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[Standard Patterns of Considerations in Law, District Regulation and Qanun Based on Legal Rules in Indonesia ]]>
<![CDATA[Husna Sartika]]>;
<![CDATA[Eddy Purnama]]>;
<![CDATA[Ilyas Ismail]]>
<![CDATA[ Pancasila and Law Review Vol 2 No 2 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (696.214 KB)
|
DOI: 10.25041/plr.v2i2.2446
<![CDATA[The consequence of the state of the law is legislation to be an essential instrument in regulating public life. However, in some parts of Indonesia, they can make their regional regulation slightly different from the constitution, wherein this article will focus on Qanun in Aceh Province. The research used in this paper is normative law research. This research used sequential data or library data. Secondary data consists of primary law materials, secondary law materials, and tertiary law materials. The approach method used is the legislative approach and the conceptual approach. The formulation of the problem in this paper is how the standard pattern of consideration in the Law, Regional Regulations, and Qanun is based on legislation. The results show that in the Law in Consideration, Consider using the word "membentuk" or "form" because the law-making institution consists of legislative institutions and executive institutions. Regional regulation considers using the word "menetapkan" or "establish" because the institution that makes local regulations is a local government consisting of elements of local governments and local people's representative councils. This consideration follows Annex II of Law Number 12 of 2011 on the Establishment of Legislation as amended by Law Number 15 of 2019. However, the Qanun used the word "membentuk" or "form" due following Article 233 paragraph (1) of Law Number 11 the Year 2006 on Aceh Governance and Annex II of Aceh Qanun Number 5 of 2011 on the Procedures for the Establishment of Qanun.]]>
<![CDATA[Ultimum Remedium in Law Enforcement of Large-Scale Social Restrictions in Indonesia during the Covid-19 Pandemic ]]>
<![CDATA[Imam Pratama Rifky]]>
<![CDATA[ Pancasila and Law Review Vol 2 No 2 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (717.047 KB)
|
DOI: 10.25041/plr.v2i2.2447
<![CDATA[The new variant of corona virus from Wuhan is indeed very infectious. The Covid-19 has shocked the world because it is so deadly and takes many lives. So this has a significant impact on each country. Indonesia, to tackle the spread of this virus, has also implemented several ways, namely by encouraging people to live clean and healthy lives, implementing the 5M (Wearing masks, Washing hands, Keeping a distance, Staying away from crowds, Limiting mobilisation and interaction) and imposing restrictions. The government's efforts are solely for the common good. However, it is undeniable the large-scale social restrictions or Pembatasan Sosial Berskala Besar (PSBB) implementation also has an unfavourable impact on the community because their movement is restricted. This indirectly also harms the people's economic movement. So there are still some people who violate this PSBB rule. This study was conducted to determine whether the ultimum remedium is applied in law enforcement for PSBB violations. The research will use qualitative research by collecting data and news analyzation. The study results show that the government applies criminal sanctions and fines as an alternative to deter people.]]>
<![CDATA[Population and Civil Registration Service of Bandar Lampung City’s Digital Bureaucratic System in Realizing an Effective and Efficient Government ]]>
<![CDATA[Sondika Ragani]]>;
<![CDATA[Adrian E. Rompis]]>;
<![CDATA[Santi Hapsari Dewi Adikancana]]>
<![CDATA[ Pancasila and Law Review Vol 2 No 2 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (704.783 KB)
|
DOI: 10.25041/plr.v2i2.2448
<![CDATA[Nowadays, technological developments cannot be avoided. Technological developments in this era are to facilitate every human activity. The development of technology today is marked by the number of applications that can facilitate the community's affairs. An example is the application of the Community Online Service from the Population and Civil Registry Office of Bandar Lampung City called Pelayanan Online Masyarakat Duduk Manis (Permen Manis). This application is expected to help community services to help manage population documents and realize an effective and efficient government. The problem identified is the application of digital bureaucracy in the Population and Civil Registration Office, or Dinas Kependudukan dan Pencatatan Sipil (Disdukcapil) of Bandar Lampung City realizes an effective and efficient government? The research uses normative legal research by collecting and analyzing secondary data. by looking to the public's comments, especially on Permen Manis application users in Bandar Lampung’s Civil Registry Office. By this article the researcher hope the government in Bandar Lampung could improve the services towards the people in Bandar Lampung.]]>
<![CDATA[Pancasila as The Basis of The State Unity of The Republic of Indonesia ]]>
<![CDATA[Palmawati Taher]]>
<![CDATA[ Pancasila and Law Review Vol 2 No 2 (2021) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (660.933 KB)
|
DOI: 10.25041/plr.v2i2.2449
<![CDATA[Indonesia is facing various challenges because some people do not use religious and cultural values as a source of ethics in the nation and state. Socio-cultural conflicts have occurred due to ethnic, cultural, and religious pluralism that the government and society are not appropriately managed and fair. Based on that, Pancasila is needed by all generations of the nation. The type of research method used in this research is normative research, namely research on library materials which are primary data in science is classified as secondary data, which relies on data collection tools in the form of library studies or document studies. The research concludes that generations need Pancasila to unify the nation. Even though the Indonesian people are now united, it does not mean that Pancasila is no longer needed. Because what is called the Indonesian nation is what is currently there and what will exist in the future. As long as the regeneration process continues, we still need Pancasila as a unifying nation.]]>
<![CDATA[Problematics Intellectual Property Rights of Music Industrialization Indonesia After The Easy Trying of Creating Work ]]>
<![CDATA[Muhammad Habibi]]>
<![CDATA[ Pancasila and Law Review Vol 3 No 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25041/plr.v3i1.2353
<![CDATA[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.]]>
<![CDATA[Indonesian Integral Law Based on Pancasila ]]>
<![CDATA[Yogi Prasetyo]]>
<![CDATA[ Pancasila and Law Review Vol 3 No 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25041/plr.v3i1.2443
<![CDATA[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.]]>
<![CDATA[Imposition of Tax Law on Cryptocurrencies and NFT in Indonesia ]]>
<![CDATA[Anggia Debora Sitompul]]>
<![CDATA[ Pancasila and Law Review Vol 3 No 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25041/plr.v3i1.2555
<![CDATA[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.]]>
<![CDATA[The Countermeasures Efforts of Illegal Transshipment Impact as a Transnational Crime ]]>
<![CDATA[Husni Mubaroq]]>;
<![CDATA[Muhammad Haidir Syah Putra]]>
<![CDATA[ Pancasila and Law Review Vol 3 No 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25041/plr.v3i1.2568
<![CDATA[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.]]>
<![CDATA[Cyber Sovereignty Gotong Royong, Indonesia’a Way of Dealing with the Challenges of Global Cyber Sovereignty ]]>
<![CDATA[Nur Ro'is]]>
<![CDATA[ Pancasila and Law Review Vol 3 No 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25041/plr.v3i1.2573
<![CDATA[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.]]>
<![CDATA[Pancasila Law State As An Instrument Of Indonesian Legal Politics: Efforts To Achieve A Just Indonesian Legal State ]]>
<![CDATA[David Aprizon Putra]]>;
<![CDATA[Nadia Veronica]]>
<![CDATA[ Pancasila and Law Review Vol 3 No 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25041/plr.v3i2.2677
<![CDATA[The law is actually present for humans, and not the other way around. This means that the law must be able to meet the human needs that are purposeful and boil down to the end of the whole substantive justice. Pancasila has accommodated that spirit as a whole, the second and fifth precepts are the two. Precepts of Pancasila expressly carry the spirit of justice as one of its main pillars. This normative juridical paper uses 2 research approach methods, namely the statute approach and he historical approach. The data used in this study are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials that are processed through 3 phases of processing data, namely data reduction, presentation and verification. Law enforcement, especially judges, have an important role in carrying out and building the legal structure of the Pancasila Law State, one of the main spearheads is social justice (justice for people) with rule breaking efforts. The spirit that law enforcement should have should not be solely according to the legal way but rather refer to the reasonable way. The legislators also play an important role, the stages and process of legislation are one part of the frame of the fundamental structure of the Pancasila Law State because at thes tage of the spirit of the regulation is formed.]]>
