Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Pancasila and Law Review

plr
Website

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 73 Documents

1 2 3 4 5

Violation of the Professional Code of Ethics for Judges and its Consequences for Judicial Administration Maisyur Arif
Pancasila and Law Review Vol 1 No 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

The phenomenon of violation of the judge's code of ethics in the practice of the judiciary is a serious problem. The purpose of this research is to find out if there is a violation of the professional code of ethics of the judge, and its impact on the administration of justice. The method used in this writing is normative juridical. The result of the discussion in this paper is that violations of the professional code of ethics owned by judges have led to practices of collusion, corruption and nepotism. All of these things are caused because there are gaps for actors to make offers, provide opportunities and weak supervision. The suggestion given by the author is that there are efforts to improve the judge's internal self and external improvements, namely in the form of increased supervision of judges through the judicial commission.

Legal Certainty To Double Land Statement Letter (Skl) Holders In Land Boarders (Study Case In Teteilanan Village, South Barito Regency, Center Kalimantan) Tommy Hermawan
Pancasila and Law Review Vol 1 No 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

This research was ⅿotivateⅾ by the nսⅿber of ⅼanⅾⅾispսtes that occսrreⅾ in Centraⅼ Kaⅼiⅿantan which was caսseⅾ by the existence of a ⅾoսbⅼe ⅼanⅾ Certificate (SKT) issսeⅾ by the Viⅼⅼage Heaⅾ. This stսⅾy raises a ⅼanⅾⅾispսte that occսrreⅾ between party X anⅾ a paⅼⅿ oiⅼ coⅿpany where each party owns an SKT on ⅼanⅾ objects on the saⅿe borⅾer ⅼanⅾ with a ⅾifferent ⅾistrict base. This ⅾispսte occսrs becaսse there are no cⅼear anⅾ firⅿ rսⅼes governing ⅾoսbⅼe SKT on borⅾer ⅼanⅾ so there is no ⅼegaⅼ certainty for SKT hoⅼⅾers. Baseⅾ on the ⅾescription above, the researcher raises the probⅼeⅿ forⅿսⅼation: what is the ⅼegaⅼ certainty for hoⅼⅾers of ⅾoսbⅼe ⅼanⅾ certificates on the ⅼanⅾ borⅾer of Teteiⅼanan Viⅼⅼage, Soսth Barito Regency, Centraⅼ Kaⅼiⅿantan)? This research սses jսriⅾicaⅼ eⅿpiricaⅼ research, jսriⅾicaⅼ socioⅼogicaⅼ approach, priⅿary anⅾ seconⅾary ⅾata sets which are anaⅼyzeⅾսsing qսaⅼitative anaⅼysis. The resսⅼts of this stսⅾy inⅾicate that there is no ⅼegaⅼ certainty for hoⅼⅾers of ⅿսⅼtipⅼe ⅼanⅾ Certificate, this is becaսse the ⅼanⅾ Certificate can be սseⅾ as eviⅾence of controⅼ over ⅼanⅾ rights in carrying oսt the ⅼanⅾ registration process reⅼateⅾ to the presence of incoⅿpⅼete ⅼanⅾⅾocսⅿents. The existence of ⅾoսbⅼe SKT is caսseⅾ by 3 (three) first things, naⅿeⅼy the ⅼack of orⅾer in the aⅾⅿinistration of ⅼanⅾ recorⅾs in the viⅼⅼage registration book, reⅼateⅾ to the probⅼeⅿ that the apparatսs in charge of ⅼanⅾ registration ⅿսst re-coⅼⅼect ⅾata then register in the viⅼⅼage registration book on the resսⅼts of the re-ⅾata coⅼⅼection. Seconⅾ, the repⅼaceⅿent of the Viⅼⅼage Heaⅾ or Viⅼⅼage Apparatսs, reⅼateⅾ to this probⅼeⅿ the new Viⅼⅼage Heaⅾ or Viⅼⅼage Apparatսs ⅿսst ⅾoսbⅼe-check the viⅼⅼage registration book in orⅾer to ⅿiniⅿize the occսrrence of ⅾoսbⅼe SKT. Thirⅾ, naⅿeⅼy the ⅼoss or ⅾaⅿage of the viⅼⅼage registration book, reⅼateⅾ to this probⅼeⅿ, the viⅼⅼage heaⅾ or the reⅼevant viⅼⅼage apparatսs ⅿսst ⅿake a copy of the ⅾata containeⅾ in the viⅼⅼage registration book sսch as a copy of a photocopy or eⅼectronic fiⅼe.

Correctional Institution’s Construction In The Death-Convicted Supervision Azzahra Rizki Ananda
Pancasila and Law Review Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

The death row inmate becomes one of the members of the Correctional Institution or Lembaga Pemasyarakatan (Lapas) when the convict is waiting for the execution time or if the convict is still making a legal effort. This raises problems from the aspect of the rules, which form the basis of prisons' authority in the guidance of death row inmates because the provisions on the development of capital punishment do not have specific regulations. The problem in this research is the urgency of guiding death convicts in prison; how it is implemented, and is there any difference in the guidance for death row inmates in prison; construction or ideal model of guidance for death row inmates in prison; as a result of the law, guidance on death row inmates is carried out in Lapas. This study uses a normative and empirical juridical approach with data collection methods using literature and field studies. The study results show that the prison's guidance is essential considering that the person concerned will be executed, so assistance and supervision are needed to prevent unwanted things, for example, committing a crime, suicide, or experiencing depression. Death row convicts follow other prisoners' proper guidance, provide useful activities to death convicts, and provide the death convicts with the rights. The superior construction for the development of capital punishment is contained in the Criminal Code Draft or Rancangan Kitab Undang-Undang Hukum Pidana (RKUHP), which makes capital punishment an alternative punishment, provides a probation period of 10 years for the death row inmates, the superior construction of both the place and the material for its guidance must be distinguished from those sentenced to other types of crimes. As a result of the law, there is no certainty of guidance for death row inmates in prison because there are no specific regulations regarding death penalty services.

Street Legal Clinic: Development of Legal Learning Methods Based On Clinical Education in Law Education Institutions Kadek Agus Sudiarawan; Putu Ade Harriestha Martana; Cok Istri Diah Widyantari Pradnya Dewi; I Kadek Wira Dwipayana; Luh Putu Budiarti
Pancasila and Law Review Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Clinical Legal Education is an interesting subject to be developed at the Faculty of Legal, Universitas Udayana. Unlike other subjects, clinical legal education participants get an education in the classroom and go directly to the field (community) to increase students' knowledge and practical abilities in solving problems in society. The purpose of writing this journal is to find out how the form of clinical education-based learning, especially in the form of Street Legal Clinic at the Faculty of Law, Universitas Udayana, and to find a model for developing learning methods based on clinical legal education in the form of street legal clinic that can answer legal problems that develop in society. More optimally, the author uses normative legal research methods with the statutory approach and conceptual approach. The results showed that the form of the clinical legal education which is implemented at the Faculty of Law of Universitas Udayana consisted of three stages of the process, namely the planning component, the experiential component, and the reflection component with the learning models that had been used so far, namely In House Clinic, Out House Clinic, Combination and Street Legal Clinic. The development model suggested in implementing the Street Legal Clinic is to be more optimal in answering problems in the community, namely by accommodating several stages in its implementation, namely the pre-implementation, implementation, and evaluation stages into a single unit that is packaged creatively and comprehensively in collaboration with Clinical Partners.

Regional Autonomy as a Form of Constitutional Reform In Aspirational Governance Yogi Prasetyo
Pancasila and Law Review Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

This paper is a study of research results that aims to explain the birth of local autonomy from the results of constitutional reform as a form of governance following the community's aspirations. In the past, the problem of the centralized government system did not provide opportunities for regions to regulate and manage their regional government. It was considered undemocratic and did not bring progress to the people in the regions. Therefore, significant changes to the government system in the most aspirational areas through local autonomy are needed. This study, using a normative juridical research method with a philosophical approach. The research results obtained an understanding of the existence of local autonomy as a form of constitutional reform, which is the aspiration of the will of the people in the regions. With the constitutional reform, the system has changed to become decentralized. It has a closer relationship with the people in the regions and can understand the needs of the lower classes. The constitution, with its amendments, can create a democratic system of government and ensure public participation in the life of the state.

Legal Protection of Street Children Post-Natural Disaster in Palu Based On The Family Empowerment Model Kartini Malarangan
Pancasila and Law Review Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Street children have a negative impact on the stigma of child growth. Street children depend their lives on the streets because of economic, social or even family conditions that do not support their development. After the natural disaster, 28 September 2018 was the point where areas were affected, especially in the areas of Palu, Sigi and Donggala (Pasigala). The phenomenon that occurs when a disaster occurs, robs them of their finances, such as their homes and their livelihoods. The increasing number of street children will certainly affect the number of crimes committed considering the harshness of street life and the bad friendship environment can make a child who has never been faced with the law becomes a child who is dealing with the law. So in this case it is necessary to protect the law for street children. So that the main problem in this research is what are the factors that dominate a child being a street child in the Post-Natural Disaster Post Wolf Area, and how is the Model for Handling Street Children Post-Natural Disasters through an Innovation System Based on Family Empowerment. The results of this study indicate that legal protection for street children after natural disasters qualifies with the adoption of the family empowerment model by presenting the Tina Nu Ngata model.

Penyalahguna Narkotika di Indonesia: Apakah Mereka Korban atau Pelaku? Mahfud Mahfud; Faisal A. Rani; Rizanizarli Rizanizarli
Pancasila and Law Review Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

It is unprecedented that the Act Number 35, 2009 on Narcotics has incorporated the term of victims towards illegal users of narcotics which cannot be convicted for the crime and provided them with treatment at special rehabilitation center as worded in Article 103 (1) (b) of the Act. However, Article 103 (1) (a) of the Act also provides the possibility for those using narcotics illegally to be convicted. It causes law enforces might find it difficult to differentiate between victims and criminals concerning this violation. This research aims to discuss the definition of illegal narcotic users under the Narcotic Act 2009 and the criteria used by law enforcers in distinguishing between victims and criminals. This is a juridical normative research by using the method encompassing document analysis of the Narcotic Act 2009 and other relevant laws will be adopted in discussing the issue. This research reveals that the Act recognises the users of illegal narcotics as fully victims if they use narcotics with a certain amount for themselves only and considers the illegal narcotics users as criminals if they provide the substances for other people. The Act has governed illegal using of the substances in Articles 1 points (13), (15), 7, 111, 112, and 114. Surprisingly, the Act provided both fully victims and victims of being found guilty first treatment in the rehabilitation centre for certain period.

Constitutional Complaint di Mahkamah Konstitusi Republik Indonesia Agsel Awanisa; Yusdianto Yusdianto; Siti Khoiriah
Pancasila and Law Review Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

The purpose of this research is to determine the constitutional complaint mechanism based on comparisons in other countries, practices, and adaptation of constitutional complaints under the authority of the Constitutional Court of the Republic of Indonesia. Many cases with constitutional complaint substance have been submitted to the Constitutional Court of the Republic of Indonesia even though they don’t have this authority. This research uses a normative legal research method using a statutory approach, a conceptual approach, a comparative approach, and a case approach. This research indicates that the constitutional complaint mechanism in Germany, South Korea, and South Africa has been well implemented. In practice, cases with constitutional complaint substance are filed to the Constitutional Court of the Republic of Indonesia by changing the form by using the legal means of a judicial review, such as case number 16/PUU-VI/ 2008, case number 140/PUU-XIII/2015 and case number 102/PUU-VII/2009. Due to the consideration of the structure, substance, and culture of law, adaptation of constitutional complaint within the authority of the Constitutional Court of the Republic of Indonesia needs to be carried out by amending Law Number 24 of 2003 jo. Law Number 7 of 2020 concerning the Constitutional Court.

The Effectiveness of Criminalizing Hate Speech Through Electronic Media In Dealing With Social Changes of Communicating In Cyberspace Dewa Gede Giri Santosa
Pancasila and Law Review Vol 2 No 2 (2021)
Publisher : Fakultas Hukum Universitas Lampung

The existence of the internet has a positive impact and has a negative impact, one of which is the rampant hate speech that is spread through social media. The government then issued Law No. 11 of 2008 concerning Electronic Information and Transactions as amended by Law No. 19 of 2016, which regulates the criminalisation of hate speech conducted via electronic media. Nonetheless, even though there have been criminal threats against acts of hate speech through cyberspace, the number of cases of hate speech handled by the police has increased in years. The research aims to discover social changes' influence in the criminalisation of hate speech through electronic media. Moreover, the research investigates the criminalisation of hate speech's effectiveness through electronic media to tackle the rise of hate speech in cyberspace. This research uses the normative legal research method. The research explains that social changes related to sharing information via electronic media have an impact on applicable law in Indonesia with regulations regarding hate speech through electronic media. However, since the enactment of this regulation, hate speech acts through electronic media has increased. Therefore, the criminalisation policy must pay attention to the principle of subsidiarity. Criminal law must be the last resort in overcoming crimes using a penal instrument. Other efforts needed that should be prioritised apart from punishing the perpetrators of criminal acts.

The Strategy of Strengthening Pancasila Ideology In The Digital Age Oksep Adhayanto; Nazaki Nazaki; Nanik Rahmawati; Dewi Haryanti; Nurhasanah Suwardi; Rilo Pambudi
Pancasila and Law Review Vol 2 No 2 (2021)
Publisher : Fakultas Hukum Universitas Lampung

This research attempts to analyze the implementation of the Pancasila ideology amid current digitalization. One of the markers of this digital era is the erosion of space and national boundaries for every citizen. Indonesia's large population can be a strength or weakness of the Pancasila ideology. For this reason, systematic steps are needed to make the values of Pancasila remain as a way of life for the Indonesian. This type of research is normative research that uses literature as a primary data source. The presentation of the data is conveyed by a qualitative descriptive method. The conclusion of this study is the need to strengthen Pancasila ideology in the digital era through efforts to reaffirm the fundamental values of Pancasila to society in general and the younger generation in particular. To ground the values of Pancasila, it is deemed necessary to involve millennial participation through digital influencer programs and the development of digital literacy based on Pancasila values and the doctrine of national values.

Page 2 of 8 | Total Record : 73

1 2 3 4 5

Filter by Year

2020 2025

Filter By Issues

All Issue Vol. 6 No. 1 (2025): Issue In progress (January 2025) Vol. 5 No. 2 (2024) Vol. 5 No. 1 (2024) Vol 4 No 2 (2023): Issue In Progress (August 2023) Vol 4 No 2 (2023) Vol 4 No 1 (2023) Vol 3 No 2 (2022) Vol 3 No 1 (2022) Vol 2 No 2 (2021) Vol 2 No 1 (2021) Vol 1 No 2 (2020) Vol 1 No 1 (2020) More Issue

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Muhammad Akib

Contact Email
jurnalpdih@fh.unila.ac.id

Phone
+628127902728

Journal Mail Official
jurnalpdih@fh.unila.ac.idd

Editorial Address
B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia

Location
Kota bandar lampung,

Lampung

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Muhammad Akib

Contact Email jurnalpdih@fh.unila.ac.id

Phone +628127902728

Journal Mail Official jurnalpdih@fh.unila.ac.idd

Editorial Address B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia

Location Kota bandar lampung, Lampung INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Muhammad Akib

Contact Email
jurnalpdih@fh.unila.ac.id

Phone
+628127902728

Journal Mail Official
jurnalpdih@fh.unila.ac.idd

Editorial Address
B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia

Location
Kota bandar lampung,

Lampung

INDONESIA