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B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia
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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 77 Documents
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Guaranteeing Freedom of Speech: The Role of the Primus Inter Pares Principle in the Presidential Insult Clause Perdana, Muhammad Anugerah; Aurellia, Shafa Ataina
Pancasila and Law Review Vol. 6 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v6i1.4080

Abstract

The ratification of Indonesia’s new Criminal Code (KUHP) on December 6, 2022, has sparked concerns over potential restrictions on human rights, particularly the right to freedom of expression. These concerns arise from the reintroduction of the article on insulting the president, which had been annulled by the Constitutional Court in Decision No. 013-022/PUU-IV/2006. The government contends that the revised provision is now grounded in the primus inter pares principle, which, according to the Minister of Law and Human Rights, seeks to uphold the president’s dignity without compromising public freedom of speech. This study employs a normative juridical methodology with statutory and comparative approaches to analyze how the primus inter pares principle in the presidential insult article can safeguard freedom of expression. The findings suggest that, while the principle is designed to prevent the misuse of presidential protections, its practical application remains unclear and susceptible to misinterpretation. Consequently, further clarification and judicial oversight are necessary to ensure an equitable balance between state dignity and individual rights.
Legal Protection of Personal Data Against Phishing in Indonesia: A Pancasila-Based Approach Nurmansyah, Gunsu; Natamiharja, Rudi; Setiawan, Ikhsan
Pancasila and Law Review Vol. 6 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v6i1.4138

Abstract

Phishing in Indonesia presents significant risks to privacy and data security. This study employs a normative juridical approach to analyze the protection of personal data, with attention to both preventive and repressive legal mechanisms. It assesses the effectiveness of Law No. 27 of 2022 on Personal Data Protection in combating phishing, alongside measures of digital literacy and law enforcement. The findings indicate notable progress but highlight persistent challenges in enforcement capacity, public awareness, and international cooperation. The study recommends strengthening enforcement, expanding cybersecurity education, and enhancing cross-border collaboration to advance data protection.
The Intersection between Legal Philosophy and Pancasila Ideology in Recognising Indonesian Indigenous Peoples Putra, David Aprizon; Ambarini, Nur Sulistyo Budi; Satmaidi, Edra; Barus, Sonia Ivana; Kosasih, Ade
Pancasila and Law Review Vol. 6 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v6i1.4210

Abstract

This study examines the relationship between customary law communities and the ideology of Pancasila within Indonesia’s legal philosophy. Article 18B Paragraph (2) of the 1945 Constitution affirms state recognition of customary law communities and their long-standing social, legal, and cultural systems. However, challenges persist in integrating customary law into the national legal framework, including normative disparities and conflicts of interest. Using a normative juridical method with philosophical, statutory, and case approaches, and drawing on secondary data through literature review, this research finds that the intersection between legal philosophy and Pancasila reflects the value of social justice. Pancasila provides a philosophical and constitutional foundation for recognising and protecting customary law communities while promoting national unity and sustainable development, thereby affirming its role in upholding diversity, justice, and humanity.
The Policy Changes of State-Owned Enterprises Concerning Foreigner in the Perspective of Talcott Persons Structural Functional Theory Pratama, Andre Arya; Nurfani, Anggun; Murniati, Rilda
Pancasila and Law Review Vol. 6 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v6i1.4856

Abstract

Law Number 16 of 2025 allows foreign nationals to occupy strategic positions in State-Owned Enterprises, triggering debate between the demands of modernization in a globalized economy and the principle of national economic sovereignty under Article 33 of the 1945 Constitution. This normative legal study applies a statute approach, an analytical approach, and Talcott Parsons’ AGIL framework to examine the legal and sociological implications of this policy. The findings show that the policy functions as an adaptive strategy to improve governance and competitiveness, but it also raises challenges in integrating international professional standards with local organizational culture and in maintaining economic nationalism. While foreign involvement may reduce political pressures in decision making, it simultaneously generates resistance related to the sovereignty of public resources. The effectiveness of this policy therefore depends on the ability of the legal system and SOE management to balance global openness with the preservation of national values, supported by clear implementing regulations and mechanisms for domestic capacity building through knowledge transfer.
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.
Bridging Norms and Practice: Structural Barriers to Women’s Protection from Sexual Violence in Nigeria Muhammad jibril, Abubakar; Saidy Jeng, Lamin
Pancasila and Law Review Vol. 6 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v6i1.4998

Abstract

Sexual violence persists in Nigeria despite ratification of major human rights treaties and enactment of domestic legislation such as the Violence Against Persons (Prohibition) Act. This study assesses whether Nigeria’s legal and institutional frameworks provide effective protection for women, focusing on constitutional dualism, uneven state implementation, socio-cultural resistance, and under-resourced enforcement bodies. Using a qualitative normative legal analysis, it examines treaty domestication, limitations in enforcement of the VAPP Act, and structural barriers faced by survivors, drawing comparative insight from South Africa’s monist constitutional model. The study finds that fragmented criminal regimes and institutional weaknesses undermine compliance with international obligations and argues for a monist constitutional approach, harmonized national standards, and strengthened institutional capacity to align domestic practice with human rights commitments.

Page 8 of 8 | Total Record : 77

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