Pancasila and Law Review
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2723-262x

2021 ◽  
Vol 2 (2) ◽  
pp. 109-120
Author(s):  
Sondika Ragani ◽  
Adrian E. Rompis ◽  
Santi Hapsari Dewi Adikancana

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.


2021 ◽  
Vol 2 (2) ◽  
pp. 121-132
Author(s):  
Husna Sartika ◽  
Eddy Purnama ◽  
Ilyas Ismail

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.


2021 ◽  
Vol 2 (2) ◽  
pp. 91-98
Author(s):  
Imam Pratama Rifky

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.


2021 ◽  
Vol 2 (2) ◽  
pp. 79-90
Author(s):  
Dewa Gede Giri Santosa

The existence of the internet has a positive impact and has a negative impact, one of which is the rampant hate speech that is spread through social media. The government then issued Law No. 11 of 2008 concerning Electronic Information and Transactions as amended by Law No. 19 of 2016, which regulates the criminalisation of hate speech conducted via electronic media. Nonetheless, even though there have been criminal threats against acts of hate speech through cyberspace, the number of cases of hate speech handled by the police has increased in years. The research aims to discover social changes' influence in the criminalisation of hate speech through electronic media. Moreover, the research investigates the criminalisation of hate speech's effectiveness through electronic media to tackle the rise of hate speech in cyberspace. This research uses the normative legal research method. The research explains that social changes related to sharing information via electronic media have an impact on applicable law in Indonesia with regulations regarding hate speech through electronic media. However, since the enactment of this regulation, hate speech acts through electronic media has increased. Therefore, the criminalisation policy must pay attention to the principle of subsidiarity. Criminal law must be the last resort in overcoming crimes using a penal instrument. Other efforts needed that should be prioritised apart from punishing the perpetrators of criminal acts.


2021 ◽  
Vol 2 (2) ◽  
pp. 99-108
Author(s):  
Oksep Adhayanto ◽  
Nazaki Nazaki ◽  
Nanik Rahmawati ◽  
Dewi Haryanti ◽  
Nurhasanah Suwardi ◽  
...  

This research attempts to analyze the implementation of the Pancasila ideology amid current digitalization. One of the markers of this digital era is the erosion of space and national boundaries for every citizen. Indonesia's large population can be a strength or weakness of the Pancasila ideology. For this reason, systematic steps are needed to make the values of Pancasila remain as a way of life for the Indonesian. This type of research is normative research that uses literature as a primary data source. The presentation of the data is conveyed by a qualitative descriptive method. The conclusion of this study is the need to strengthen Pancasila ideology in the digital era through efforts to reaffirm the fundamental values of Pancasila to society in general and the younger generation in particular. To ground the values of Pancasila, it is deemed necessary to involve millennial participation through digital influencer programs and the development of digital literacy based on Pancasila values and the doctrine of national values.


2021 ◽  
Vol 2 (2) ◽  
pp. 133-140
Author(s):  
Palmawati Taher

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.


2021 ◽  
Vol 2 (1) ◽  
pp. 61-78
Author(s):  
Agsel Awanisa ◽  
Yusdianto Yusdianto ◽  
Siti Khoiriah

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.


2021 ◽  
Vol 2 (1) ◽  
pp. 37-48
Author(s):  
Mahfud Mahfud ◽  
Faisal A. Rani ◽  
Rizanizarli Rizanizarli

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.


2021 ◽  
Vol 2 (1) ◽  
pp. 15-26
Author(s):  
Kadek Agus Sudiarawan ◽  
Putu Ade Harriestha Martana ◽  
Cok Istri Diah Widyantari Pradnya Dewi ◽  
I Kadek Wira Dwipayana ◽  
Luh Putu Budiarti

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.


2021 ◽  
Vol 2 (1) ◽  
pp. 01-14
Author(s):  
Azzahra Rizki Ananda

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.


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