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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
Penyelesaian Sengketa Waris yang Berkeadilan pada Masyarakat Adat Suku Kajang Kabupaten Bulukumba Akib, Muhammad Kibar; Koeswahyono, Imam; Sulistyarini, Rachmi
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 2 (2022): Juli 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (334.12 KB) | DOI: 10.17977/um019v7i2p349-356

Abstract

This study aimed to analyze the obstacles to the settlement of inheritance disputes in the Kajang indigenous people and the efforts to settle inheritance disputes in a just manner in the Kajang indigenous peoples. The type of research used in this study was empirical juridical with an anthropological approach—sources of data obtained from primary and secondary legal materials. Data collection techniques were carried out through interviews. The data obtained were analyzed using descriptive methods. The results of this study indicated that the obstacles to the settlement of inheritance disputes in the Kajang indigenous people were the parties making false confessions, insisting on defending their rights and social status, tending to be emotional, and lacking firmness from the mediator. Efforts to settle inheritance disputes that were fair to the indigenous people of the Kajang tribe are carried out based on local wisdom based on pasang ri kajang through three stages, namely deliberation at the hamlet head level, mediation by the village head, and the customary justice institution.
Makna Pemberian Remisi kepada Warga Binaan Pemasyarakatan Terpidana Seumur Hidup Masirri, Jennifer Regina; Bachri, Syamsul; Riza, Marwati
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 2 (2022): Juli 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (313.615 KB) | DOI: 10.17977/um019v7i2p311-321

Abstract

This study analyzed the legal position of presidential decrees in granting remissions to inmates and the meaning of giving remissions to lifelong criminal inmates. This study used normative juridical research with a statutory approach, a conceptual approach, and a comparative approach—sources of data obtained from primary and secondary legal materials. The data obtained were analyzed using descriptive methods. The results of the study showed that the legal position of the presidential decree in granting remissions that changed the type of punishment for inmates did not have juridical power. Changes in the type of crime should be carried out in the form of clemency as stipulated in the 1945 Constitution of the Republic of Indonesia. The meaning of giving life imprisonment to prisoners in prison in Indonesia was different from some countries in the world, which only reduced the criminal period and did not change the type of punishment because due to remission, it was excluded from crimes that were very dangerous to the general public.
Rekonstruksi Sistem Demokrasi Lokal di Indonesia Hady, Nuruddin
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 2 (2022): Juli 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (310.296 KB) | DOI: 10.17977/um019v7i2p357-366

Abstract

This study aimed to analyze local democracy in the old order, new order, and reform eras and reconstruct local democracy in Indonesia. The study was sociological juridical with a statutory approach, a historical approach, and a conceptual approach. Local democracy was reflected in the election of regional heads from the old order era until the reformation, which changed under the applicable laws and regulations. The Regional People's Representative Council elected regional heads in the old order era. In contrast, in the new order era, they were elected by the Regional People's Representative Council based on mutual agreement with the Minister of Home Affairs or the Governor. The filling of regional head positions in the reform era, which the Regional People's Representative Council previously carried out, was done directly by the people. Indonesia reconstructed local democracy through several alternatives: regional heads elected by the Regional People's Representative Council, elected through determination, directly elected by the people, and elections in accordance with regional peculiarities. 
Pengembangan Profesionalitas Guru Pendidikan Pancasila dan Kewarganegaraan Melalui Tindakan Reflektif Saadah, Khilma Azis Wakhidatus
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 2 (2022): Juli 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (352.118 KB) | DOI: 10.17977/um019v7i2p322-334

Abstract

This study aimed to describe the process, the effort, and the benefits of reflective actions of Pancasila and Civic Education teachers in developing professional competencies. The research utilized a qualitative approach with phenomenology—the data was collected through observation, interviews, and documentation. Reflection activities should be carried out by the teacher continuously with learning. The benefits of reflection activities carried out by teachers were knowing problems when planning, implementing, assessing, guiding, and educating, as well as carrying out additional tasks. Efforts to improve the professional competence of teachers were conducting classroom action research and improving skills along with the times. Professional teachers should carry out classroom action research to improve the learning process in the classroom, career support, and new knowledge about scientific work. Teachers were required to keep up with the times by learning from various sources to utilize technology to increase students' learning activeness.
Politik Hukum Pengadilan HAM Ad Hoc sebagai Upaya Penyelesaian Pelanggaran HAM Berat Masa Lalu di Indonesia Pratama, Andhika Yudha
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 2 (2022): Juli 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (303.824 KB) | DOI: 10.17977/um019v7i2p367-374

Abstract

This study aimed to analyze gross human rights violations in Indonesia, the implementation of Law Number 26 of 2000 concerning the Ad Hoc Human Rights Court, and the challenges of ad hoc human rights courts in resolving gross human rights violations in Indonesia. This study applied normative and empirical legal research with a case study approach. The researcher collected data from primary and secondary data resources. Data collection techniques were carried out by reviewing, studying, and categorizing. The analysis procedure started with data inspection techniques, data marking, and drawing conclusions. The study results showed that the provision of gross human rights violations in Indonesia was adopted from the Rome Statute. However, the implementation of Law Number 26 of 2000 concerning the Ad Hoc Human Rights Court was still limited to the judicial process of the cases of Timor-Timur and Tanjung Priok. The challenges of ad hoc human rights courts include the less than optimal role of Law Number 26 of 2006, legal aspects of the legislation that were not accompanied by procedural law procedures, law enforcement officers who did not work optimally, as well as political, social, and cultural factors that weaken law enforcement at the national level.
Stаtus Hukum Hаk Milik Аtаs Tаnаh yаng Terdаmpаk Likuefаksi Triningtias, Ratnawati; Permаdi, Iwаn; Koeswаhyono, Imаm
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 2 (2022): Juli 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (16.421 KB) | DOI: 10.17977/um019v7i2p282-292

Abstract

This study aimed to analyze the legal status of property rights and the legal protection of holders of property rights on land affected by liquefaction. This study used a normative juridical method with a statutory approach and a conceptual approach. Ownership rights to land affected by liquefaction were still legally attached to the land owner because the land was not entirely lost but only shifted. Furthermore, land affected by liquefaction could not be categorized as destroyed land because it could physically be found based on coordinates. Legal protection for property rights holders on land affected by liquefaction was categorized into objective and subjective legal protection. Objective legal protection was carried out by re-measurement of the boundaries of property rights on land affected by liquefaction, digitally storing data on land ownership rights to overcome the impact of the loss of land title certificates due to disasters, as well as detailed spatial planning for disaster-prone areas. According to the detailed plan, personal legal protection was carried out by counseling and outreach to the public regarding disaster management and victim liquefaction relocation programs.
Implementasi Ketentuan Pasal 12 Peraturan Menteri Dalam Negeri Nomor 51 Tahun 2007 sebagai Dasar Pembentukan Kawasan Pertanian Terpadu Sukriono, Didik
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 2 (2022): Juli 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (286.449 KB) | DOI: 10.17977/um019v7i2p335-341

Abstract

This study aimed to describe the determination of inter-village integrated growth centers based on Article 12 of the Minister of Home Affairs Regulation Number 51 of 2007 and analyze the formation of integrated agricultural areas based on the analysis of rural areas in the determination of inter-village integrated growth centers. This study used an empirical juridical method with a statutory and conceptual approach. The data in this study were obtained through observation, documentation, interviews, focus group discussions and conventional and electronic literature studies, which were analyzed using juridical qualitative methods. Determination of integrated growth centers between villages based on Article 12 of the Regulation of the Minister of Home Affairs Number 51 of 2007 was carried out by analyzing rural areas, both in terms of topography, natural resources, human resources, and facilities and infrastructure owned. The establishment of integrated agricultural areas based on the analysis of rural areas in determining the integrated growth centers between villages was carried out through four stages, namely the proposal of development plans, formulation of strategies and policies, planning of supporting programs, and legalization of integrated agricultural areas.
Kedudukan Surat Keputusan Bersama sebagai Pedoman Implementasi Pasal Penghinaan dan Pencemaran Nama Baik dalam UU ITE Ramadhani, Defi Sri Sunardi; Noerdajasakti, Setiawan; Sulistio, Faizin
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 2 (2022): Juli 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (359.84 KB) | DOI: 10.17977/um019v7i2p375-383

Abstract

This study aimed to analyze the guidelines for implementing Article 27 paragraph (3) of Electronic Transaction and Information Law and the joint decree's legal standing as guidelines for implementing the law on information and electronic transactions. This study utilized a normative juridical method with a historical approach, a conceptual approach, and a statutory approach. The implementation of Article 27 paragraph (3) of Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 was based on the Decision of the Constitutional Court Number 50/PUU-VI/2008 that referred to Article 310, Article 311, and Article 315 of the Indonesian Criminal Act. Although it was not explicitly stated in Article 7 paragraph (1) of Law Number 12 of 2011 concerning the Establishment of Legislation, the joint decree as guidelines for implementing the law on information and electronic transactions had the same position and binding legal force as the laws and regulations.
Residivistis sebagai Syarat Pengecualian Diversi dalam Sistem Peradilan Pidana Anak di Indonesia Aziz, Siti Nur Afifah; Sugiri, Bambang; Endrawati, Lucky
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 2 (2022): Juli 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (382.242 KB) | DOI: 10.17977/um019v7i2p293-302

Abstract

The purpose of this study was to analyze the Banyumas District Court Decision Number 05/Pid.Sus-Anak/2015/PN-Bms and analyze the recidivism concept in Indonesia's juvenile criminal justice system. This study uses a normative doctrinal method with legal, case, and conceptual approaches. The decision of the Banyumas District Court Number 05/Pid.Sus-Anak/2015/PN-Bms contained a case of abuse by a child who had previously been punished with three months in prison by the Purbalingga Court for committing the crime of theft. The concept of recidivism in the juvenile criminal justice system in Indonesia was based on Article 7 paragraph (2) letter b of Law Number 11 of 2012, which explained that children who commit recidivists could not be diverted.
The Study of Social Justice in Pancasila, Islam, and Hinduism Perspective Mansir, Firman
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 2 (2022): Juli 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (292.988 KB) | DOI: 10.17977/um019v7i2p342-348

Abstract

This study aimed to analyze the concept of social justice from Pancasila, Islam and Hinduism perspectives. This study used a qualitative method with literature study techniques to explain ideas related to the concept of justice from Pancasila, Islamic and Hindu perspectives. The concept of justice in Pancasila was defined as a principle that requires all elements, i.e. citizens and the government, to be fair in all areas of life, both material and spiritual, by placing things according to their portion or place without taking sides. Justice in the Islamic perspective could be extracted from QS Al-Baqarah [2]: 148, requiring everyone to compete to do good, known as fastabiqul khairat. Every goodness will, of course, be replaced with a gift. Therefore, justice played a role in giving gifts according to the good that had been done. On the other hand, justice in the Hindu perspective emphasized the balance between the rights obtained and the obligations carried out based on their social position, either individually or collectively.