Pancasila and Law Review
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.
Articles
73 Documents
<![CDATA[Niet Ontvankelijke Verklaard (NO) Decision on the Criminal Case of Land Grabbing Perspective of Justice ]]>
<![CDATA[Dhinda Ratri Putristira]]>
<![CDATA[ Pancasila and Law Review Vol 4 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v4i1.2948
<![CDATA[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.]]>
<![CDATA[Upholding the Right to Healthy Environment through Judicial Interpretation of the Right to Life ]]>
<![CDATA[Abdulkadir Bolaji Abdulkadir]]>
<![CDATA[ Pancasila and Law Review Vol 4 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v4i1.3010
<![CDATA[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.]]>
<![CDATA[Access to the Civil Service in the Democratic Republic of Congo: Reading of Law No. 16/013 of July 15, 2016 on the status of career agents in State public services. ]]>
<![CDATA[Obed Kongolo Kanowa]]>
<![CDATA[ Pancasila and Law Review Vol 4 No 2 (2023): Issue In Progress (August 2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v4i2.3023
<![CDATA[Access to the public service is a guaranteed right for all Congolese in the Democratic Republic of Congo. This right of access to the public service is framed by legal texts which determine the conditions of recruitment to the public service, the methods of recruitment … in Congolese law, there are several legal texts relating to the statutes of the public service. As a result, this study is particularly structured around law n°16/013 of July 15, 2016 on the status of career agents in the State's public services. Thus, within the framework of this study, removed the prolegomena, we deciphered the question of the access to the public service in Congolese Positive Law, by making a taxonomy of the related conditions and by elaborating on the recruitment as a modality of access to the civil service in accordance with the legal texts in this case. In order to carry out this study, we have recourse from time to time to Comparative Law. These are the main features of this study.]]>
<![CDATA[The Polemic of Adding the Term of Office for the Village Head in View from the Perception of Constitutional Law ]]>
<![CDATA[Anang Dony Irawan]]>;
<![CDATA[Ida Ayu Rosida]]>;
<![CDATA[Ega Permatadani]]>
<![CDATA[ Pancasila and Law Review Vol 4 No 2 (2023): Issue In Progress (August 2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v4i2.3034
<![CDATA[Village administration is the spearhead of national economic development and resilience. In its history, the Village has received recognition by passing Law Number 6 of 2014 concerning Villages. Before the existence of the Village Law, the basis for recognition by the Village Government was only found in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. This article tries to find out the forms of community participation in changing laws and regulations regarding Villages. In addition, it also examines the polemic over demands for an additional term of office for the Village Head, which has become the public spotlight from the perspective of Indonesian constitutional law. The type of research used in the preparation of this article is normative juridical with a statute approach and library research, by searching data and sources, which after that did a review and analysis until finally it was put in the form of writing of this article. Considering that Indonesia is a democratic country and not a communist country, where the communist government system seems authoritarian, and the term of office is long, the Village Law contains regulations regarding village authority and the term of office of the Village Head.]]>
<![CDATA[Ethics and Accountability in Government Bureaucracy ]]>
<![CDATA[Ousu Mendy]]>
<![CDATA[ Pancasila and Law Review Vol 4 No 2 (2023): Issue In Progress (August 2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v4i2.3064
<![CDATA[For the past few years, a contentious issue of accountability among government bureaucrats has remained as topical as it is relevant to governance. This research brings in an exposition of the role of ethics in ensuring accountability among government bureaucrats as animated by transparency. To realize this, a normative research method is used through secondary data. Relevant literature like books and journals are sufficiently used to paint out the existing and prevailing circumstances in government bureaucracy. Accountability is one of the tools in controlling ethical conduct of government bureaucrats. There are instances of purported power abuse made in public service, showing government bureaucracy’s disregard for ethical standards. The question of whether the state, as sovereign, should be held accountable to anyone or viewed as a moral and responsible agent has been well debated in political science literature going all the way back to Hobbes’ time. Accountability is achievable by presenting multiple and dynamic accountability obligations to administrators and low-level bureaucrats. An institutional approach questions principal-agent assumptions regarding what accountability entails, how it is demanded, rendered, evaluated, and assigned, as well as how accountable institutions function and change.]]>
<![CDATA[Global Minimum Tax Implementation: Vietnam's Policy Recommendations ]]>
<![CDATA[Le Thi Thao]]>
<![CDATA[ Pancasila and Law Review Vol 4 No 2 (2023): Issue In Progress (August 2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v4i2.3170
<![CDATA[Applying the global minimum tax rule creates an equal tax competition environment among countries today and limits the phenomena of tax evasion, tax avoidance, transfer pricing, and profit transfer. That is inevitable in the current integration and globalization environment. According to the plan, the application of the global minimum tax rule will start from January 1, 2024 in Vietnam. On the basis of legal analysis methods, statistical methods and practical law assessment from secondary document information, the views of experts analyzing the current situation of corporate income tax policy in Vietnam. in the south, preferential policies to attract investment, opportunities and challenges when applying the global minimum tax rule and the impact on the development and improvement of tax policies for foreign investors to ensure goals of attracting investment and sustainable development. The article discusses and analyzes the various challenges that countries are facing when imposing a global minimum tax. on the following aspects: (i) neutralization of tax incentive policies; (ii) the taxing rights of the investing country; (iii) competitiveness in attracting investment; (iv) recommend solutions for the Vietnamese government in law-making and effective enforcement in the coming time. This study using normative juridical, qualitative research methods on the basis of secondary literature information has analyzed the anticipated impact of the global minimum tax policy on Vietnam and the trend of building and perfecting legal policies, human, political, infrastructure, etc. tax and plan to gradually reform and internalize international commitments in the tax field in Vietnam.]]>
<![CDATA[Progressive Legal Approach to Modern Community Law Enforcement in Indonesia ]]>
<![CDATA[Syinta Amelia]]>
<![CDATA[ Pancasila and Law Review Vol 4 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v4i1.2729
<![CDATA[Law is the rule of norms and sanctions made to regulate human behavior, maintain order and justice, and prevent chaos. Law functions to guarantee the existence of legal law in society. Influence does not mean identical. The Indonesian legal system is not the same as the Anglo-American. Law in Indonesia refers to the development of law in Indonesia. The Indonesian legal system is a system itself. A system built from the process of discovery, development, adaptation and even compromise of several existing systems or it can be said the Pancasila legal system. Usually, laws change due to changing elements in life. However, this does not mean that the law is always in a dependent position. Social changes caused by technological developments lead to modern life because modernization has penetrated traditional rural communities due to these technological advances. Law enforcement in Indonesia through social analysis and progressive law is categorized as a new paradigm in law enforcement in Indonesia that is relevant to progressive law as the fulfillment of justice. This study uses library research methods and data management techniques. However, because the scope of this research is only in legal disciplines, this research was conducted by examining literature, laws and other written materials or known as normative legal research which is descriptive in nature and researched with legal socio-legal. The research results show that the assumption used is to make the law a social phenomenon. Social analysis is needed to examine various law enforcement problems because the law is part of social phenomena. The use of progressive law is a legal thought introduced and developed by Satjipto Rahardjo by viewing law as a social phenomenon.]]>
<![CDATA[Enforcement Quandary in Maritime Crimes: Espousing the Tangle of Prescriptive Jurisdiction ]]>
<![CDATA[Abdulrazaq O. Abdulkadir]]>
<![CDATA[ Pancasila and Law Review Vol 4 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v4i1.2773
<![CDATA[It is inconceivable to have crimes without laws created prescribing or enforcing them. There must also be in existence a concomitant authority, either a state or an institution vested with the capacity to enforce these laws. In cases those crimes that occur on land, it is usually straightforward to determine the body vested with the legal power to prescribe and enforce these claims. Through qualitative and quantitative sampling, this study argues that for crimes that occur on the sea; territorial, internal or high seas, determining the state with jurisdiction is not so clear. This is because there is the possibility that various states could have competing rights to prescribe, adjudicate and enforce criminal laws in relation to a criminal offense. It is therefore important that a survey of these competing/concurrent rights of states be carried out. This research also investigates whether, by international law, these rights are actually concurrent or whether one is superior to the other. It also carried out an assessment of how the concurrent rights of states are exercised and how conflicts are resolved when they occur. The research founds that in real terms, one should be superior to the others and not so concurrent.]]>
<![CDATA[Law Enforcement Efforts of Theft in Gedong Tataan District Court Based on Pancasila Justice ]]>
<![CDATA[Muhammad Dias Haikal]]>;
<![CDATA[Rinaldy Amrullah]]>
<![CDATA[ Pancasila and Law Review Vol 4 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v4i1.2928
<![CDATA[The theft crime is essentially taking the rights of others that do not belong to them secretly without coercion and the owner does not know about it. This action materially harms others and violates the values and norms that exist in society. The problem in this study is how the basis of the judge's consideration in deciding decision number 2/Pid.Sus-Anak/2022/PN.Gdt. This action materially harms others and violates the values and norms that exist in society. The problem in this study is to find out what is the basis for the judge's consideration in deciding decision number 2/Pid.Sus-Anak/2022/PN.Gdt. The problem approach used in this Legal Writing is a normative juridical and empirical juridical approach. The data sources in this research include primary data and secondary data. The resource persons in this research are judges at the Class II District Court of Gedong Tataan. The results of the research and discussion show that in deciding a juvenile criminal case, in this case, the crime of theft committed by a child, the judge as an official authorized to decide the case, sees the event from various existing legal facts and the results of research conducted by the community supervisor (PK) which later both of these become the basis for the consideration of the panel of judges. In the Gedong Tataan District Court itself, in meeting the standards for handling juvenile cases, several things still need to be addressed regarding facilities and infrastructure as regulated in the Decree of the Directorate General of the General Justice Agency.]]>
<![CDATA[Warehouse Receipt as Credit Guarantee to Welfare Farmers Based on Pancasila Justice at Bandar Lampung ]]>
<![CDATA[Angga Pratama]]>
<![CDATA[ Pancasila and Law Review Vol 4 No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v4i1.2933
<![CDATA[A common problem with agriculture in Indonesia is falling prices during the main harvest season. Farmers cannot store their crops longer because they run out of funds and do not have sufficient warehouses. This condition is exploited by middlemen and loan sharks to make huge profits. Then the government tried to overcome these problems through the aspirations of the Warehouse Receipt System (SRG) and Warehouse Receipts to be used as collateral for loans in banks. In implementing Warehouse Receipts for the welfare of farmers, in this case, it is stated in the values of Pancasila, which in essence, justice must be obtained for the welfare of farmers, especially in agricultural commodities, so that at the time of harvest, farmers can get a stable harvest price by using the Warehouse receipt system. In this case, the author takes a normative approach which is carried out by conducting a study of legal science materials or by using library materials known as library research or it can also be supporting legal scholarship such as principles and regulations, especially Law Number 9 of 2011 concerning Amendments to Law Number 9 of 2006 concerning Warehouse Receipt Systems. The results of the study show that in the implementation of SRG in Bandar Lampung city district, government policies are still experiencing problems in their implementation. Among other things, the lack of socialization among farmers, not on target, high interest in the second year for farmers who use WRS, high operational costs of transporting agricultural products from farmers' places to WRS warehouses, and not all banks. Willing to accept warehouse receipt certificates as collateral for bank loans.]]>
