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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
 1 
Search results for , issue "Vol 3 No 1 (2022)" : 6 Documents clear
Problematics Intellectual Property Rights of Music Industrialization Indonesia After The Easy Trying of Creating Work Muhammad Habibi
Pancasila and Law Review Vol 3 No 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v3i1.2353

Abstract

Since the Government of Indonesia through President Joko Widodo ratified regulations regarding job creation (ciptaker) in 2020 which is expected to boost the Indonesian economy. However, instead of being supported, this regulation was opposed because it was projected that it would harm some people, especially in terms of Intellectual Property Rights (HaKI). Although basically the Copyright Act itself has reached the protection of intellectual property rights, but not in full. This creates a phenomenon that occurs in the music industry today which is experiencing many problems, including various copyright infringements committed by cover singers through the Youtube application. This research is a normative research using a statutory and conceptual approach. The results of this study show that the Government Regulations that were formed in relation to the ease of doing business have not been able to ensnare business actors on Youtube who plagiarize songs created through national music industry companies. The government should revise Government Regulation Number 56 of 2021 concerning Song and Music Royalties in Indonesia to ensure legal protection for songwriters in Indonesia from piracy of the works of cover singers through the Youtube application.
Indonesian Integral Law Based on Pancasila Yogi Prasetyo
Pancasila and Law Review Vol 3 No 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v3i1.2443

Abstract

This study aims to explain the integral legal thinking which is constructed based on the values of Pancasila. In this study using a literature study research method with a philosophical approach. The data in the research such as; books, journals, articles and various scientific works are collected through library research. The data analysis technique used descriptive, hermeneutic and heuristic analysis. The results of the research show that it is important to make Pancasila an integral legal thinking in Indonesia, because of the strategic position of Pancasila in the life of the nation and legal issues that urgently need reform in accordance with the norms that live and develop in society as reflected in the values of Pancasila. Good law is law that is excavated from authentic sources, namely laws that apply in the real life of everyday people, not foreign laws that are imposed as a result of the colonial legacy. The integral legal thinking of Pancasila is a way of thinking, acting and acting legally based on the values of divinity, humanity, Indonesian unity, deliberation and social justice for all Indonesian people.
Imposition of Tax Law on Cryptocurrencies and NFT in Indonesia Anggia Debora Sitompul
Pancasila and Law Review Vol 3 No 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v3i1.2555

Abstract

This research aims to look at the potential of government revenue through taxes on digital currencies or better known as cryptocurrencies and against digital assets called NFT. With normative research methods to analyze how cryptocurrencies and digital assets (NFT) should be taxed at low or high tax rates. In addition to understanding cryptocurrency taxation policies as well as NFT, the study also looked at the taxation policies of various countries on cryptocurrencies and digital assets. Each country has different guidelines and considerations for the legal status and policies of the regulation of cryptocurrencies and NFT. There is no consensus between countries about this.
The Countermeasures Efforts of Illegal Transshipment Impact as a Transnational Crime Husni Mubaroq; Muhammad Haidir Syah Putra
Pancasila and Law Review Vol 3 No 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v3i1.2568

Abstract

The impacts and disadvantages of transhipment which even threatens sustainable development shows that transhipment can be identified as a transnational crime. On the one side, there is a need for legal countermeasures for the transshipment crimes in Indonesia so it does not occur again. But on the other side, transshipment actually becomes a necessity because fish landing mostly take time so that the fish are not fresh. In addition, the transshipment countermeasures also has some obstacles because there is no agency or institution with a special task of supervising and taking action against waters crimes in Indonesian in full authority to tackle transhipment. The problem that will be discussed in this article is how is transhipment related to transnational crime? And what is the countermeasures framework for dealing transhipment related to transnational crime? The research results showed that transshipment has been regulated in international law and national law. However, transhipment can be classified as a transnational crime because it fulfills the elements of a transnational crime and it is related to other transnational crimes. So there is a recommendation for a countermeasures framework of transhipment crime as a transnational crime, namely by establishing cooperation between the central and regional governments in the field of marine and fisheries. Then other recommendations related to handling fisheries crime cases such as transhipment can be carried out through a restorative justice mechanism that charges criminals to compensate for losses and recover fish resources due to their crimes.
Cyber Sovereignty Gotong Royong, Indonesia’a Way of Dealing with the Challenges of Global Cyber Sovereignty Nur Ro'is
Pancasila and Law Review Vol 3 No 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v3i1.2573

Abstract

State sovereignty is born together with the independence of a country, as well as sovereignty in cyberspace. The state has sovereignty in cyberspace as in its territorial space so that it has jurisdictional authority, but in reality, there are unclear territorial boundaries in cyberspace. Indonesia today still has a dependence on foreign cyberinfrastructure, which causes a high level of cyber vulnerability and low cyber sovereignty resilience. Indonesia has local wisdom known as "Gotong Royong," this conception of local wisdom can be applied to face the global challenges of cyber sovereignty. This study also compares the resilience of Indonesia's cyber sovereignty with the People's Republic of China using a normative legal research methodology with a comparative law approach. Indonesia's limitations in maintaining its cyber sovereignty can be anticipated by using the concept of Gotong Royong cyber sovereignty, which is the implementation of the Universal People's Defense System as regulated in Law Number 3 of 2002 concerning National Defense. The implementation of Cyber Gotong Royong sovereignty involves all citizens, regions, and other national resources.
Sexual Harassment of Female Employees in The Workplace: Imperative For Stringent Legal And Policy Frameworks In Nigeria Enobong Mbang Akpambang
Pancasila and Law Review Vol 3 No 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v3i1.2754

Abstract

The central objective of the article was to investigate the challenges posed by work-associated sexual intimidation of female workers and whether there were binding legislative and policy frameworks to address the problem in Nigeria. To achieve the aim, the study adopted both doctrinal and comparative approaches by evaluating some available literature in the area and comparing Nigeria’s position with some selected foreign jurisdictions with legislative provisions barring harassment. The article also adopted some theoretical models to explain the possible reasons for sexual harassment. It was discovered that the menace of sexual harassment at workplace has received a robust attention domestically and globally from researchers and organizations with available data showing that the despicable practice occur both in public and private establishments and that it has considerable negative effects on employers as well as on the health and psychological welfare of employees. The work revealed that unlike some other countries, Nigeria lacked precise anti-sexual harassment legislation and that the extant national legislative frameworks on sexual-related offences are inadequate to effectively curb the problem. Thus, the article recommended that there is need for stringent legal and policy frameworks to be put in place in Nigeria in order to tackle the hydra-headed problem of job-related sexual harassment as are obtainable in the three foreign jurisdictions examined in the paper.

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