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Pancasila and Law Review
Published by Universitas Lampung
ISSN : 2723262X     EISSN : 27459306     DOI : https://doi.org/10.25041/plr
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
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
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Search results for , issue "Vol 1 No 1 (2020)" : 6 Documents clear
Harmonizing the Authority of Fishery Resources Management in the Era of Regional Autonomy Based on Pancasila Mashuril Anwar; Maya Shafira; Sunarto Sunarto
Pancasila and Law Review Vol 1 No 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (649.762 KB) | DOI: 10.25041/plr.v1i1.1984

Abstract

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.
Restitution of Children Victims f Sexual Crime Ratna Pertiwi
Pancasila and Law Review Vol 1 No 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (707.088 KB) | DOI: 10.25041/plr.v1i1.2039

Abstract

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.
Decision of Judges on Proof of Narcotics Rised for the State Andy Pranomo
Pancasila and Law Review Vol 1 No 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (644.329 KB) | DOI: 10.25041/plr.v1i1.2053

Abstract

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.
Pancasila Value in Natural Disaster Management Based on Disaster Management Erlinawati Erlinawati
Pancasila and Law Review Vol 1 No 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (791.131 KB) | DOI: 10.25041/plr.v1i1.2062

Abstract

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.
Criminal Law Enforcement Against Violation of Minimum Age of Marriage Achmad Yustian Jaya Sesunan
Pancasila and Law Review Vol 1 No 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (686.577 KB) | DOI: 10.25041/plr.v1i1.2063

Abstract

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.
Legal Considerations of Judges in Imposing Coaching Sanctions Against Children of Thieves with Objection Vita Hestiningrum; Erna Dewi; Ahmad Irzal Fardiansyah
Pancasila and Law Review Vol 1 No 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (636.335 KB) | DOI: 10.25041/plr.v1i1.2064

Abstract

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.

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