Pancasila and Law Review
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.
Articles
46 Documents
<![CDATA[MEMENUHI KEADILAN BAGI MASYARAKAT DALAM KONTEKS PELAYANAN PENDIDIKAN (Studi Kasus Pungutan untuk Pendanaan Sekolah) ]]>
<![CDATA[Agus Triono]]>
<![CDATA[ Pancasila and Law Review Vol 1 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v1i2.1951
<![CDATA[This article aims to explain how justice should be fulfilled in the context of educational services. In particular, the authors analyzed the charges for school funding that are currently rife—based on the analysis, that the collection of levies from the community for school funding is permitted according to statutory regulations with various restrictions. As a government legal action, the collection of these levies can have legal consequences. It can be declared invalid, invalid and not legally binding because they have violated applicable laws, thus causing an injustice to the community. Therefore, the collection of levies must be carried out legally, transparently and accountably. Thus the community can obtain legal certainty and justice and can actively participate in the development process and improve the quality of education. Withdrawal of donations can generally be requested but must fulfil the essence of a sense of justice. As a legal action the government, in this case, is the education unit or school management, it must still be held accountable if it results in injustice. This injustice can be in the form of an act of abuse of authority, confusing authority or acting arbitrarily, which is included in the criteria of maladministration. The research method used in this article is normative and qualitative data management. The suggestion that can be conveyed is that the government must optimize the applicable laws and provide even stricter sanctions for justice for society.]]>
<![CDATA[Harmonizing the Authority of Fishery Resources Management in the Era of Regional Autonomy Based on Pancasila ]]>
<![CDATA[Mashuril Anwar]]>;
<![CDATA[Maya Shafira]]>;
<![CDATA[Sunarto Sunarto]]>
<![CDATA[ Pancasila and Law Review Vol 1 No 1 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v1i1.1984
<![CDATA[The configuration of fisheries policy before regional autonomy shows the hegemony of the country which adheres to the legal doctrines of collective ownership, centralism, and anti-pluralism. Since the era of regional autonomy, the provincial and district / city governments have had more coherent authority in managing their regional potential, including fishery resources. With the shift in authority in managing fishery resources, it is hoped that the regions can play a role in optimizing the utilization of fisheries potential. But on the other hand, optimal management of fishery resources is difficult to achieve without harmonious policies. Therefore, to prevent conflicts of interest in the fisheries sector, Pancasila values need to be revived in fisheries resource management policies. The problems studied in this study are the authority of local governments in managing fishery resources in the era of regional autonomy, problems of harmonizing local government authority in managing fisheries resources, and harmonizing local government authority in managing fisheries resources based on Pancasila values. By using a normative juridical approach, the results of the research show that the authority of the regional government in managing fishery resources in the era of regional autonomy includes authority in the capture fisheries sector, authority in the field of cultivation, authority in the field of supervision of marine and fishery resources, and authority in the field of processing and processing. fishery marketing. However, so far there have been various disharmony problems with local government authorities in managing fishery resources. In addition, although regional autonomy is believed to have various advantages in optimizing the potential of natural resources, the management of fishery resources carried out in the era of regional autonomy has not fully animated the values of Pancasila as the philosophy of the Indonesian nation.]]>
<![CDATA[Restitution of Children Victims f Sexual Crime ]]>
<![CDATA[Ratna Pertiwi]]>
<![CDATA[ Pancasila and Law Review Vol 1 No 1 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v1i1.2039
<![CDATA[Indonesia as a constitutional state and has a state foundation, namely Pancasila, which is the basis for various countries in determining policies for the state. Protection of children as the nation's next generation should be improved considering that in the current era there are more and more cases of violence, sexual harassment, and other crimes that make children the object of violence itself. One form of prevention is by issuing policies in the form of laws and regulations that provide strict sanctions against the perpetrators. This study uses a Normative and Empirical Juridical approach. The normative approach is carried out on matters that are theoretical in legal principles, while the empirical approach is an attempt to obtain clarity and understanding of research problems based on existing realities or case studies. The results of the research obtained related to the implementation of the restitution rights of children victims of sexual crimes must go through 3 stages, namely the first, the formulation stages have been carried out properly with the passing of PP No.43 of 2017. The second stage of application has not been carried out optimally because many law enforcement officers do not understand Regarding the implementation of restitution and the limitation on the economic capacity of the perpetrator to pay restitution, it is also an obstacle in its execution. The three stages of execution are maximal because the execution by the prosecutor has been carried out after the decision has permanent legal force (incracht). The implication can be seen from the victim's point of view that their rights are fulfilled from the existence of this policy. The suggestions that can be conveyed in this research are that the restitution execution process should be regulated as well as the execution of replacement money in a Corruption Crime Case. So if the perpetrator who is determined to pay restitution does not want to voluntarily pay the restitution, the prosecutor's office can find assets owned by the perpetrator to be confiscated instead.]]>
<![CDATA[Decision of Judges on Proof of Narcotics Rised for the State ]]>
<![CDATA[Andy Pranomo]]>
<![CDATA[ Pancasila and Law Review Vol 1 No 1 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v1i1.2053
<![CDATA[Pancasila as the source of state law, the placement of Pancasila as the source of all sources of state law is in accordance with the Preamble of the 1945 Constitution of the fourth paragraph, namely Almighty Godliness, Just and Civilized Humanity, Indonesian Unity, Democracy Led by Wisdom in Consultation and / Representative, and Justice for All Indonesian People. The position of Pancasila is the basis and ideology of the state as well as the philosophical basis of the state so that any material contained in the laws and regulations must not conflict with the values of Pancasila. Pancasila can be applied in everyday life, in this case the values of Pancasila can be seen in the role of the prosecutor in the execution of narcotics crimes at the Metro District Attorney's Office, which is more dominant as a factual role, because it is based on the fact that the prosecutor who carried out narcotics evidence was confiscated for state, law enforcement by judges on evidence of narcotics in the Metro District Court Decision. In his consideration that the evidence presented by the public prosecutor before the court and confirmed by the defendant is a tool or object used in the crime. Narcotics, which refers to Article 101 paragraph (1) of Law Number 35 of 2009 concerning Narcotics, explains “Narcotics, Narcotics Precursors and tools or goods used in Narcotics and Narcotics Precursors or related to narcotics and Narcotics precursors. The role of the prosecutor in executing booty from narcotics crime at the Metro District Attorney is more dominant as a factual role, because it is based on facts, namely the prosecutor executed based on the Metro District Court Decision Number: 132/Pid.Sus/2015/PN.Met. Then the factors inhibiting the prosecutor in executing booty from the crime of narcotics at the Metro District Attorney are: Obstacles in executing narcotics evidence confiscated for the State, namely juridical and nonyuridical obstacles. The purpose of this research is to understand how the judge's verdict on narcotics evidence is confiscated for the state. The research method used is the Normative and Empirical methods.]]>
<![CDATA[Pancasila Value in Natural Disaster Management Based on Disaster Management ]]>
<![CDATA[Erlinawati Erlinawati]]>
<![CDATA[ Pancasila and Law Review Vol 1 No 1 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v1i1.2062
<![CDATA[The implementation of natural disaster management cannot be separated from Pancasila and the 1945 Constitution which underlies it. The values of Pancasila are explored and found from the values that have grown and lived in society, namely the values of divinity, humanity, unity, society and justice. In society these values remain valid and constitute a unified whole, inseparable and referring to one goal. This study aims to determine whether the values of Pancasila contained in Law Number 24 of 2007 concerning Disaster Management, and how the implementation of the values of Pancasila in natural Disaster Management. The research method used is empirical normative legal research with statute approach, this paper is descriptive, using primary data and secondary data are qualitative. The results of data analysis are discussed using the statute approach and conceptual approach. The result of the research is that Law Number 24 Year 2007 contains the values of Pancasila, namely the values of divinity, humanity, unity, society and justice. The values of humanity, society and justice, besides being explicitly mentioned in several articles, are also implicit in the articles. The value of God and unity is implied in several articles. The implementation of Pancasila values in natural disaster management in South Lampung Regency is manifested in the activities of disaster management, starting from pre-disaster, during emergency response and post-disaster.]]>
<![CDATA[Criminal Law Enforcement Against Violation of Minimum Age of Marriage ]]>
<![CDATA[Achmad Yustian Jaya Sesunan]]>
<![CDATA[ Pancasila and Law Review Vol 1 No 1 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v1i1.2063
<![CDATA[Pancasila as the ideology of the nation which contains values as a philosophy for the life of the nation and state where human values as a form of awareness of human attitudes and actions based on the potential of human conscience in relation to norms and culture in general, it can generally be said that humans free to do whatever he wants, one of which is to do marriage. However, marriage in early childhood has caused several factors including, losing the rights that he should have gotten since childhood. There are a lot of reports about child marriage in Indonesia and conflicting rules between the two Laws (Law), namely Law No. 23 of 2002 concerning Child Protection and Law No. 1 of 1974 concerning Marriage, this is the reason the author examines child marriage from two corners of the Act. In general, law enforcement of violations of the minimum marriage age from the formulation stage has been problematic where the Child Protection Act does not include the Marriage Law in the consideration given, the application stage how it can run optimally if the formulation stage is already problematic, as well as the execution stage how it can provide benefits if there are multiple interpretations. In the enforcement and implementation of child marriage rules even though the Child Protection Act cannot be obstructed even though it has been married according to the Marriage Law. The most fundamental obstacle to law enforcement lies in the inadequacy or incompleteness of the laws and regulations, so that there are many so-called "multiple interpretations" and finally there are doubts in law enforcement. Conditions like this will eventually eventually bring up what is known as "retroactive law" which is certainly full of speculation, and this is very dangerous for the rule of law. The Marriage Law and the Child Protection Act must be revised and the two Laws equalize the rules, especially regarding child marriage rules. This revision needs to be done so as not to confuse and provide legal certainty related to child marriage. It is necessary to include the Marriage Law in the "Remembering" consideration in the Child Protection Act. Both laws must include rules regarding child marriage regulated in the Child Protection Act article so that these two laws harmonize with each other so that they do not cause multiple interpretations. The study was conducted with a type of normative juridical approach and empirical juridical conducted by examining the theories, concepts and legislation related to this research also by looking at the facts and interviews with respondents to gather opinions about law enforcement and factors obstruction of law enforcement violations of the minimum age of marriage.]]>
<![CDATA[Legal Considerations of Judges in Imposing Coaching Sanctions Against Children of Thieves with Objection ]]>
<![CDATA[Vita Hestiningrum]]>;
<![CDATA[Erna Dewi]]>;
<![CDATA[Ahmad Irzal Fardiansyah]]>
<![CDATA[ Pancasila and Law Review Vol 1 No 1 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v1i1.2064
<![CDATA[Criminal acts committed by children should be placed in LPKA as referred to in the law on juvenile justice, however the judge in this decision prefers to place the child in the development of a boarding school, of course in this case the judge has his own considerations. This paper will examine the basic legal considerations of judges in imposing criminal guidance on children who are criminal offenders of theft with weighting, the suitability of decision Number: 8/Pid.Sus-Anak/2016/PN.Kot with the demands of the Public Prosecutor, and the mechanism for implementing the verdict. Number: 8/Pid.Sus-Anak/2016/PN.Kot. The research method used in this research uses a normative approach, namely normative research which is carried out by examining the laws and basic theories. As for the results of the research, it was found that the basis for judges' legal considerations in making decisions against children, that in the trial the judge saw the two children who committed the crime not because of the crime factor but because the dominant factor of juvenile delinquency and also the two children could still be mentally corrected by giving opportunity for both children will certainly provide protection for their rights. The judge's decision was not in accordance with the prosecutor's demands where there were differences, namely: first, the judge did not agree with the method of imposing penalties that put children in LPKA; second, the judge's freedom to impose sanctions is also a factor in the incompatibility between the prosecutor's demands and the judge's decision; third, the impact of the harm caused by the two children was not too big. The mechanism for implementing the Decision Number:8/Pid.Sus-Anak/2016/Pn.Kot where the judge handed down the punishment of coaching in the institution to the two defendants in the form of an obligation to participate in a coaching program at the Islamic Boarding School, so that the guidance method followed the guidance method in the pesantren. Based on the results of the research conducted, it is recommended that the Public Prosecutor pay more attention to aspects of benefit in imposing criminal sanctions on children. In addition, the judge's future considerations should reflect justice and progressive steps.]]>
<![CDATA[Diversion Against Crime by Children Confronting the Law to Achieve Restorative Justice ]]>
<![CDATA[Zulita Anatasia]]>
<![CDATA[ Pancasila and Law Review Vol 1 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v1i2.2120
<![CDATA[The purpose of this writing is to try to find out the existence of law enforcement regarding diversion in the handling of cases committed by children in the Juvenile Justice System Law and to see the effectiveness of implementing the diversion policy in handling cases of criminal acts committed by children. The research was carried out in a normative juridical manner, with a statute approach and a conceptual approach using descriptive qualitative analysis. The results of this paper show that law enforcement regarding cases involving children with a diversion policy is rigidly regulated in Law, namely Law Number 11 of 2012 concerning the Juvenile Justice System, as well as related regulations such as Law Number 23 of 2002 concerning Child Protection, and Law -Law Number 13 of 2006 concerning Protection of Witnesses and Victims. In addition to law regulations there are implementing regulations such as Government Regulation Number 65 of 2015 concerning Guidelines for the Implementation of Diversion and Handling of Children Not Aged 12 (Twelve) Years Old and Supreme Court Regulation Number 4 of 2014 concerning Guidelines for Implementing Diversion in the Juvenile Criminal Justice System. In addition, the effectiveness of law enforcement does not run effectively in practice, this shows that the diversion policy to realize restorative justice is not being implemented properly, the linkages between external and internal components are not evenly distributed, both law enforcers and the roles of stakeholders, this has an impact The diversion policy and the goal of realizing restorative justice which has not been effectively implemented are influenced by several factors such as limited Human Resources (HR) who have not supported the implementation of the SPPA Law and training for legal structures.]]>
<![CDATA[Legal Liability Towards The Abuse Of Doctor's Authority In Performing Visum Et Repertum ]]>
<![CDATA[Fauzul Romansah]]>;
<![CDATA[Rifka Yudhi]]>;
<![CDATA[Yusanuli]]>
<![CDATA[ Pancasila and Law Review Vol 1 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v1i2.2126
<![CDATA[Visum et Repertum (VeR) is in the form of a written statement made by doctors who have to take an oath of office, based on things seen and discovered upon examination of the dead or wounded allegedly caused by a criminal act. KUHAP does not mention the term visum et repertum, but KUHAP is one of the legal bases in making VeR. VeR is not only needed in criminal case examination but also civil cases in some instances. The exact cause of a person's death can be related to events in criminal law as well as civil law as in the claim insurance or determination of heirs related to the distribution of inheritance rights. Given the urgency of VeR as one of the evidence used before court proceedings, in making VeR, there is a potential for abuse of power by doctors by making VeR not based on actual examination results. Such abuse of authority by doctors has violated the moral and ethical aspects which override the values of truth and justice. Therefore, the problems in this article focus on what is the authority of doctors in administering Visum et Repertum and what is the legal responsibility for the abuse of doctor's authority in making Visum et Repertum. The results of the discussion indicated that: doctors have the authority to, among others: accept victims sent by investigators; request a letter requesting a statement of VeR; a specialist can only carry out medical examination of the victim; signing of the VeR statement following the applicable laws and regulations, and delivery of completed evidence may only be submitted to the investigator accompanied by an official report. Making VeR unlawfully is not clearly explained in the Criminal Procedure Code. However, the use of VeR against the law occurs when VeR becomes an instrument of action against the law as formulated in the norms of every criminal act. Therefore, it is a form of legal responsibility for doctors who abuse their authority regarding VeR can be pursued through 4 (four) types of sanctions, including administrative sanctions, civil sanctions, criminal sanctions, and medical discipline sanctions. ]]>
<![CDATA[Law Enforcement Efforts against the Crime of Body Shaming Through Mediation ]]>
<![CDATA[Elsa Intan Pratiwi]]>
<![CDATA[ Pancasila and Law Review Vol 1 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v1i2.2127
<![CDATA[This study aims to analyze the forms of action that are categorized as body shaming crimes and criminal law enforcement against body shaming crimes on social media. This study uses a normative juridical approach. The data used is in the form of secondary data consisting of primary and secondary legal materials. The data collection method uses literature study and descriptive qualitative analysis. The results of this study indicate that, the forms of action that are categorized as body shaming crimes, namely: the words uttered contain elements of physical insult and have humiliated and lowered one's self-esteem because they can be seen/witnessed by many people, making them feel sad and depressed. Perpetrators of body shaming can be charged under Article 315 of the Criminal Code, with a maximum imprisonment of four months and two weeks or a maximum fine of four thousand and five hundred rupiahs. And if it is done on social media, the perpetrator can be charged under Article 27 paragraph (3) jo. Article 45 paragraph (3) of the ITE Law with a maximum imprisonment of four years and/or a maximum fine of seven hundred and fifty million rupiah. The police also offer a settlement process in a non-litigation context, namely by maximizing penal mediation to reduce the build up of cases in court.]]>
