjudication, and enforcement. Such practices undermine institutional independence, weaken enforcement quality, and erode public trust. This study examines the forms, mechanisms, and impacts of legal politicization on law and enforcement in post Reformasi Indonesia. It employs a normative juridical method with statutory and conceptual approaches, drawing on Critical Legal Studies (CLS) and analysis of statutes, court decisions, and relevant cases. The findings show that legal politicization in Indonesia is systemic and structural, reflected in agenda driven legislation, judicial intervention, the weakening of independent institutions, and selective enforcement. These patterns weaken the rechtsstaat and checks and balances while accelerating democratic decline through elite impunity and shrinking civic space. Legal politicization therefore poses a serious threat to constitutional democracy in Indonesia.

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