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INDONESIA
LEX SOCIETAS: Journal of Law and Public Administration
ISSN : -     EISSN : 30895200     DOI : -
Core Subject : Humanities, Social,
Jurnal Lex Societas is a publication tool for academics and practitioners to publish research articles and conceptual study articles in the field of environmental law (national and international). The scope of the study in the Journal of Environmental Law Development includes legal aspects: Spatial Planning, Agrarian, Forestry, Mining, Energy, Mineral Resources and Coal, Local wisdom, Environmental Disputes, Maritime Affairs and Fisheries, Biodiversity, Climate change, Residential Housing, Water resources.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
APPLICATION OF THE PANCASILA MODEL IN THE SOURCES OF INDONESIAN STATE LEGAL SYSTEM Novi Dwi Komala; Dwita Hasanah S; Muhammad Sabil Anugrah
LEX SOCIETAS: Journal of Law and Public Administration Vol. 1 No. 3 (2024): October
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/sgjfkv89

Abstract

Pancasila as the foundation of the Indonesian state has a fundamental role in shaping the national legal system. The application of the Pancasila model in the source of the Indonesian state legal system refers to the principles contained in Pancasila which are used as guidelines in making laws and legal practices in Indonesia. In this context, Pancasila not only functions as the basis for ethics or the nation's outlook on life, but also as a source of law that regulates every legal policy, both in the 1945 Constitution of the Republic of Indonesia and in other legal products. This study aims to analyze how the values ​​contained in Pancasila can be applied consistently in the Indonesian state legal system, as well as the challenges faced in the implementation process. Through a qualitative approach and analysis of legal documents, this study found that although Pancasila is the basis for compiling the Indonesian legal system, its application in daily legal practice still faces several obstacles, especially in terms of enforcing the principles of social justice and humanity contained in Pancasila. This study emphasizes the importance of strengthening collective awareness of the values ​​of Pancasila among state officials and society in order to create a more just and prosperous legal system. Therefore, greater efforts are needed to integrate Pancasila values ​​more effectively into every legal policy implemented in Indonesia
LEGAL PERSPECTIVES ON FREE ASSOCIATION AMONG TEENAGERS Mhd Alfa Ridho Fahlevi
LEX SOCIETAS: Journal of Law and Public Administration Vol. 1 No. 3 (2024): October
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/gjmz4r31

Abstract

Free association among teenagers has become one of the social issues that attracts attention in various fields, including law. Free association refers to social interactions that are not bound by clear norms or boundaries, which often involve risky behavior, such as drug abuse, premarital sex, and the spread of sexually transmitted diseases. In this context, the law has an important role in providing restrictions, protection, and sanctions against behaviors that can endanger the health and morality of teenagers. This study aims to examine the legal perspective on free association among teenagers, with a focus on existing regulations in Indonesia and how the law can play a role in preventing the negative impacts of free association. Through a normative approach, this study analyzes laws and regulations that regulate adolescent behavior, such as the Child Protection Law, as well as government policies related to preventing free association. The results of the study show that although the law has provided a clear basis for protecting teenagers, the implementation of regulations that are still less than optimal and the lack of effective supervision are major challenges. Therefore, it is important to improve legal education for teenagers and strengthen the role of society in supervising and guiding them to avoid the negative influences of free association
PANCASILA AS A NORM IN THE BASIS OF THE INDONESIAN LEGAL SYSTEM Winda Safina; Uswatun Chasana Rambe; Hani Ananda Maulida
LEX SOCIETAS: Journal of Law and Public Administration Vol. 1 No. 3 (2024): October
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/2t0vwp80

Abstract

Pancasila is the foundation of the Indonesian state and is the highest source of law in the Indonesian legal system. As an ideological foundation, Pancasila is a guideline in the formation and implementation of laws and regulations. This is reflected in the 1945 Constitution, which emphasizes that every regulation must be in accordance with the values of Pancasila. The values inPancasila includes Divinity. Humanity, Unity, Democracy, and Social Justice. The five principles are a guide in realizing fair laws and creating social order. In legal regulations, all policies and rules made by the government or other state institutions must be based on the values of Pancasila. If there are regulations that conflict, then the regulations are considered invalid and can be revoked. Thus, Pancasila is not only the moral and ethical foundation of the nation, but also has a legal position as the highest guideline that covers all legal regulations in Indonesia.Pancasila is also referred to as the source of all sources of law, why? because it has received legal legitimacy through MPR Decree Number XX/ MPRS/ 1966 concerning the DPR- GR Memorandum Concerning the Source of Legal Order of the Republic of Indonesia and the Sequence of Legislation of the Republic of Indonesia. After the reformation, the existence of Pancasila was reaffirmed in Law Number 10 of 2004 which was then replaced by Law Number 12 of 2011 concerning Legislation. Pancasila as the source of all sources of law gives meaning that the national legal system must be based on Pancasila
RELATIONSHIP BETWEEN LAW AND SOCIAL JUSTICE VALUES OF PANCASILA FOR THE LIFE OF INDONESIAN SOCIETY Hafaz Muhammad Bintang; Kahfi Sukri Bayuandri; Shiren Safitri
LEX SOCIETAS: Journal of Law and Public Administration Vol. 1 No. 3 (2024): October
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/j5c8kw82

Abstract

Indonesia is a country of law based on Pancasila. With the problems that continue to arise in Indonesian society, Pancasila will be a source of reference for forming and enforcing law in Indonesia. If justice does not exist, law will only be a formality. The rights and obligations of citizens are no longer protected by law. As a result, Pancasila becomes a philosophy of life and a guide for the life of the nation and state. They must be used as a guideline for acting, behaving, and making policies in the Indonesian system of government. This study uses a qualitative approach. This study will show that, given the large number of people in Indonesia who want justice, law is tied to Pancasila. Every life must have values ​​of justice, because in essence something that is unfair will cause inequality, therefore the presence of law can help realize true justice. The relationship between law and the social justice values of Pancasila is fundamental in shaping the legal framework and social fabric of Indonesia. Pancasila, as the foundational ideology of the state, incorporates principles of justice, equality, and social welfare that directly influence the formulation and application of laws and policies. This paper explores how the social justice values enshrined in Pancasila, such as fairness and equal opportunity, are integrated into the Indonesian legal system and their impact on society. It analyzes the challenges and opportunities in ensuring that Pancasila’s values are reflected in everyday legal practices, including judicial decisions and governmental actions. Despite the legal framework in place, gaps remain in the effective implementation of these ideals, particularly in addressing social disparities and ensuring access to justice for all. This study suggests that while significant progress has been made, continued efforts are needed to align the legal system more closely with the ideals of Pancasila, ensuring that social justice becomes a lived reality for every citizen in Indonesia
RELATIONSHIP BETWEEN LAW AND SOCIAL : A SOCIOLOGICAL PERSPECTIVE OF LAW Irham Risky Aslamsyah
LEX SOCIETAS: Journal of Law and Public Administration Vol. 1 No. 3 (2024): October
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/gr4c2e31

Abstract

To achieve order and legal certainty in society, law enforcement needs to be carried out. This law enforcement is carried out, among others, by regulating the duties, functions, and authorities of institutions tasked with enforcing the law according to the authority of each institution, to achieve the creation of order and legal certainty, a good cooperation system is needed between law enforcement institutions. According to Satjipto Raharjo (Prof. Tjip), law enforcement in Indonesia is filled with complexity. One manifestation of this complexity can be stated as “law enforcement being pushed into the slow lane”. Prof. Tjip said that basically the technology of modern law uses the method of “generalization” which always has the determination to be neutral, objective, and “indiscriminate” in dealing with legal problems in society. However, in everyday reality, this method must face the “doctrine of who”, which always questions “who is the person”. As a result of this doctrine, the principle of indiscriminateness changes to the principle of “discrimination”, and it is not impossible that the legal process is also pushed into the slow lane. This research is normative legal research that uses data collection techniques, literature studies guided by primary, secondary and tertiary legal materials and then analyzed. To see how law enforcement in Indonesia is seen from a legal sociology perspective. Keywords: law enforcement, legal certainty, sociology of law
LEGAL PROTECTION FOR DOCTORS AND PATIENTS IN HEALTH SERVICES IN INDONESIA Rivaldi Pratama Haryanto
LEX SOCIETAS: Journal of Law and Public Administration Vol. 2 No. 1 (2025): February
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/w3jkkw78

Abstract

The relationship between doctor and patient is a relationship based on the law. Practically, both doctor and patient have the same potential to experience loss or disadvantages due to one of the parties violate the obligations and rights. Treatment of disease that involves two parties – the health service provider and the patient should be protected by law. It is to embody the highest degree of health for the community in order to achieve a strong, healthy, and productive nation. The aim of this writing is to know all matters concerning the state regulation of relationship between doctor and patient, including each party’s obligations and rights as well as legal protection for both doctor and patient. Method of this writing is qualitative descriptive by collecting data and information based on health laws in Indonesia, as well as literature research. Other source of data and information are from relevant writing such as scientific journal, thesis, books and other electronic media.Increasing public knowledge about the health of the increasing criticism and demands on health services provided by health providers, application and utilization of health law at this time is not maximized, this proved not their field or special sections health care law itself both in the hospital and health services other. The negative impact is still an element of discrimination among health professions, the incidence rate is still high malpractice as was the case recently occurred, the patient died in Jakarta Chiropractic Clinic and the rampant cases of trade in human organs. With the increasing incidence of malpractice so prevention is indispensable to the health law priority in health services in hospitals based on values of justice
THE PHENOMENON OF EARLY MARRIAGE IN INDONESIA ISLAMIC FAMILY LAW PERSPECTIVE Suci Br Sitepu
LEX SOCIETAS: Journal of Law and Public Administration Vol. 2 No. 1 (2025): February
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/04a4vb09

Abstract

Early marriage is a phenomenon that continues to be of concern in Indonesia, especially in areas with strong cultural traditions. This study aims to examine the phenomenon of early marriage from the perspective of Islamic family law, highlighting the factors that drive the practice and its impact on individuals and society. Using a normative juridical approach, the study finds that although Islamic law provides for a marriage age limit based on physical and mental capability, the practice of early marriage is often driven by social pressure, poverty and lack of education. The article recommends the need for synergy between Islamic law and national regulations to protect children's rights and realize the goal of harmonious marriage in accordance with maqashid sharia.
THE ROLE OF LAW IN OVERCOMING DISCRIMINATION AGAINST MINORITY GROUPS IN THE SOCIAL ENVIRONMENT Tanti Nurmala Sari
LEX SOCIETAS: Journal of Law and Public Administration Vol. 2 No. 1 (2025): February
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/2c1xwd89

Abstract

Discrimination against minority groups is a complex social problem in Indonesia.This study analyzes the role of law in protecting the rights of minority groups and overcoming discrimination. With a juridical-normative approach and case studies, this study finds that law is effective as a tool to regulate, protect and punish discrimination.The Human Rights Law and the Discrimination Eradication Regulation are strategic legal bases. Increasing public legal awareness and consistent implementation are urgently needed. Discrimination against minority groups is still a deep social problem in Indonesia. Law has a strategic role in overcoming this discrimination. This study aims to analyze the role of law in protecting the rights of minority groups and overcoming discrimination. The research method uses a juridical-normative approach and case studies. The results of the study show that law can act as a tool to regulate, protect and punish discrimination. Law No. 40 of 1999 concerning Human Rights and Government Regulation No. 57 of 2021 concerning the Eradication of Discrimination are effective legal bases. However, it is still necessary to increase public legal awareness and consistent implementation of the law
ANALYSIS OF CORRUPTION AND ITS IMPACT ON NATIONAL DEVELOPMENT Fauzanna Zamalika
LEX SOCIETAS: Journal of Law and Public Administration Vol. 2 No. 1 (2025): February
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/xvc2ct44

Abstract

Corruption is a common enemy that causes losses to the state through the obstruction of the development process, increasing social inequality, weakening public trust, and inefficient management of resources. This article thoroughly explores the issue of corruption and its impact on national development. By presenting a thorough analysis of the factors affecting the spread and intensity of corruption and its consequences in various sectors of the development process, this article highlights the complexity of the problem of corruption within the framework of national development. This research is a normative legal research, and the type of data used is qualitative data. The negative impacts of corruption not only include economic losses, but also damage social order, reduce public trust in the government, and hinder sustainable economic growth. This research aims to comprehensively examine the dynamics of corruption in Indonesia, with an emphasis on the legal and social efforts that have been made to address this problem. Through an in-depth understanding of the phenomenon of corruption, it is hoped that we can formulate effective strategies to combat corruption and promote sustainable and inclusive national development
THE IMPACT OF SOCIAL CHANGE ON THE IMPLEMENTATION OF LAW POLICIES IN SOCIETY Anessa Permata Zahra
LEX SOCIETAS: Journal of Law and Public Administration Vol. 2 No. 1 (2025): February
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/xhx03y87

Abstract

This study discusses the relationship between law and society, as well as how law functions as a tool to regulate and balance social behavior. The main focus of the research is to understand how law adapts to social changes influenced by cultural values, customs, religion, and norms. Using literature study and qualitative data analysis methods, the research examines the application of law in various regions with different social backgrounds. The results of the study show that law plays a significant role as a social control mechanism, a driver of change, a symbol of communication, and an integrator in maintaining societal harmony. This study also highlights the importance of the restorative justice approach in resolving conflicts peacefully and effectively. Through this principle, law not only functions as an enforcer of rules but also as a means of strengthening social relationships and building solidarity. Furthermore, public legal awareness is identified as a key factor in creating compliance with applicable rules. Therefore, the main recommendation of this research is the development of a legal system that is more responsive and flexible to social dynamics in order to address the challenges of globalization. With the implementation of adaptive and inclusive law, it is hoped that order, justice, and harmony will be achieved in community life

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