Pancasila and Law Review最新文献

{"title":"Imposition of Tax Law on Cryptocurrencies and NFT in Indonesia","authors":"Anggia Debora Sitompul","doi":"10.25041/plr.v3i1.2555","DOIUrl":"https://doi.org/10.25041/plr.v3i1.2555","url":null,"abstract":"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.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45771055","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}

{"title":"Cyber Sovereignty Gotong Royong, Indonesia’a Way of Dealing with the Challenges of Global Cyber Sovereignty","authors":"Nur Ro'is","doi":"10.25041/plr.v3i1.2573","DOIUrl":"https://doi.org/10.25041/plr.v3i1.2573","url":null,"abstract":"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.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48578123","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}

{"title":"The Countermeasures Efforts of Illegal Transshipment Impact as a Transnational Crime","authors":"Husni Mubaroq, Muhammad Haidir Syah Putra","doi":"10.25041/plr.v3i1.2568","DOIUrl":"https://doi.org/10.25041/plr.v3i1.2568","url":null,"abstract":"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?\u0000The 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.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48070679","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}

{"title":"Indonesian Integral Law Based on Pancasila","authors":"Yogi Prasetyo","doi":"10.25041/plr.v3i1.2443","DOIUrl":"https://doi.org/10.25041/plr.v3i1.2443","url":null,"abstract":"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.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46594596","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}

{"title":"Problematics Intellectual Property Rights of Music Industrialization Indonesia After The Easy Trying of Creating Work","authors":"Muhammad Habibi","doi":"10.25041/plr.v3i1.2353","DOIUrl":"https://doi.org/10.25041/plr.v3i1.2353","url":null,"abstract":"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.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44684951","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}

{"title":"Pancasila as The Basis of The State Unity of The Republic of Indonesia","authors":"Palmawati Taher","doi":"10.25041/plr.v2i2.2449","DOIUrl":"https://doi.org/10.25041/plr.v2i2.2449","url":null,"abstract":"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.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44468068","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}

{"title":"Standard Patterns of Considerations in Law, District Regulation and Qanun Based on Legal Rules in Indonesia","authors":"Husna Sartika, Eddy Purnama, Ilyas Ismail","doi":"10.25041/plr.v2i2.2446","DOIUrl":"https://doi.org/10.25041/plr.v2i2.2446","url":null,"abstract":"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.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49543826","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}

{"title":"The Effectiveness of Criminalizing Hate Speech Through Electronic Media In Dealing With Social Changes of Communicating In Cyberspace","authors":"Dewa Gede Giri Santosa","doi":"10.25041/plr.v2i2.2354","DOIUrl":"https://doi.org/10.25041/plr.v2i2.2354","url":null,"abstract":"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.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44821645","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}

{"title":"Penegakan Hukum Pidana Terhadap Pelanggaran Batas Minimal Usia Perkawinan","authors":"Achmad Yustian Jaya Sesunan","doi":"10.25041/plr.v1i1.2063","DOIUrl":"https://doi.org/10.25041/plr.v1i1.2063","url":null,"abstract":"Pancasila as the ideology of the nation which contains values as a philosophy for the life of the nation and state where human values as a form of awareness of human attitudes and actions based on the potential of human conscience in relation to norms and culture in general, it can generally be said that humans free to do whatever he wants, one of which is to do Pancasila and Law Review P-ISSN 2723-262X Volume 1 Issue 1, January-June 2020 E-ISSN 2745-9306 3 marriage. However, marriage in early childhood has caused several factors including, losing the rights that he should have gotten since childhood. There are a lot of reports about child marriage in Indonesia and conflicting rules between the two Laws (Law), namely Law No. 23 of 2002 concerning Child Protection and Law No. 1 of 1974 concerning Marriage, this is the reason the author examines child marriage from two corners of the Act. In general, law enforcement of violations of the minimum marriage age from the formulation stage has been problematic where the Child Protection Act does not include the Marriage Law in the consideration given, the application stage how it can run optimally if the formulation stage is already problematic, as well as the execution stage how it can provide benefits if there are multiple interpretations. In the enforcement and implementation of child marriage rules even though the Child Protection Act cannot be obstructed even though it has been married according to the Marriage Law. The most fundamental obstacle to law enforcement lies in the inadequacy or incompleteness of the laws and regulations, so that there are many socalled \"multiple interpretations\" and finally there are doubts in law enforcement. Conditions like this will eventually eventually bring up what is known as \"retroactive law\" which is certainly full of speculation, and this is very dangerous for the rule of law. The Marriage Law and the Child Protection Act must be revised and the two Laws equalize the rules, especially regarding child marriage rules. This revision needs to be done so as not to confuse and provide legal certainty related to child marriage. It is necessary to include the Marriage Law in the \"Remembering\" consideration in the Child Protection Act. Both laws must include rules regarding child marriage regulated in the Child Protection Act article so that these two laws harmonize with each other so that they do not cause multiple interpretations. The study was conducted with a type of normative juridical approach and empirical juridical conducted by examining the theories, concepts and legislation related to this research also by looking at the facts and interviews with respondents to gather opinions about law enforcement and factors obstruction of law enforcement violations of the minimum age of marriage. Penegakan Hukum Pidana Terhadap... Achmad Yustian Jaya. S 4 A. Pendahuluan dasarnya hukum adalah pencerminan dari HAM, sehingga hukum itu mengandung keadilan atau tidak akan ditent","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42389783","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}

{"title":"Nilai Pancasila Dalam Penanggulangan Bencana Alam Berdasarkan Undang-Undang Penanggulangan Bencana","authors":"E. Erlinawati","doi":"10.25041/plr.v1i1.2062","DOIUrl":"https://doi.org/10.25041/plr.v1i1.2062","url":null,"abstract":"The implementation of natural disaster management cannot be separated from Pancasila and the 1945 Constitution which underlies it. The values of Pancasila are explored and found from the values that have grown and lived in society, namely the values of divinity, humanity, unity, society and justice. In society these values remain valid and constitute a unified whole, inseparable and referring to one goal. This study aims to determine whether the values of Pancasila contained in Law Number 24 of 2007 concerning Disaster Management, and how the implementation of the values of Pancasila in natural Disaster Management. The research method used is empirical normative legal research with statute approach, this paper is descriptive, using primary data and secondary data are qualitative. The results of data analysis are discussed using the statute approach and conceptual approach. The result of the research is that Law Number 24 Year 2007 contains the values of Pancasila, namely the values of divinity, humanity, unity, society and justice. The values of humanity, society and justice, besides being explicitly mentioned in several articles, are also implicit in the articles. The value of God and unity is implied in several articles. The implementation of Pancasila values in natural disaster management in South Lampung Regency is manifested in the activities of disaster management, starting from pre-disaster, during emergency response and post-disaster.","PeriodicalId":52575,"journal":{"name":"Pancasila and Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42096551","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}