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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 73 Documents
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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.
Legal Approaches to Climate Change Mitigation: Evaluating Implementation Strategies and Mainstreaming Efforts Yusdiyanto, Yusdiyanto; Budiyono, Budiyono; Saleh, Ahmad; Nurhalimah, Dewi; Gultom, Rachel Sophia Joy Aprilia
Pancasila and Law Review Vol. 5 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v5i2.4018

Abstract

Climate change poses a serious threat to all nations. According to the World Economic Forum's Global Risk Report (2019), climate change ranks among the most significant global risks, contributing to natural disasters, extreme weather events, food and water crises, biodiversity loss, and ecosystem collapse. These impacts have profound consequences for human life. Despite growing awareness of climate change as a critical issue, large-scale efforts to mitigate its effects remain insufficient. This research seeks to analyze the factors contributing to the lack of public awareness in addressing climate change, particularly from a legal perspective. Legal frameworks play a crucial role in mainstreaming climate change mitigation and adaptation to prevent environmental disasters and promote sustainable development. Employing a normative approach, this research will explore the legal mechanisms necessary for integrating climate change mitigation and adaptation into regulatory frameworks.
Reevaluating the Necessity of a State of Emergency: Lessons from the Covid-19 Pandemic Taqwa, Muhamad Dzadit; Al Bone, Nayla Amalia
Pancasila and Law Review Vol. 5 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v5i2.4033

Abstract

Jimly Asshiddiqie argued that Indonesia should have declared a state of emergency during COVID-19 to ensure effective governance, asserting that, without it, the government lacked legitimacy to implement restrictive policies. This paper critically examines this claim through a doctrinal and regulatory policy analysis, assessing the necessity of an emergency declaration in managing the pandemic. The research evaluates regulatory effectiveness, legal implications, constitutional rights restrictions, and governmental legitimacy. While a state of emergency could enhance policy enforcement, the government retained legitimacy to implement necessary measures without it. Moreover, invoking Article 12 of the 1945 Constitution could have worsened the situation due to its broad legal consequences. However, the absence of an emergency declaration did not necessarily lead to a more effective response, as the government’s initial inaction and public unpreparedness contributed to financial difficulties. Ultimately, Indonesia managed to conclude the pandemic without declaring a state of emergency..
The Role of the UPTD DP3AP2KB Depok City in Implementing Policies for Handling Cases of Sexual Violence and Abuse Against Children Kurniawan, Yunan Prasetyo; Kesuma, Diani; Tarsono, Edy; Sekar Wangi, Tiara Ayu
Pancasila and Law Review Vol. 5 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v5i2.4010

Abstract

Children are often vulnerable targets for adult aggression, resulting in various forms of violence including physical abuse, neglect, pornography, psychological abuse, and sexual violence. In Depok City, where such cases occur, the local government provides protection and assistance to child victims through the UPTD PPA DP3AP2KB. This research analyzes the factors hindering policy implementation, effective methods in addressing violence and sexual harassment against children, and the resulting impact on child protection under the UPTD PPA DP3AP2KB’s policies. Employing empirical research methods, data were collected through field interviews with resource persons from the UPTD DP3AP2KB of Depok City. Findings reveal that both internal and external factors hinder policy implementation. Additionally, six key service functions represent effective methods for assisting victims. The policy’s impact on child protection includes providing psychological support, addressing victims’ school-related challenges, and fulfilling families’ needs for legal proof. The research concludes that the UPTD PPA DP3AP2KB of Depok City implements its policies on handling violence and sexual abuse against children in accordance with existing regulations.
Legal Impact of the Division of Mandatory Government Affairs to the Society Purwanda, Sunardi
Pancasila and Law Review Vol. 5 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v5i2.4021

Abstract

This article examines the division of concurrent authority between the central and local governments in Mandatory Government Affairs and its implications for fulfilling citizens’ basic service rights. Using an interdisciplinary legal approach, the research explores the persistence of centralized bureaucratic influence in regional governance and evaluates whether the current separation of mandatory affairs aligns with regional needs or hampers local welfare. Findings indicate that the central government continues to dominate decision-making due to the legacy of centralized bureaucracy. The authority division under Article 12 paragraphs (1) and (2) creates legal ambiguities, conflicts with principles of good governance, and undermines interrelated human rights. Consequently, these issues impact the formulation of Regional Revenue and Expenditure Budgets (APBD), impeding the welfare of communities, as exemplified by the case of Parepare City.
The Development of a Bilateral System in National Inheritance Law Grounded in Social Justice Perwitasari, Dita; Santoso, Budi; Yunanto, Yunanto
Pancasila and Law Review Vol. 5 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v5i2.4058

Abstract

The unresolved conflicts between Islamic law, the Civil Code (KUHPer), and customary (adat) law present significant challenges in integrating bilateral inheritance principles into Indonesia’s national legal framework. The existing pluralistic inheritance system often falls short in realizing social justice, particularly for women and marginalized groups, resulting in legal uncertainty and inequality. This research employs comparative legal analysis and a normative-juridical approach to explore the systematic construction of a bilateral inheritance system that guarantees equal inheritance rights for male and female heirs. The research contributes a novel hybrid legal framework that seeks to harmonize bilateral adat principles—such as equal division among children—with Islamic inheritance laws, which allocate fixed shares to specific heirs, thereby advancing both legal coherence and social equity.
The Urgency of Border Area Development Towards Special Economic Zones: Legal Guarantees for Social Welfare in Indonesia Zein, Yahya Ahmad; Rohman, Arif
Pancasila and Law Review Vol. 5 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v5i2.4067

Abstract

Border areas will continue to lag behind other regions without proper management. The limited natural resources in these areas pose a challenge for development. Through national strategic projects, border regions are expected to compete and enhance the well-being of their communities. This research aims to analyze the efforts of border regions in realizing Special Economic Zones (SEZs) to address regional disparities in Indonesia. Using doctrinal legal research with a legislative approach and comparative studies, the findings show that establishing SEZs in border areas, specifically North Kalimantan, provides a legal guarantee that facilitates economic functions. This will accelerate economic development in North Kalimantan and nationally, promote infrastructure, and support sustainable, environmentally sound development, contributing to community welfare. Therefore, meeting SEZ regulations is part of a legal guarantee under responsive law..

Page 7 of 8 | Total Record : 73

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