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Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan
ISSN : 25280767     EISSN : 25278495     DOI : https://doi.org/10.17977
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan (JIPPK, P-ISSN: 2528-0767 and E-ISSN: 2527-8495) contains research articles, the study of theory and its application. Published periodically twice a year in June and December. Jurnal Pendidikan Pancasila dan Kewarganegaraan is published by the Laboratory of Law and Citizenship Department of Universitas Negeri Malang in cooperation with the Asosiasi Profesi Pendidikan Pancasila dan Kewarganegaraan (AP3KnI).
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Articles 380 Documents
Transplantasi Organ Tubuh dalam Perpektif Yuridis Nisa, Afifatin; Safitri, Yuni
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (295.931 KB) | DOI: 10.17977/um019v6i2p455-461

Abstract

This study aimed to analyze the legal consequences of organ transplants made according to a special agreement before a notary. The research used a normative juridical approach. The approach used in this research was the statutory approach and the conceptual approach. The legal consequences over the commercialization of body organs with the private deed were null and void because the law did not fulfill the objective requirements for the agreement's validity. The denial of the related notarial deed regarding organ transplantation did not result in a claim for compensation because it was considered that an agreement had never been made.
Cinta Tanah Air di Era Global Tridiatno, Yoachim Agus; Suryanti, Chatarina
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.978 KB) | DOI: 10.17977/um019v6i2p371-382

Abstract

This study aimed to analyze the meaning of love for the homeland from time to time, the concept of world citizenship, global citizenship, and cosmopolitanism in the global era, and analyze the urgency of patriotism education in the global era. This study used a qualitative method by explaining the feelings and ideas of the informants regarding the occurrence of a specific behaviour or symptom. The meaning of love for the homeland had shifted from ancient times, medieval times, to modern times. In ancient times, love for the homeland was regional; in the Middle Ages, it was personal; while in modern times, it was more national and national. The concepts of global citizenship, global citizenship, and cosmopolitanism in the global era showed connectivity and interdependence between humans in all parts of the world. The urgency of patriotism education in the global era was related to providing learning materials about global citizenship education or global citizenship education to instil awareness of universal humanitarian issues.
Keabsahan Akta Berita Acara Rapat Umum Pemegang Saham Perseroan Terbatas yang Dibuat Melalui Media Elektronik Tuasikal, Ahmad Umar Farhan
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (329.23 KB) | DOI: 10.17977/um019v6i2p503-510

Abstract

This study aimed to analyze the authority of a notary in making the minutes of the general meeting of shareholders of a limited liability company through electronic media and the legality of a notary deed related to the signing of a general meeting of shareholders of a limited liability company through electronic media. This study used a statutory research approach, with normative legal research—data collection techniques using literature study. The data was sourced from books and statutory documents. The results of this study indicated that the authority of a notary in making official reports using electronic media was regulated in Article 15 paragraph (3) of Law Number 2 of 2014 concerning Notary Positions, Article 77 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies, and Article 5 paragraph (1) of Law Number 19 of 2016 concerning Electronic Transaction Information. To conclude, minutes of the general meeting of shareholders held by teleconference or video conference still have legal force as an authentic deed.
Autentisitas Akta Notaris yang Dibuat Secara Elektronik pada Masa Pandemi COVID-19 Kimbal, Lovita Gamelia; Negara, Tunggul Anshari Setia; Susilo, Hariyanto
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (341.443 KB) | DOI: 10.17977/um019v6i2p417-426

Abstract

The purpose of this study was to analyze the authenticity of electronic deeds in terms of the Civil Code, Law Number 30 of 2004 in conjunction with Law Number 2 of 2014, and Law Number 19 of 2016 and analyze the urgency of making a notary deed electronically. This study used a normative juridical method with a statutory approach. Prescriptive analytical techniques analyzed primary legal materials and secondary legal materials. The results and discussion showed that the deed made electronically did not meet the exact requirements as stated in Article 1868 of the Civil Code, Article 1 point 7 and Article 16 of Law Number 30 of 2004 in conjunction with Law Number 2 of 2014, and Article 5 paragraph (4) of Law Number 19 of 2016. The urgency of making a notary deed electronically during the COVID-19 pandemic was that there were obstacles for the public to physically attend the notary's office due to physical distancing policies, so notaries were required to innovate in implementing cyber notary related to the making of deeds electronically.
Analisis Kepastian Hukum Pelaksanaan Pendidikan Pancasila Melalui Peraturan Pemerintah Nomor 57 Tahun 2021 tentang Standar Nasional Pendidikan Subagio, Hani; Hastangka, Hastangka
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (331.748 KB) | DOI: 10.17977/um019v6i2p333-341

Abstract

This study aimed to analyze the existence of Pancasila Education before the issuance of Government Regulation Number 57 of 2021 concerning National Education Standards and analysis of legal certainty for the implementation of Pancasila Education through Government Regulation Number 57 of 2021. This study used a qualitative approach, with normative and empirical legal research types. Sources of data obtained from secondary data and primary data. The study results showed that the existence of Pancasila Education experienced various dynamics before the issuance of Government Regulation Number 57 of 2021. Pancasila began to lose its role after issuing Law Number 20 of 2003 concerning the National Education System by eliminating Pancasila Education from primary education to higher education. The main issue of Government Regulation Number 57 of 2021 was based on the findings of inconsistent legal drafting with one another. The issuance of Government Regulation Number 57 of 2021, which did not include the contents of the Pancasila Education material, created legal uncertainty, which had implications for contradicting the laws and regulations on it.
Kedudukan Harta Bersama dalam Perkawinan Poligami yang Tidak Dicatatkan Oktafia, Yeni; Sudarsono, Sudarsono
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (338.814 KB) | DOI: 10.17977/um019v6i2p462-469

Abstract

This study aimed to analyze the distribution of joint property in unregistered polygamous marriages and the legal certainty of the distribution in unregistered polygamous marriages. This study was normative juridical research because this study used the statutory approach, the conceptual approach, and the historical approach. Data collection techniques were sourced from primary, secondary, and tertiary legal sources. The researcher analyzed data with descriptive analysis and interpretation methods. The study results showed that the distribution of joint property in polygamous marriages that were not registered must carry out isbat marriage so that there was a guarantee of legal protection for the distribution of joint property. The division of joint property in a polygamous marriage that was not registered was equated with a legal marriage as long as it could be proven to have good faith in its implementation. The legal certainty of the distribution of joint assets in unregistered polygamous marriages could be carried out by law chosen by husband and wife by deliberation and consensus. If submitted in court, it was based on the right of rechtsvinding based on ijtihad and the noble values of Indonesian customary law.
Implikasi Yuridis Keputusan Non Kuorum Majelis Kehormatan Notaris dalam Proses Pemeriksaan Notaris Hasibuan, Rizky Zulkarnain; Widagdo, Setyo; Kawuryan, Endang Sri
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (326.279 KB) | DOI: 10.17977/um019v6i2p383-392

Abstract

This study aimed to analyze the juridical implications of non-quorum decisions of the Notary Assembly in the notary examination process and legal protection for notaries for non-quorum decisions of the Notary Honorary Council. The study used normative juridical, with statutory and conceptual approaches. This study discussed law as a norm or rule that applied in society and was used as a behavioural guide for everyone. The study results showed that the juridical implications of non-quorum decisions of the Notary Assembly in the notary examination process were null and void after a court decision had permanent legal force. The decision was declared legally invalid so that it cannot be applied to the notary concerned. Legal protection for notaries for non-quorum decisions of the Notary Honorary Council was obtained by filing an administrative objection to the State Administrative Court by suing the Notary Assembly.
Kepastian Hukum Permohonan Eksekusi Bangunan yang Berdiri di Atas Tanah Hak Pengelolaan Pemerintah Kota Ula, Suchufiel; Santoso, Budi
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (382.432 KB) | DOI: 10.17977/um019v6i2p511-520

Abstract

This study aimed to analyze the authority of the fiduciary beneficiary creditor whose object was a building that stands on the land of management rights over city government and legal certainty of loan repayment if the debtor defaults on the fiduciary guarantee. This study used a conceptual and legal approach with a normative juridical type of research. The study results indicated that the authority of the fiduciary beneficiary creditor, whose object was a building that stands on land with the management rights of the city government, was to extend it if the term of the land use permit had expired. The creditor had the right to execute or sell the object of the fiduciary guarantee on the creditor's power if the debtor could not fulfill his obligations. When the debtor defaults, legal certainty for creditors receiving fiduciary guarantees to recover their receivables were applied for execution through a district court based on the executorial title contained in the fiduciary guarantee certificate.
Penegakan Pasal 27 Ayat (3) Undang-Undang Nomor 19 Tahun 2016 tentang Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik Makkasau, Edi Suryanto; Mirzana, Hijrah Adhyanti; Muin, Audyna Mayasari
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (332.678 KB) | DOI: 10.17977/um019v6i2p427-437

Abstract

This study aimed to analyze legal factors and law enforcement factors in the enforcement of Article 27 paragraph (3) of the ITE Law. This study used the type of empirical legal research. The data sources were in the form of primary data and secondary data. The data analysis technique used descriptive qualitative. The study results showed that the legal factors that influence the application of Article 27 paragraph (3), namely the lex certa element in the formulation of the offense, had not been fulfilled. The explanation of the phrase without rights and transmitting was not in line with Articles 310 and 311 of the Criminal Code. The ideal law enforcement had not been realized in the application of Article 27 paragraph (3) because the indicators of the principle of legality and clarity of phrases in the law had not been fulfilled, and there were still quality, quantity, and coordination constraints from law enforcement officers.
Reformulasi Pengelolaan Penyertaan dan Penatausahaan Modal Negara pada BUMN Berbentuk Perseroan Terbatas Saputra, Ardi
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 1 (2022): Maret 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (341.745 KB) | DOI: 10.17977/um019v7i1p57-67

Abstract

This study aimed to analyze the inconsistency of regulations related to the participation and administration of state capital in State-Owned Enterprises in the form of limited companies and the reformulation of regulations related to the participation and administration of state capital in State-Owned Enterprises with legal certainty and utility. The study applied a statutory approach and a conceptual approach. The type of research used was normative juridical research data sources obtained from primary, secondary and tertiary legal materials. The data analysis technique used a grammatical and systematic interpretation method. The study results showed that the inconsistency of the laws and regulations governing the mechanism for the participation and administration of state capital created overlaps and multiple interpretations. The management of State-Owned Enterprises was ineffective, inefficient, and lacked agility as a corporate entity. Reformulation of laws and regulations related to State-Owned Enterprises need to be carried out by classifying the role of State-Owned Enterprises for the Indonesian economy based on their role and deregulation of laws and regulations to create State-Owned Enterprises that were globally competitive.