Pub Date : 2022-07-15DOI: 10.17977/um019v7i2p375-383
Defi Sri Sunardi Ramadhani, S. Noerdajasakti, Faizin Sulistio
This study aimed to analyze the guidelines for implementing Article 27 paragraph (3) of Electronic Transaction and Information Law and the joint decree's legal standing as guidelines for implementing the law on information and electronic transactions. This study utilized a normative juridical method with a historical approach, a conceptual approach, and a statutory approach. The implementation of Article 27 paragraph (3) of Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 was based on the Decision of the Constitutional Court Number 50/PUU-VI/2008 that referred to Article 310, Article 311, and Article 315 of the Indonesian Criminal Act. Although it was not explicitly stated in Article 7 paragraph (1) of Law Number 12 of 2011 concerning the Establishment of Legislation, the joint decree as guidelines for implementing the law on information and electronic transactions had the same position and binding legal force as the laws and regulations.
{"title":"Kedudukan Surat Keputusan Bersama sebagai Pedoman Implementasi Pasal Penghinaan dan Pencemaran Nama Baik dalam UU ITE","authors":"Defi Sri Sunardi Ramadhani, S. Noerdajasakti, Faizin Sulistio","doi":"10.17977/um019v7i2p375-383","DOIUrl":"https://doi.org/10.17977/um019v7i2p375-383","url":null,"abstract":"This study aimed to analyze the guidelines for implementing Article 27 paragraph (3) of Electronic Transaction and Information Law and the joint decree's legal standing as guidelines for implementing the law on information and electronic transactions. This study utilized a normative juridical method with a historical approach, a conceptual approach, and a statutory approach. The implementation of Article 27 paragraph (3) of Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 was based on the Decision of the Constitutional Court Number 50/PUU-VI/2008 that referred to Article 310, Article 311, and Article 315 of the Indonesian Criminal Act. Although it was not explicitly stated in Article 7 paragraph (1) of Law Number 12 of 2011 concerning the Establishment of Legislation, the joint decree as guidelines for implementing the law on information and electronic transactions had the same position and binding legal force as the laws and regulations.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47656229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.17977/um019v7i2p447-457
H. Widodo, M. Masnun
This study aimed to analyze legal politics and determine the broad guidelines of state policy based on the 1945 Constitution of the Republic of Indonesia. This study was included in the type of legal study with a statutory approach, a conceptual approach, and a historical approach. The People's Consultative Assembly did not establish the main points of state policy. However, they were jointly formed by the President, the People's Representative Council, and the Regional Representatives Council because the People's Consultative Assembly was no longer located as the highest state institution. The construction of the broad state policy guidelines, designed by the candidate for President or Vice President and his coalition before the general election, was then ratified into law if it had been elected as President. The regulatory period for the state law was designed for five years to make the legal norms more concrete.
{"title":"Politik Hukum Penetapan Haluan Negara Berdasarkan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945","authors":"H. Widodo, M. Masnun","doi":"10.17977/um019v7i2p447-457","DOIUrl":"https://doi.org/10.17977/um019v7i2p447-457","url":null,"abstract":"This study aimed to analyze legal politics and determine the broad guidelines of state policy based on the 1945 Constitution of the Republic of Indonesia. This study was included in the type of legal study with a statutory approach, a conceptual approach, and a historical approach. The People's Consultative Assembly did not establish the main points of state policy. However, they were jointly formed by the President, the People's Representative Council, and the Regional Representatives Council because the People's Consultative Assembly was no longer located as the highest state institution. The construction of the broad state policy guidelines, designed by the candidate for President or Vice President and his coalition before the general election, was then ratified into law if it had been elected as President. The regulatory period for the state law was designed for five years to make the legal norms more concrete.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46526470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.17977/um019v7i2p507-515
Prima Zulvarina, Destriana Saraswati, Noveria Anggraeni Fiaji
This study described the diversity of higher order thinking skills in the evaluation instrument for Pancasila Education textbooks in universities and analyzed the level of conformity of higher order thinking skills in the evaluation instrument for Pancasila Education textbooks in universities. This study used a qualitative approach with the type of descriptive research. Data were collected utilizing observation and document study. The data obtained were analyzed by descriptive, interpretive techniques through data reduction, data presentation, and verification. The study results indicated that the evaluation instrument in the Pancasila Education textbook contained all the criteria for higher-order thinking skills, including critical thinking, problem-solving, decision-making, and creative thinking. However, the evaluation instrument in the Pancasila Education textbook, which contained criteria for higher-order thinking skills, was only 36 out of 78 items. Therefore, the Pancasila Education textbook needed to be revised again because the number of analyzing levels was more dominant than evaluating and creating. In addition, the cognitive domain in the Pancasila Education textbook was out of tune with the National Higher Education Standards guidelines.
{"title":"Kesesuaian Higher Order Thinking Skill pada Instrumen Evaluasi Buku Ajar Pendidikan Pancasila di Perguruan Tinggi","authors":"Prima Zulvarina, Destriana Saraswati, Noveria Anggraeni Fiaji","doi":"10.17977/um019v7i2p507-515","DOIUrl":"https://doi.org/10.17977/um019v7i2p507-515","url":null,"abstract":"This study described the diversity of higher order thinking skills in the evaluation instrument for Pancasila Education textbooks in universities and analyzed the level of conformity of higher order thinking skills in the evaluation instrument for Pancasila Education textbooks in universities. This study used a qualitative approach with the type of descriptive research. Data were collected utilizing observation and document study. The data obtained were analyzed by descriptive, interpretive techniques through data reduction, data presentation, and verification. The study results indicated that the evaluation instrument in the Pancasila Education textbook contained all the criteria for higher-order thinking skills, including critical thinking, problem-solving, decision-making, and creative thinking. However, the evaluation instrument in the Pancasila Education textbook, which contained criteria for higher-order thinking skills, was only 36 out of 78 items. Therefore, the Pancasila Education textbook needed to be revised again because the number of analyzing levels was more dominant than evaluating and creating. In addition, the cognitive domain in the Pancasila Education textbook was out of tune with the National Higher Education Standards guidelines.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44460429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.17977/um019v7i2p405-412
Zulfikar Putra, Farid Wajdi
This study described the legal consequences of work agreements between companies and workers and problems in making and implementing work agreements. This study used a qualitative research approach with a descriptive type. Data collection techniques were observation and documentation—sources of data obtained from primary and secondary data. The data obtained were analyzed by categorizing and classifying techniques. The study results showed that the legal consequences of a work agreement between the company and the employee had implications for the content of the agreement, which had legal force so that it might be obeyed by all parties and did not conflict with the rule of law. On the other hand, problems in making and implementing work agreements, namely the clauses in the agreement were not under the laws and regulations, so there was a misperception of the company's basic wages, and there was no clarity about the protection of workers whose employment relationship was terminated unilaterally, and the lack of transparency or good faith from the company to the company. In addition, the Department of Manpower and Transmigration was related to its ability to run the company's wheels.
{"title":"Problematika Hukum Perjanjian Kerja antara Perusahaan dan Pekerja","authors":"Zulfikar Putra, Farid Wajdi","doi":"10.17977/um019v7i2p405-412","DOIUrl":"https://doi.org/10.17977/um019v7i2p405-412","url":null,"abstract":"This study described the legal consequences of work agreements between companies and workers and problems in making and implementing work agreements. This study used a qualitative research approach with a descriptive type. Data collection techniques were observation and documentation—sources of data obtained from primary and secondary data. The data obtained were analyzed by categorizing and classifying techniques. The study results showed that the legal consequences of a work agreement between the company and the employee had implications for the content of the agreement, which had legal force so that it might be obeyed by all parties and did not conflict with the rule of law. On the other hand, problems in making and implementing work agreements, namely the clauses in the agreement were not under the laws and regulations, so there was a misperception of the company's basic wages, and there was no clarity about the protection of workers whose employment relationship was terminated unilaterally, and the lack of transparency or good faith from the company to the company. In addition, the Department of Manpower and Transmigration was related to its ability to run the company's wheels.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41663386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.17977/um019v7i2p357-366
N. Hady
This study aimed to analyze local democracy in the old order, new order, and reform eras and reconstruct local democracy in Indonesia. The study was sociological juridical with a statutory approach, a historical approach, and a conceptual approach. Local democracy was reflected in the election of regional heads from the old order era until the reformation, which changed under the applicable laws and regulations. The Regional People's Representative Council elected regional heads in the old order era. In contrast, in the new order era, they were elected by the Regional People's Representative Council based on mutual agreement with the Minister of Home Affairs or the Governor. The filling of regional head positions in the reform era, which the Regional People's Representative Council previously carried out, was done directly by the people. Indonesia reconstructed local democracy through several alternatives: regional heads elected by the Regional People's Representative Council, elected through determination, directly elected by the people, and elections in accordance with regional peculiarities.
{"title":"Rekonstruksi Sistem Demokrasi Lokal di Indonesia","authors":"N. Hady","doi":"10.17977/um019v7i2p357-366","DOIUrl":"https://doi.org/10.17977/um019v7i2p357-366","url":null,"abstract":"This study aimed to analyze local democracy in the old order, new order, and reform eras and reconstruct local democracy in Indonesia. The study was sociological juridical with a statutory approach, a historical approach, and a conceptual approach. Local democracy was reflected in the election of regional heads from the old order era until the reformation, which changed under the applicable laws and regulations. The Regional People's Representative Council elected regional heads in the old order era. In contrast, in the new order era, they were elected by the Regional People's Representative Council based on mutual agreement with the Minister of Home Affairs or the Governor. The filling of regional head positions in the reform era, which the Regional People's Representative Council previously carried out, was done directly by the people. Indonesia reconstructed local democracy through several alternatives: regional heads elected by the Regional People's Representative Council, elected through determination, directly elected by the people, and elections in accordance with regional peculiarities. ","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49106068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.17977/um019v7i2p335-341
Didik Sukriono
This study aimed to describe the determination of inter-village integrated growth centers based on Article 12 of the Minister of Home Affairs Regulation Number 51 of 2007 and analyze the formation of integrated agricultural areas based on the analysis of rural areas in the determination of inter-village integrated growth centers. This study used an empirical juridical method with a statutory and conceptual approach. The data in this study were obtained through observation, documentation, interviews, focus group discussions and conventional and electronic literature studies, which were analyzed using juridical qualitative methods. Determination of integrated growth centers between villages based on Article 12 of the Regulation of the Minister of Home Affairs Number 51 of 2007 was carried out by analyzing rural areas, both in terms of topography, natural resources, human resources, and facilities and infrastructure owned. The establishment of integrated agricultural areas based on the analysis of rural areas in determining the integrated growth centers between villages was carried out through four stages, namely the proposal of development plans, formulation of strategies and policies, planning of supporting programs, and legalization of integrated agricultural areas.
{"title":"Implementasi Ketentuan Pasal 12 Peraturan Menteri Dalam Negeri Nomor 51 Tahun 2007 sebagai Dasar Pembentukan Kawasan Pertanian Terpadu","authors":"Didik Sukriono","doi":"10.17977/um019v7i2p335-341","DOIUrl":"https://doi.org/10.17977/um019v7i2p335-341","url":null,"abstract":"This study aimed to describe the determination of inter-village integrated growth centers based on Article 12 of the Minister of Home Affairs Regulation Number 51 of 2007 and analyze the formation of integrated agricultural areas based on the analysis of rural areas in the determination of inter-village integrated growth centers. This study used an empirical juridical method with a statutory and conceptual approach. The data in this study were obtained through observation, documentation, interviews, focus group discussions and conventional and electronic literature studies, which were analyzed using juridical qualitative methods. Determination of integrated growth centers between villages based on Article 12 of the Regulation of the Minister of Home Affairs Number 51 of 2007 was carried out by analyzing rural areas, both in terms of topography, natural resources, human resources, and facilities and infrastructure owned. The establishment of integrated agricultural areas based on the analysis of rural areas in determining the integrated growth centers between villages was carried out through four stages, namely the proposal of development plans, formulation of strategies and policies, planning of supporting programs, and legalization of integrated agricultural areas.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46867353","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.17977/um019v7i2p458-467
A. P. Wibowo, Nurbani Yusuf
This study aimed to describe the meaning of political education for political parties, the relationship between the party platform and Pancasila values, approaches, media, and methods used by political parties in political education, as well as obstacles and efforts of political parties in the implementation of political education. This study used a qualitative approach with a comparative study method. Data was collected using interviews, observation, and documentation studies. Political education carried out by political parties to their cadres was interpreted as an educational effort to improve the quality of human resources. The platform of political parties was a reflection of the values of Pancasila. The approaches, methods, and media parties used in political education were diverse. Obstacles and efforts of political parties in implementing political education, including funding and attendance of members, were resolved by making donations and completing the results of the minutes of each meeting.
{"title":"Pendidikan Politik Sebagai Usaha Partai Politik Menyemai Nilai-Nilai Pancasila dalam Kehidupan Keorganisasiannya","authors":"A. P. Wibowo, Nurbani Yusuf","doi":"10.17977/um019v7i2p458-467","DOIUrl":"https://doi.org/10.17977/um019v7i2p458-467","url":null,"abstract":"This study aimed to describe the meaning of political education for political parties, the relationship between the party platform and Pancasila values, approaches, media, and methods used by political parties in political education, as well as obstacles and efforts of political parties in the implementation of political education. This study used a qualitative approach with a comparative study method. Data was collected using interviews, observation, and documentation studies. Political education carried out by political parties to their cadres was interpreted as an educational effort to improve the quality of human resources. The platform of political parties was a reflection of the values of Pancasila. The approaches, methods, and media parties used in political education were diverse. Obstacles and efforts of political parties in implementing political education, including funding and attendance of members, were resolved by making donations and completing the results of the minutes of each meeting.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45568479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.17977/um019v7i2p438-446
Hesti Ning Tyas, Sukarmi Sukarmi, Patricia Audrey
This study analyzed the contract disputes in the Supreme Court Decision Number 1013K/Pdt.Sus-Pailit/2016 and the legal status of the buy-back guarantee agreement obtained from the bankrupt developer. This study used a normative juridical method with a statutory approach and a conceptual approach. The contract dispute in the Supreme Court Decision Number 1013K/Pdt.Sus-Pailit/2016 related to submitting several claims based on the buy-back guarantee agreement between PT. Bank Mandiri (Persero) Tbk. as a creditor with PT. Rizky Jaya Sentosa Ladang was the developer who was declared bankrupt when the debtor defaulted. The legal status of the buy-back guarantee agreement obtained by the bank from the bankrupt developer remained binding on the parties who have agreed. The contents of the buy-back guarantee agreement remained valid as law for the parties because one of the bankrupt parties was not included in the conditions for the termination of engagements and agreements.
{"title":"Status Hukum Perjanjian Beli Kembali (Buy-Back Guarantee) yang Diberikan oleh Developer Pailit kepada Bank","authors":"Hesti Ning Tyas, Sukarmi Sukarmi, Patricia Audrey","doi":"10.17977/um019v7i2p438-446","DOIUrl":"https://doi.org/10.17977/um019v7i2p438-446","url":null,"abstract":"This study analyzed the contract disputes in the Supreme Court Decision Number 1013K/Pdt.Sus-Pailit/2016 and the legal status of the buy-back guarantee agreement obtained from the bankrupt developer. This study used a normative juridical method with a statutory approach and a conceptual approach. The contract dispute in the Supreme Court Decision Number 1013K/Pdt.Sus-Pailit/2016 related to submitting several claims based on the buy-back guarantee agreement between PT. Bank Mandiri (Persero) Tbk. as a creditor with PT. Rizky Jaya Sentosa Ladang was the developer who was declared bankrupt when the debtor defaulted. The legal status of the buy-back guarantee agreement obtained by the bank from the bankrupt developer remained binding on the parties who have agreed. The contents of the buy-back guarantee agreement remained valid as law for the parties because one of the bankrupt parties was not included in the conditions for the termination of engagements and agreements.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47887848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.17977/um019v7i2p542-551
R. Ramadhan
This study aimed to produce a feasible, attractive, and effective model for cultivating Pancasila character values with the media of Wayang Suket Puspa Salira. The research and development model used in this study referred to the steps of Borg & Gall. The test subjects in this study were seventh-grade students of SMP Diponegoro. The validity test results of material experts obtained an average of 91.6 percent, media experts at 95.8 percent, and lesson planning experts at 88.8 percent. The results of the small group trial obtained a pretest score of 62.67 and a post-test of 83.26, while the average score obtained from the large group trial was 65.76 pretest and 85.83 on the post-test. The test results showed increased student learning outcomes from the low to medium categories. This result indicated a significant change between learning outcomes before and after implementing the developed learning model.
{"title":"Pengembangan Model Penanaman Nilai-Nilai Karakter Pancasila Bermedia Wayang Suket Puspa Salira","authors":"R. Ramadhan","doi":"10.17977/um019v7i2p542-551","DOIUrl":"https://doi.org/10.17977/um019v7i2p542-551","url":null,"abstract":"This study aimed to produce a feasible, attractive, and effective model for cultivating Pancasila character values with the media of Wayang Suket Puspa Salira. The research and development model used in this study referred to the steps of Borg & Gall. The test subjects in this study were seventh-grade students of SMP Diponegoro. The validity test results of material experts obtained an average of 91.6 percent, media experts at 95.8 percent, and lesson planning experts at 88.8 percent. The results of the small group trial obtained a pretest score of 62.67 and a post-test of 83.26, while the average score obtained from the large group trial was 65.76 pretest and 85.83 on the post-test. The test results showed increased student learning outcomes from the low to medium categories. This result indicated a significant change between learning outcomes before and after implementing the developed learning model.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42597670","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.17977/um019v7i2p413-428
E. K. Purwendah, Agoes Djatmiko, E. Erowati, I. Triana, Elisabeth Pudyastiwi
This study aimed to determine ecological and social justice as the basis for protecting and preserving the marine environment in the Indonesian legal system. This research was empirical normative legal research. The subject of the study was the implementation of favourable legal provisions in every particular legal event that occurred in society to achieve the predetermined goals. If not careful in its application (still characterized by anthropocentrism), this political economy policy could conflict with the social ecology currently developing in Indonesia through the concept of a green economy and a blue economy. The characteristics of the socialism system in the political economy related to environmental justice after the amendment to the 45th Constitution began to shift in the era of globalization so that it began to respond to ecological modernization. However, due to colliding with the concept of socialism, the ecological justice system in the Indonesian legal system had the nuances of social-ecological justice. This concept would significantly affect the fairness of compensation for oil pollution by tanker accidents in Indonesia.
{"title":"Ecological and Social Justice as Basis on Marine Environment Protection and Preservation in The System of Indonesian Law","authors":"E. K. Purwendah, Agoes Djatmiko, E. Erowati, I. Triana, Elisabeth Pudyastiwi","doi":"10.17977/um019v7i2p413-428","DOIUrl":"https://doi.org/10.17977/um019v7i2p413-428","url":null,"abstract":"This study aimed to determine ecological and social justice as the basis for protecting and preserving the marine environment in the Indonesian legal system. This research was empirical normative legal research. The subject of the study was the implementation of favourable legal provisions in every particular legal event that occurred in society to achieve the predetermined goals. If not careful in its application (still characterized by anthropocentrism), this political economy policy could conflict with the social ecology currently developing in Indonesia through the concept of a green economy and a blue economy. The characteristics of the socialism system in the political economy related to environmental justice after the amendment to the 45th Constitution began to shift in the era of globalization so that it began to respond to ecological modernization. However, due to colliding with the concept of socialism, the ecological justice system in the Indonesian legal system had the nuances of social-ecological justice. This concept would significantly affect the fairness of compensation for oil pollution by tanker accidents in Indonesia.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46608784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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