Pub Date : 2022-06-30DOI: 10.24090/volksgeist.v5i1.6399
Triantono Triantono, M. Marizal
The debate over the imposition of the death penalty has long existed between the Abolitionists and Retentionists. The core problem of the debate is that the death penalty intersects with human rights and the interests of the state in maintaining public order. Indonesia, which chooses to apply the death penalty, cannot be separated from these two problematic aspects. This study aims to answer two problems: first, the death penalty debate in Indonesia including its historical aspects; second, the concept of middle ways (moderation) of the death penalty in the Draft of the Criminal Code (RKUHP). This is a normative legal research in which data are collected through library research on legal materials. The gathered data are analyzed in a qualitative description to answer the problems posed in the research. The results of the study show that the death penalty has become a part of the history of Indonesia due to the complexity of the legal system in Indonesia which is influenced by the Dutch, local custom, and Islamic legal systems. The concept of a middle way (moderation) of the death penalty in the RKUHP has placed the death penalty not as a principal penalty but is specific and alternative. Its implementation is also carried out after the probationary period. This is an interesting concept to bridge the death penalty debate in Indonesia. However, there are still problems related to changes to the death penalty, clemency issues, the length of delay in the death penalty and institutions that can amend the death penalty. In addition, there are also problems in determining the death penalty as a result of very serious crimes, because the indicators of most serious crimes have not been determined in a harmonious and consistent manner.
{"title":"Konsep Moderasi Pidana Mati RKUHP dalam Perspektif HAM dan Kepentingan Negara","authors":"Triantono Triantono, M. Marizal","doi":"10.24090/volksgeist.v5i1.6399","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.6399","url":null,"abstract":"The debate over the imposition of the death penalty has long existed between the Abolitionists and Retentionists. The core problem of the debate is that the death penalty intersects with human rights and the interests of the state in maintaining public order. Indonesia, which chooses to apply the death penalty, cannot be separated from these two problematic aspects. This study aims to answer two problems: first, the death penalty debate in Indonesia including its historical aspects; second, the concept of middle ways (moderation) of the death penalty in the Draft of the Criminal Code (RKUHP). This is a normative legal research in which data are collected through library research on legal materials. The gathered data are analyzed in a qualitative description to answer the problems posed in the research. The results of the study show that the death penalty has become a part of the history of Indonesia due to the complexity of the legal system in Indonesia which is influenced by the Dutch, local custom, and Islamic legal systems. The concept of a middle way (moderation) of the death penalty in the RKUHP has placed the death penalty not as a principal penalty but is specific and alternative. Its implementation is also carried out after the probationary period. This is an interesting concept to bridge the death penalty debate in Indonesia. However, there are still problems related to changes to the death penalty, clemency issues, the length of delay in the death penalty and institutions that can amend the death penalty. In addition, there are also problems in determining the death penalty as a result of very serious crimes, because the indicators of most serious crimes have not been determined in a harmonious and consistent manner.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"9 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72572544","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}
This study is aimed at finding a model for the implementation of online criminal trial after the publication of SEMA Number 1 of 2020. This is an empirical legal research. Interviews were done with related parties to find models for the implementation of online trials and the obstacles faced by law enforcement institutions. Online criminal trials are meant to keep the defendants from the possible spread of COVID-19 in detention centers or prisons. However, the trials are legally weak. Data collection techniques include interviews and observations. The interviews were conducted using free guided techniques. The findings show that there are differences in the implementation of online criminal trials because the procedural law mechanism policy is very dependent on the ability of each institution. These constraints caused unfair trials, in other words, violate the principles of fair trial.
{"title":"Problematika Persidangan Perkara Pidana di Masa Kahar","authors":"Siti Sahara, Nurasyiah Nurasyiah, Liza Agnesta Krisna","doi":"10.24090/volksgeist.v5i1.4629","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.4629","url":null,"abstract":"This study is aimed at finding a model for the implementation of online criminal trial after the publication of SEMA Number 1 of 2020. This is an empirical legal research. Interviews were done with related parties to find models for the implementation of online trials and the obstacles faced by law enforcement institutions. Online criminal trials are meant to keep the defendants from the possible spread of COVID-19 in detention centers or prisons. However, the trials are legally weak. Data collection techniques include interviews and observations. The interviews were conducted using free guided techniques. The findings show that there are differences in the implementation of online criminal trials because the procedural law mechanism policy is very dependent on the ability of each institution. These constraints caused unfair trials, in other words, violate the principles of fair trial.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86854894","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 : 2022-06-30DOI: 10.24090/volksgeist.v5i1.6430
Agus Riwanto, S. Suryaningsih
The function of the state in exercising power is to ensure social justice for its people. To make it happen, efforts are needed to explore the concept of statehood. In its development there are two concepts of statehood, namely the welfare state and liberal states or capitalism state. Both are different and tend to be contradictory. This article aims to study and explore about Maqashid As-shari'ah (the principles or purposes of Islamic law) in order to bridge the conflict between the two concepts of statehood. The method used is socio-legal research, which is legal research using interdisciplinary. Data is obtained from the library or library recearch. The results showed that the concept of the welfare state demands the role of the state in distributing socio-economic justice, while the concept of a liberal state marginalizes the role of the state in the distribution of socio-economic justice and submits to market mechanisms. In state practice the concept of a liberal state defeats the concept of a welfare state. As a result the function of the state shifted towards the market and turned its face into an inhuman capitalist economy. Islam can be used as a solution and bridge the conflict between the two concepts of statehood. By placing the politics of Islamic law based on the Maqasid asy-Shari'ah as the solution, namely putting the principles of shari'ah economy in the form of banning usury, prioritizing justice, togetherness and prudence which in practice can be a Shari'ah business, as reflected in Law Number 21 of 2008 concerning the Development of Shari'ah and the principle of good governance according to Shari'ah in the form of shiddiq (honest), istiqamah (firm in the establishment), fathanah (intelligence: ratio, taste and divinity), trust (accountability).
国家行使权力的职能是确保人民享有社会公正。为了实现这一目标，需要努力探索国家地位的概念。在其发展过程中出现了两种国家概念，即福利国家和自由主义国家或资本主义国家。两者是不同的，往往是矛盾的。本文旨在研究和探讨伊斯兰教法的原则或目的，以弥合两种国家概念之间的冲突。使用的方法是社会法律研究，这是跨学科的法律研究。数据是从图书馆或图书馆研究中获得的。结果表明，福利国家概念要求国家在分配社会经济正义方面发挥作用，而自由主义国家概念将国家在分配社会经济正义方面的作用边缘化，并服从于市场机制。在国家实践中，自由国家的概念击败了福利国家的概念。结果，国家的职能转向了市场，变成了非人的资本主义经济。伊斯兰教可以作为一种解决方案，弥合两种国家概念之间的冲突。通过将基于Maqasid asi - shari'ah的伊斯兰法律政治作为解决方案，即将伊斯兰经济原则以禁止高利贷的形式，优先考虑正义，团结和审慎，这在实践中可以成为伊斯兰教的业务，正如2008年关于伊斯兰教发展的第21号法律所反映的那样，以及根据伊斯兰教的良好治理原则以shiddiq(诚实)，istiqamah(坚定的建立)，fathanah(智慧)的形式:比例，品味和神性)，信任(责任)。
{"title":"Realizing Welfare State and Social Justice: A Perspective on Islamic Law","authors":"Agus Riwanto, S. Suryaningsih","doi":"10.24090/volksgeist.v5i1.6430","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.6430","url":null,"abstract":"The function of the state in exercising power is to ensure social justice for its people. To make it happen, efforts are needed to explore the concept of statehood. In its development there are two concepts of statehood, namely the welfare state and liberal states or capitalism state. Both are different and tend to be contradictory. This article aims to study and explore about Maqashid As-shari'ah (the principles or purposes of Islamic law) in order to bridge the conflict between the two concepts of statehood. The method used is socio-legal research, which is legal research using interdisciplinary. Data is obtained from the library or library recearch. The results showed that the concept of the welfare state demands the role of the state in distributing socio-economic justice, while the concept of a liberal state marginalizes the role of the state in the distribution of socio-economic justice and submits to market mechanisms. In state practice the concept of a liberal state defeats the concept of a welfare state. As a result the function of the state shifted towards the market and turned its face into an inhuman capitalist economy. Islam can be used as a solution and bridge the conflict between the two concepts of statehood. By placing the politics of Islamic law based on the Maqasid asy-Shari'ah as the solution, namely putting the principles of shari'ah economy in the form of banning usury, prioritizing justice, togetherness and prudence which in practice can be a Shari'ah business, as reflected in Law Number 21 of 2008 concerning the Development of Shari'ah and the principle of good governance according to Shari'ah in the form of shiddiq (honest), istiqamah (firm in the establishment), fathanah (intelligence: ratio, taste and divinity), trust (accountability).","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90831811","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 : 2022-06-30DOI: 10.24090/volksgeist.v5i1.6074
Annisa Weningtyas, Endang Widuri
Through local wisdom, indigenous peoples in Indonesia could survive the various water resource crises they face. This study aims to investigate the relationship between local wisdom and sustainable water resource management, as well as challenges to the existence of the local wisdom in managing water resources. This study implements normative legal research method, with a normative juridical approach. Data are collected from Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) and Law Number 17 of 2019 concerning Water Resources. The data are analyzed in a qualitative juridical manner. The results of the study conclude that UUPPLH and customary law have the same goal in providing protection for environmental management. Environmental issues should be addressed integrally, comprehensively, and holistically, so that technical aspects of operations, regulations, institutions, financing, and community participation are needed. In addition, preventive efforts are carried out through regional regulations as an elaboration and explanation of statutory regulations by taking into account the characteristics of each region; while repressive efforts in the context of enforcing environmental law require serious efforts by involving all law enforcement officers.
{"title":"Pengelolaan Sumber Daya Air Berbasis Kearifan Lokal Sebagai Modal Untuk Pembangunan Berkelanjutan","authors":"Annisa Weningtyas, Endang Widuri","doi":"10.24090/volksgeist.v5i1.6074","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.6074","url":null,"abstract":"Through local wisdom, indigenous peoples in Indonesia could survive the various water resource crises they face. This study aims to investigate the relationship between local wisdom and sustainable water resource management, as well as challenges to the existence of the local wisdom in managing water resources. This study implements normative legal research method, with a normative juridical approach. Data are collected from Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) and Law Number 17 of 2019 concerning Water Resources. The data are analyzed in a qualitative juridical manner. The results of the study conclude that UUPPLH and customary law have the same goal in providing protection for environmental management. Environmental issues should be addressed integrally, comprehensively, and holistically, so that technical aspects of operations, regulations, institutions, financing, and community participation are needed. In addition, preventive efforts are carried out through regional regulations as an elaboration and explanation of statutory regulations by taking into account the characteristics of each region; while repressive efforts in the context of enforcing environmental law require serious efforts by involving all law enforcement officers.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"78 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80996181","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 : 2022-06-30DOI: 10.24090/volksgeist.v5i1.4973
Anggita Yudanti, Wicipto Setiadi
In the context of development, laws and regulations are also a means to support the realization of development goals. The focus of this research is what makes regulations in Indonesia still problematic and what actions must be taken so that the regulatory planning and the regional development planning can be carried out carefully so as to produce good legal products. The method used in this research is a normative approach. Primary data are collected from legislation while secondary data are from books, journals and legal articles. The data are then analyzed in a qualitative descriptive technique. The results found that legislative planning and development planning are not integrated so that they are not synchronized and harmonious because there is a separation of schemes; there is a tendency for excessive formation of Ministerial regulations; and the weakness of the planning institutions for the formation of Governmental and Presidential Regulations. Efforts to synchronize the planning system between the center and the regions are needed so that the regulations formed run systematically and sustainably.
{"title":"Problematika Pembentukan Regulasi Indonesia Dalam Perencanaan Pembentukan Regulasi Dengan Perencanaan Pembangunan Daerah","authors":"Anggita Yudanti, Wicipto Setiadi","doi":"10.24090/volksgeist.v5i1.4973","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.4973","url":null,"abstract":"In the context of development, laws and regulations are also a means to support the realization of development goals. The focus of this research is what makes regulations in Indonesia still problematic and what actions must be taken so that the regulatory planning and the regional development planning can be carried out carefully so as to produce good legal products. The method used in this research is a normative approach. Primary data are collected from legislation while secondary data are from books, journals and legal articles. The data are then analyzed in a qualitative descriptive technique. The results found that legislative planning and development planning are not integrated so that they are not synchronized and harmonious because there is a separation of schemes; there is a tendency for excessive formation of Ministerial regulations; and the weakness of the planning institutions for the formation of Governmental and Presidential Regulations. Efforts to synchronize the planning system between the center and the regions are needed so that the regulations formed run systematically and sustainably.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"101 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85869321","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 : 2022-06-30DOI: 10.24090/volksgeist.v5i1.6423
Widya Ayu Nirmala Sari
Based on the 1945 Constitution Article 1 paragraph 3, Indonesia is a state ruled by law since the constitution of Indonesia incorporated several legal systems. The law should be fair, impartial to those in power and not intimidate the weak. However, the law is often misused and traded for the interests of those in power. This study aims to find out how the law is enforced against PT Rayon Utama Makmur that has harmed local residents for causing environmental pollution as a result of the textile factory activities. Data are collected from literature. The theory used is the conflict theory of Karl Marx given that there was a conflict of interest between PT Rayon Utama Makmur and the local residents. The results of the study indicate that the law enforcement against PT Rayon Utama Makmur is still very weak. After being proven to have polluted the environment by dumping the factory waste into the river thus endangering the health of the residents, PT Rayon Utama Makmur did not receive any significant sanctions so that it did not cause a deterrent effect for the company. The weak law enforcement for PT Rayon Utama Makmur caused injustice for the residents. And that gradually triggered a conflict between the residents and the company.
根据1945年宪法第1条第3款，印度尼西亚是一个法治国家，因为印度尼西亚宪法纳入了几个法律体系。法律应该公平、公正地对待当权者，而不是恐吓弱者。然而，法律经常被滥用，被当权者的利益所取代。这项研究的目的是找出法律是如何对PT Rayon Utama Makmur实施的，因为纺织厂的活动造成了环境污染，伤害了当地居民。数据来源于文献。所使用的理论是卡尔·马克思的冲突理论，因为PT Rayon Utama Makmur和当地居民之间存在利益冲突。研究结果表明，对PT Rayon Utama Makmur的执法仍然非常薄弱。PT Rayon Utama Makmur在被证明向河中倾倒工厂废料污染环境，从而危及居民健康后，没有受到任何重大制裁，因此对该公司没有产生威慑作用。PT Rayon Utama Makmur的执法不力给居民带来了不公正。这逐渐引发了居民和公司之间的冲突。
{"title":"Penegakan Hukum terhadap PT Rayon Utama Makmur Akibat Limbah Tekstil yang Merugikan Warga","authors":"Widya Ayu Nirmala Sari","doi":"10.24090/volksgeist.v5i1.6423","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.6423","url":null,"abstract":"Based on the 1945 Constitution Article 1 paragraph 3, Indonesia is a state ruled by law since the constitution of Indonesia incorporated several legal systems. The law should be fair, impartial to those in power and not intimidate the weak. However, the law is often misused and traded for the interests of those in power. This study aims to find out how the law is enforced against PT Rayon Utama Makmur that has harmed local residents for causing environmental pollution as a result of the textile factory activities. Data are collected from literature. The theory used is the conflict theory of Karl Marx given that there was a conflict of interest between PT Rayon Utama Makmur and the local residents. The results of the study indicate that the law enforcement against PT Rayon Utama Makmur is still very weak. After being proven to have polluted the environment by dumping the factory waste into the river thus endangering the health of the residents, PT Rayon Utama Makmur did not receive any significant sanctions so that it did not cause a deterrent effect for the company. The weak law enforcement for PT Rayon Utama Makmur caused injustice for the residents. And that gradually triggered a conflict between the residents and the company.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82221533","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 : 2022-06-30DOI: 10.24090/volksgeist.v5i1.6184
Wahyudi Prabowo, Kurnia Tri Latifa, R. Puspandari
This study aims to examine the existence of misleading advertising information reviewed from the law perspective as well as the role of the government in providing legal protection to consumers. This study implemented conceptual and legal approaches. The results of the research show that advertisement is stated to be misleading if it violates Article 9 of The Consumer Protection (UUPK). As for the legal consequences, the advertisment’s owners may be subject to administrative, criminal, civil, and additional penalties. Consumers who suffer from misleading advertising information receive preventive legal protection in the form of making legal rules that guarantee legal protection and supervision of customers. In addition, consumers also get repressive legal protection through the courts of the justice so that costumers can file claims to the court or through channels outside the court thant are managed by The Consumer Dispute Settlement Board (BPSK). Based on the research results, its concluded that forms of misleading advertisements are misleading, deceptive, omission, and puffery. Businesses that are dishonest in advertising their products will be subject to sanctions. The advertising legal protection is contained in the UUPK, KUHPer, and the 2020’s Amendment of Indonesian Pariwara Ethics.
{"title":"Perlindungan Hukum Terhadap Informasi Iklan Yang Menyesatkan","authors":"Wahyudi Prabowo, Kurnia Tri Latifa, R. Puspandari","doi":"10.24090/volksgeist.v5i1.6184","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.6184","url":null,"abstract":"This study aims to examine the existence of misleading advertising information reviewed from the law perspective as well as the role of the government in providing legal protection to consumers. This study implemented conceptual and legal approaches. The results of the research show that advertisement is stated to be misleading if it violates Article 9 of The Consumer Protection (UUPK). As for the legal consequences, the advertisment’s owners may be subject to administrative, criminal, civil, and additional penalties. Consumers who suffer from misleading advertising information receive preventive legal protection in the form of making legal rules that guarantee legal protection and supervision of customers. In addition, consumers also get repressive legal protection through the courts of the justice so that costumers can file claims to the court or through channels outside the court thant are managed by The Consumer Dispute Settlement Board (BPSK). Based on the research results, its concluded that forms of misleading advertisements are misleading, deceptive, omission, and puffery. Businesses that are dishonest in advertising their products will be subject to sanctions. The advertising legal protection is contained in the UUPK, KUHPer, and the 2020’s Amendment of Indonesian Pariwara Ethics.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89450741","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 : 2022-06-29DOI: 10.24090/volksgeist.v5i1.6402
Rayno Dwi Adityo
Handling social conflicts can involve elements of the community, one of which is the involvement of community leaders as part of peacemakers and their position is recognized in the law on handling social conflicts. However, the definition of community leaders is still not clear. This article aims to analyze the meaning of community leaders in the law for handling social conflicts in terms of the principle of legal certainty. This article is based on normative juridical research with a literature research scheme. The result shows that the formulation of the concept of understanding community leaders has not fulfilled the element of legal certainty. A clear definition of community leaders will help determine the extent to which the limits of their authority are protected by law. This study also offers additional materials for those who have the authority to be able to make efforts to improve.
{"title":"Interpretation of Public Figures in Indonesian Law Number 7 Of 2012 Concerning Handling Social Conflicts in The Perspective of Legal Certainty","authors":"Rayno Dwi Adityo","doi":"10.24090/volksgeist.v5i1.6402","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.6402","url":null,"abstract":"Handling social conflicts can involve elements of the community, one of which is the involvement of community leaders as part of peacemakers and their position is recognized in the law on handling social conflicts. However, the definition of community leaders is still not clear. This article aims to analyze the meaning of community leaders in the law for handling social conflicts in terms of the principle of legal certainty. This article is based on normative juridical research with a literature research scheme. The result shows that the formulation of the concept of understanding community leaders has not fulfilled the element of legal certainty. A clear definition of community leaders will help determine the extent to which the limits of their authority are protected by law. This study also offers additional materials for those who have the authority to be able to make efforts to improve.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"55 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91135493","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 : 2022-06-29DOI: 10.24090/volksgeist.v5i1.6361
Wawan Andriawan
The development of philosophical science spreads to aspects of the operation of law along with the dynamics of human civilization. However, this philosophical concept must be filtered with the essential values, including Indonesia. This is because the fusion of philosophical ideas with elements as stated in the state constitution of a nation must be interpreted and crystallized in various legal products issued by a government. This study aims to describe the Pancasila perspective on the development of legal philosophy in Indonesia and analyze the meaning of 'justice' from a progressive legal perspective. This research is legal research using a conceptual approach and legislation. The legal materials used in this research are primary legal materials and secondary legal materials. These two materials are considered to examine the legal issues raised in this research. The result of this study is that the philosophy of law in Indonesia is based on the precepts of all the principles in Pancasila. Pancasila is actually in line with the flow of legal philosophy, namely Sociological Jurisprudence. This departs from the three dimensions of Pancasila, which is oriented to give birth to harmony from the implementation of rights and obligations in every existing legal subject. Then, the concept of progressive law provides the view that Justice is more oriented as substantive Justice, not procedural Justice. This is because Justice is the essence of the law itself; so that Justice cannot be calculated mathematically, cannot be interpreted purely textually, or can only be said to be 'fair' when there are two people who have the same share as others.
{"title":"Pancasila Perspective on the Development of Legal Philosophy: Relation of Justice and Progressive Law","authors":"Wawan Andriawan","doi":"10.24090/volksgeist.v5i1.6361","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.6361","url":null,"abstract":"The development of philosophical science spreads to aspects of the operation of law along with the dynamics of human civilization. However, this philosophical concept must be filtered with the essential values, including Indonesia. This is because the fusion of philosophical ideas with elements as stated in the state constitution of a nation must be interpreted and crystallized in various legal products issued by a government. This study aims to describe the Pancasila perspective on the development of legal philosophy in Indonesia and analyze the meaning of 'justice' from a progressive legal perspective. This research is legal research using a conceptual approach and legislation. The legal materials used in this research are primary legal materials and secondary legal materials. These two materials are considered to examine the legal issues raised in this research. The result of this study is that the philosophy of law in Indonesia is based on the precepts of all the principles in Pancasila. Pancasila is actually in line with the flow of legal philosophy, namely Sociological Jurisprudence. This departs from the three dimensions of Pancasila, which is oriented to give birth to harmony from the implementation of rights and obligations in every existing legal subject. Then, the concept of progressive law provides the view that Justice is more oriented as substantive Justice, not procedural Justice. This is because Justice is the essence of the law itself; so that Justice cannot be calculated mathematically, cannot be interpreted purely textually, or can only be said to be 'fair' when there are two people who have the same share as others.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90870624","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}
Law is a set of rules that exists in society to create order. Law is created by humans and for humans. As such, it should be able to humanize humans. Law must be present in the midst of any social circumstances, including once when Indonesia was hit by the COVID-19 pandemic. The emergence of the COVID-19 should be immediately addressed by issuing a policy to regulate lectures during the pandemic so that they can still run effectively as they should. This research implemented a descriptive qualitative method. Data and information related to the effectiveness of lectures in legal studies during the pandemic were collected. The data were then presented in words and analysed in a comprehensive description. The results show that the lectures during the pandemic had not been effective for many limitations experienced by students and lecturers. Furthermore, from a legal perspective, there are no clear rules/policies in regulating how lectures are conducted in the midst of the COVID-19 pandemic so that they can run effectively.
{"title":"Kajian Hukum Terhadap Efektifitas Perkuliahan di Tengah Pandemi Covid-19","authors":"Daud Rismana, Hajar Salamah Salsabila Hariz, Fenny Bintarawati","doi":"10.24090/volksgeist.v5i1.5137","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i1.5137","url":null,"abstract":"Law is a set of rules that exists in society to create order. Law is created by humans and for humans. As such, it should be able to humanize humans. Law must be present in the midst of any social circumstances, including once when Indonesia was hit by the COVID-19 pandemic. The emergence of the COVID-19 should be immediately addressed by issuing a policy to regulate lectures during the pandemic so that they can still run effectively as they should. This research implemented a descriptive qualitative method. Data and information related to the effectiveness of lectures in legal studies during the pandemic were collected. The data were then presented in words and analysed in a comprehensive description. The results show that the lectures during the pandemic had not been effective for many limitations experienced by students and lecturers. Furthermore, from a legal perspective, there are no clear rules/policies in regulating how lectures are conducted in the midst of the COVID-19 pandemic so that they can run effectively.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74653106","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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