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Pancasila and Law Review
ISSN 2723-262X · Faculty of Law, Universitas Lampung · 70 articles in the index
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Journal Article
Pancasila Moral Ethics as a Philosophical Foundation for the Formulation of Copyright Law
The philosophical foundation of copyright law in Indonesia has often been addressed normatively, yet its ethical grounding in Pancasila has not been systematically examined. This article argues that Indonesian copyright law embodies a normative synthesis between economic utilitarianism and…
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Journal Article
Bridging Norms and Practice: Structural Barriers to Women’s Protection from Sexual Violence in Nigeria
Sexual violence persists in Nigeria despite ratification of major human rights treaties and enactment of domestic legislation such as the Violence Against Persons (Prohibition) Act. This study assesses whether Nigeria’s legal and institutional frameworks provide effective protection for women…
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Journal Article
Law Under the Shadow of Power: Exploration of the Politicization of Law and Its Impact on Legal Quality and Law Enforcement in Indonesia
The principle of the rule of law (rechtsstaat) positions law as the primary safeguard of justice and democracy. In Indonesian constitutional practice, however, law often operates under political influence through legal politicization. This occurs when legal instruments are used to advance political…
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Journal Article
The Policy Changes of State-Owned Enterprises Concerning Foreigner in the Perspective of Talcott Persons Structural Functional Theory
Law Number 16 of 2025 allows foreign nationals to occupy strategic positions in State-Owned Enterprises, triggering debate between the demands of modernization in a globalized economy and the principle of national economic sovereignty under Article 33 of the 1945 Constitution. This normative legal…
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Journal Article
Community Service Order as the Embodiment of Social Justice Values in the Indonesian Penal System
Community Service Order an alternative sentencing aimed at reducing dependence on imprisonment while restoring social balance within the community. This study examines how the Community Service Order can represent the values of social justice as reflected in the fifth principle of Pancasila. The…
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Journal Article
The Ontological Foundations of Indonesia’s National Education System in the Light of Pancasila
Critically examines Indonesia’s national education paradigm by addressing the ontological tension between contemporary scientific rationality and the ethical–constitutional foundations of Pancasila. Drawing on a qualitative philosophical approach grounded in systematic hermeneutic analysis of…
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Journal Article
Trump’s Call to Control Gaza: A Case of Ethnic Cleansing?
This research examines the intersection of international law and the controversial proposal by former US President Donald Trump regarding the forced transfer of Palestinian civilians from Gaza. The study places this issue within the framework of ethnic cleansing and the prohibition of population…
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Journal Article
The Development of a Bilateral System in National Inheritance Law Grounded in Social Justice
The unresolved conflicts between Islamic law, the Civil Code (KUHPer), and customary (adat) law present significant challenges in integrating bilateral inheritance principles into Indonesia’s national legal framework. The existing pluralistic inheritance system often falls short in realizing social…
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Journal Article
The Urgency of Border Area Development Towards Special Economic Zones: Legal Guarantees for Social Welfare in Indonesia
Border areas will continue to lag behind other regions without proper management. The limited natural resources in these areas pose a challenge for development. Through national strategic projects, border regions are expected to compete and enhance the well-being of their communities. This research…
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Journal Article
Reevaluating the Necessity of a State of Emergency: Lessons from the Covid-19 Pandemic
Jimly Asshiddiqie argued that Indonesia should have declared a state of emergency during COVID-19 to ensure effective governance, asserting that, without it, the government lacked legitimacy to implement restrictive policies. This paper critically examines this claim through a doctrinal and…
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Journal Article
Legal Approaches to Climate Change Mitigation: Evaluating Implementation Strategies and Mainstreaming Efforts
Climate change poses a serious threat to all nations. According to the World Economic Forum's Global Risk Report (2019), climate change ranks among the most significant global risks, contributing to natural disasters, extreme weather events, food and water crises, biodiversity loss, and ecosystem…
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Journal Article
LGBTQ as the Rights in Turkey: Past, Present and Future Conditions
Sexuality is defined as one's thoughts, feelings, desires, and actions toward other people. The way a person communicates their sexual wants is what makes them human. It is possible to classify sexuality as a human right that each individual possesses, and that is immune to external interference…
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Journal Article
Guaranteeing Freedom of Speech: The Role of the Primus Inter Pares Principle in the Presidential Insult Clause
The ratification of Indonesia’s new Criminal Code (KUHP) on December 6, 2022, has sparked concerns over potential restrictions on human rights, particularly the right to freedom of expression. These concerns arise from the reintroduction of the article on insulting the president, which had been…
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Journal Article
The Intersection between Legal Philosophy and Pancasila Ideology in Recognising Indonesian Indigenous Peoples
This study examines the relationship between customary law communities and the ideology of Pancasila within Indonesia’s legal philosophy. Article 18B Paragraph (2) of the 1945 Constitution affirms state recognition of customary law communities and their long-standing social, legal, and cultural…
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Journal Article
Legal Protection of Personal Data Against Phishing in Indonesia: A Pancasila-Based Approach
Phishing in Indonesia presents significant risks to privacy and data security. This study employs a normative juridical approach to analyze the protection of personal data, with attention to both preventive and repressive legal mechanisms. It assesses the effectiveness of Law No. 27 of 2022 on…
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Journal Article
The Role of Constitution in a Democratic System and Human Rights Protection in Indonesia
The constitution is the legal foundation of a country, which includes the protection of human rights and the regulation of the division of power in running the country's government. The Indonesian Constitution has specific purposes and functions in ensuring democracy and human rights. As a legal…
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Journal Article
Legal Impact of the Division of Mandatory Government Affairs to the Society
This article examines the division of concurrent authority between the central and local governments in Mandatory Government Affairs and its implications for fulfilling citizens’ basic service rights. Using an interdisciplinary legal approach, the research explores the persistence of centralized…
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Journal Article
The Role of the UPTD DP3AP2KB Depok City in Implementing Policies for Handling Cases of Sexual Violence and Abuse Against Children
Children are often vulnerable targets for adult aggression, resulting in various forms of violence including physical abuse, neglect, pornography, psychological abuse, and sexual violence. In Depok City, where such cases occur, the local government provides protection and assistance to child…
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Journal Article
International Justice and Pancasila: A Case Study of The Gambia
International justice is as topical as it is relevant to global governance. This is manifest in fledgling and thriving democracies, failed and enduring states, and tyrannous and constitutionally governed states. Similar to the Gambian transitional justice, the Pancasila’s social justice system in…
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Journal Article
The Omnibus Method: Challenges in the Legislative Process
The Omnibus Law in the Job Creation Law marks the beginning of the use of the omnibus method in Indonesia’s legislative process, aimed at reducing the country’s excessive regulatory framework. The law was reviewed by the Constitutional Court, which declared it conditionally unconstitutional…