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Contact Name
Muhammad Akib
Contact Email
jurnalpdih@fh.unila.ac.id
Phone
+628127902728
Journal Mail Official
jurnalpdih@fh.unila.ac.idd
Editorial Address
B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia
Location
Kota bandar lampung,
Lampung
INDONESIA
Pancasila and Law Review
Published by Universitas Lampung
ISSN : 2723262X     EISSN : 27459306     DOI : https://doi.org/10.25041/plr
Core Subject : Humanities, Social,
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 6 Documents
Search results for , issue "Vol 2 No 1 (2021)" : 6 Documents clear
Correctional Institution’s Construction In The Death-Convicted Supervision Azzahra Rizki Ananda
Pancasila and Law Review Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.847 KB) | DOI: 10.25041/plr.v2i1.2212

Abstract

The death row inmate becomes one of the members of the Correctional Institution or Lembaga Pemasyarakatan (Lapas) when the convict is waiting for the execution time or if the convict is still making a legal effort. This raises problems from the aspect of the rules, which form the basis of prisons' authority in the guidance of death row inmates because the provisions on the development of capital punishment do not have specific regulations. The problem in this research is the urgency of guiding death convicts in prison; how it is implemented, and is there any difference in the guidance for death row inmates in prison; construction or ideal model of guidance for death row inmates in prison; as a result of the law, guidance on death row inmates is carried out in Lapas. This study uses a normative and empirical juridical approach with data collection methods using literature and field studies. The study results show that the prison's guidance is essential considering that the person concerned will be executed, so assistance and supervision are needed to prevent unwanted things, for example, committing a crime, suicide, or experiencing depression. Death row convicts follow other prisoners' proper guidance, provide useful activities to death convicts, and provide the death convicts with the rights. The superior construction for the development of capital punishment is contained in the Criminal Code Draft or Rancangan Kitab Undang-Undang Hukum Pidana (RKUHP), which makes capital punishment an alternative punishment, provides a probation period of 10 years for the death row inmates, the superior construction of both the place and the material for its guidance must be distinguished from those sentenced to other types of crimes. As a result of the law, there is no certainty of guidance for death row inmates in prison because there are no specific regulations regarding death penalty services.
Street Legal Clinic: Development of Legal Learning Methods Based On Clinical Education in Law Education Institutions Kadek Agus Sudiarawan; Putu Ade Harriestha Martana; Cok Istri Diah Widyantari Pradnya Dewi; I Kadek Wira Dwipayana; Luh Putu Budiarti
Pancasila and Law Review Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (371.065 KB) | DOI: 10.25041/plr.v2i1.2220

Abstract

Clinical Legal Education is an interesting subject to be developed at the Faculty of Legal, Universitas Udayana. Unlike other subjects, clinical legal education participants get an education in the classroom and go directly to the field (community) to increase students' knowledge and practical abilities in solving problems in society. The purpose of writing this journal is to find out how the form of clinical education-based learning, especially in the form of Street Legal Clinic at the Faculty of Law, Universitas Udayana, and to find a model for developing learning methods based on clinical legal education in the form of street legal clinic that can answer legal problems that develop in society. More optimally, the author uses normative legal research methods with the statutory approach and conceptual approach. The results showed that the form of the clinical legal education which is implemented at the Faculty of Law of Universitas Udayana consisted of three stages of the process, namely the planning component, the experiential component, and the reflection component with the learning models that had been used so far, namely In House Clinic, Out House Clinic, Combination and Street Legal Clinic. The development model suggested in implementing the Street Legal Clinic is to be more optimal in answering problems in the community, namely by accommodating several stages in its implementation, namely the pre-implementation, implementation, and evaluation stages into a single unit that is packaged creatively and comprehensively in collaboration with Clinical Partners.
Regional Autonomy as a Form of Constitutional Reform In Aspirational Governance Yogi Prasetyo
Pancasila and Law Review Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (364.661 KB) | DOI: 10.25041/plr.v2i1.2248

Abstract

This paper is a study of research results that aims to explain the birth of local autonomy from the results of constitutional reform as a form of governance following the community's aspirations. In the past, the problem of the centralized government system did not provide opportunities for regions to regulate and manage their regional government. It was considered undemocratic and did not bring progress to the people in the regions. Therefore, significant changes to the government system in the most aspirational areas through local autonomy are needed. This study, using a normative juridical research method with a philosophical approach. The research results obtained an understanding of the existence of local autonomy as a form of constitutional reform, which is the aspiration of the will of the people in the regions. With the constitutional reform, the system has changed to become decentralized. It has a closer relationship with the people in the regions and can understand the needs of the lower classes. The constitution, with its amendments, can create a democratic system of government and ensure public participation in the life of the state.
Legal Protection of Street Children Post-Natural Disaster in Palu Based On The Family Empowerment Model Kartini Malarangan
Pancasila and Law Review Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (633.827 KB) | DOI: 10.25041/plr.v2i1.2290

Abstract

Street children have a negative impact on the stigma of child growth. Street children depend their lives on the streets because of economic, social or even family conditions that do not support their development. After the natural disaster, 28 September 2018 was the point where areas were affected, especially in the areas of Palu, Sigi and Donggala (Pasigala). The phenomenon that occurs when a disaster occurs, robs them of their finances, such as their homes and their livelihoods. The increasing number of street children will certainly affect the number of crimes committed considering the harshness of street life and the bad friendship environment can make a child who has never been faced with the law becomes a child who is dealing with the law. So in this case it is necessary to protect the law for street children. So that the main problem in this research is what are the factors that dominate a child being a street child in the Post-Natural Disaster Post Wolf Area, and how is the Model for Handling Street Children Post-Natural Disasters through an Innovation System Based on Family Empowerment. The results of this study indicate that legal protection for street children after natural disasters qualifies with the adoption of the family empowerment model by presenting the Tina Nu Ngata model. 
Penyalahguna Narkotika di Indonesia: Apakah Mereka Korban atau Pelaku? Mahfud Mahfud; Faisal A. Rani; Rizanizarli Rizanizarli
Pancasila and Law Review Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (380.837 KB) | DOI: 10.25041/plr.v2i1.2306

Abstract

It is unprecedented that the Act Number 35, 2009 on Narcotics has incorporated the term of victims towards illegal users of narcotics which cannot be convicted for the crime and provided them with treatment at special rehabilitation center as worded in Article 103 (1) (b) of the Act. However, Article 103 (1) (a) of the Act also provides the possibility for those using narcotics illegally to be convicted. It causes law enforces might find it difficult to differentiate between victims and criminals concerning this violation. This research aims to discuss the definition of illegal narcotic users under the Narcotic Act 2009 and the criteria used by law enforcers in distinguishing between victims and criminals. This is a juridical normative research by using the method encompassing document analysis of the Narcotic Act 2009 and other relevant laws will be adopted in discussing the issue. This research reveals that the Act recognises the users of illegal narcotics as fully victims if they use narcotics with a certain amount for themselves only and considers the illegal narcotics users as criminals if they provide the substances for other people. The Act has governed illegal using of the substances in Articles 1 points (13), (15), 7, 111, 112, and 114. Surprisingly, the Act provided both fully victims and victims of being found guilty first treatment in the rehabilitation centre for certain period.
Constitutional Complaint di Mahkamah Konstitusi Republik Indonesia Agsel Awanisa; Yusdianto Yusdianto; Siti Khoiriah
Pancasila and Law Review Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (432.217 KB) | DOI: 10.25041/plr.v2i1.2308

Abstract

The purpose of this research is to determine the constitutional complaint mechanism based on comparisons in other countries, practices, and adaptation of constitutional complaints under the authority of the Constitutional Court of the Republic of Indonesia. Many cases with constitutional complaint substance have been submitted to the Constitutional Court of the Republic of Indonesia even though they don’t have this authority. This research uses a normative legal research method using a statutory approach, a conceptual approach, a comparative approach, and a case approach. This research indicates that the constitutional complaint mechanism in Germany, South Korea, and South Africa has been well implemented. In practice, cases with constitutional complaint substance are filed to the Constitutional Court of the Republic of Indonesia by changing the form by using the legal means of a judicial review, such as case number 16/PUU-VI/ 2008, case number 140/PUU-XIII/2015 and case number 102/PUU-VII/2009. Due to the consideration of the structure, substance, and culture of law, adaptation of constitutional complaint within the authority of the Constitutional Court of the Republic of Indonesia needs to be carried out by amending Law Number 24 of 2003 jo. Law Number 7 of 2020 concerning the Constitutional Court.

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