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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 5 Documents
 1 
Search results for , issue "vol. 6 no. 2 (2025)" : 5 Documents clear
Pancasila Moral Ethics as a Philosophical Foundation for the Formulation of Copyright Law Ananda Fairus Zakky
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 Rena Zulfaidah; Muhammad Torieq Abdillah
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.
Trump’s Call to Control Gaza: A Case of Ethnic Cleansing? Muhammad Fathi; Muhammad Nur Rifqi Amirullah; Rian Ade Pangestu
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.v6i2.4552

Abstract

This research examines the intersection of international law and the controversial proposal by former US President Donald Trump regarding the forced transfer of Palestinian civilians from Gaza. The study places this issue within the framework of ethnic cleansing and the prohibition of population transfer under international humanitarian law, aiming to assess whether such a proposal may violate international law, particularly the Geneva Conventions and customary international law. Using a normative juridical method with conceptual and statutory approaches, the analysis draws on key legal instruments, including the Fourth Geneva Convention, the Rome Statute, and United Nations resolutions, to evaluate the legality of forced displacement in armed conflict. The findings indicate that Trump's statements, although lacking legal authority, risk legitimizing practices that could constitute ethnic cleansing or crimes against humanity if implemented. The study also highlights the broader implications of such rhetoric for state responsibility, international criminal accountability, and the weakening of protective norms. It concludes that the international community must reject policies that normalize forced transfer and consistently enforce international obligations to prevent impunity and protect civilian populations.
The Ontological Foundations of Indonesia’s National Education System in the Light of Pancasila Siti Arina Hasanah; Asep Muhamad Maulana Ruhiyat; Sofyan Sauri; Ilham Amar Nur Hadad
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.v6i2.4883

Abstract

Critically examines Indonesia’s national education paradigm by addressing the ontological tension between contemporary scientific rationality and the ethical–constitutional foundations of Pancasila. Drawing on a qualitative philosophical approach grounded in systematic hermeneutic analysis of primary normative texts, including the 1945 Constitution and Law Number 20 of 2003, the study reveals a structural inconsistency between technocratic, value-neutral models of education governance and the constitutional mandate to develop complete and dignified human beings. The findings demonstrate that this inconsistency constitutes not merely a pedagogical concern but a normative and constitutional problem within national education law. By proposing an integrative framework that aligns holistic scientific ontology with Pancasila ethics, this article contributes a conceptual foundation for reconstructing national education governance in accordance with Indonesia’s constitutional values.
Community Service Order as the Embodiment of Social Justice Values in the Indonesian Penal System Didik Purnomo; Anis Widyawati; Rasdi Rasdi
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.v6i2.4908

Abstract

Community Service Order an alternative sentencing aimed at reducing dependence on imprisonment while restoring social balance within the community. This study examines how the Community Service Order can represent the values of social justice as reflected in the fifth principle of Pancasila. The study analyzed the philosophical, juridical, and penological bases of Community Service Order as well as its legal implications within the framework of the 2023 Criminal Code. In this juridical-normative study, philosophical and penological approaches were used based on the analysis of legislation, legal literature, and the thoughts of criminal law experts. The results show that Community Service Order has the potential to balance community protection, victims' interests, and offender rehabilitation. In addition, this punishment reflects the values of distributive and corrective justice in line with the principles of social justice in Pancasila. Therefore, Community Service Order does not only function as an alternative sanction but also as a criminal policy instrument that supports the development of a more humane, restorative, and socially just Indonesian penal system.

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