FACTUAL REFLECTION OF PANCASILA AS THE BASIS OF THE STATE: UNIFIER AND DEFENSE OF THE INDONESIAN NATION

Pancasila as universal values with a high abstraction nature need to be concretized so that they can live and become the basis for behavior for the people of Indonesia. As the basis of the State for unification and defense from the flow of globalization, Pancasila is actually reflected in the behavior of the government in exercising state power. It is the commitment and attitude of the actions of the symbols of the State that are able to reflect on whether Pancasila can survive as a unifier and defense or not. The discussion shows thatt as the basis of the state, Pancasila is the foundation that unites the diversity of the Indonesian nation in the state, as well as a defense in facing the challenges of world development/globalization. The factual condition of Pancasila as the unifier and defense of the Indonesian nation has been degraded due to the inability of government institutions to realize Pancasila in the life of the state. This degradation can be seen by the emergence of separatist movements that demand to break away from Indonesia, the frequent SARA-related conflicts and the low morality of youth due to the disadvantages of globalization. Therefore, government institutions are obliged and required to be able to realize the values of Pancasila in the life of the nation and state

ENVIRONMENTAL PROTECTION POST ESTABLISHMENT OF OMNIBUS LAW ON JOB CREATION IN THE PERSECTIVE OF LOCAL GOVERNMENT AUTHORITY

The dynamics of regulation of environmental protection, with the publication of the Omnibus Law on Job Creation, has had an impact on the content contained in Law Number 32 of 2009 concerning Environmental Protection and Management. The existence of the Omnibus Law on Job Creation has changed at least 27 articles, added 4 articles, and 10 articles were deleted in Law Number 32 of 2009. This paper aims to reflect on the legal implications of environmental protection after the Omnibus Law on Job Creation on regional authorities. The results of the study show that the Omnibus Law on Job Creation has reduced the authority of local governments in protecting the environment. There have been several withdrawals of local government affairs to the central government (recentralization), as well as the strengthening of evaluation instruments by the central government. This legal implication can be a challenge and a threat to solving problems and protecting the environment in the region. On the other hand, this can reduce the spirit of environmental decentralization and weaken the spirit of regional autonomy

The Reconstruction of Energy Management Law Based on Indonesia Legal System

Two things become an important part of studies in Indonesian law related to energy management. The first, related to the management of natural resources. Second, the energy sector is also related to other sectors, that is forestry, water resources, marine and fisheries, agriculture and plantations, as well as land. Ideally, all of the energy management law must reflect the state ideology, as natural resources energy must be managed for the greater prosperity of the people. Energy should not be administered arbitrarily because, in addition to the utilization, the existence of natural resources should not be separated from the philosophical orientation of Indonesian legislation, Pancasila, and The 1945 Constitution. However, the reality of energy legislation indicates of the authority competes between sectors and alignments to society which is not optimal. It is due to the legal nature of the energy sector which is liberal and still-exploitation oriented and pro-capitalist. By using a socio-legal approach, this paper describes the reconstruction of law-oriented to the Indonesian legal system in energy management based on Pancasila and the 1945 Constitution as the foundation and soul of the energy sector law. Keywords: Reconstruction of Law, Energy Management, the Indonesian Legal System

The Model Of Local Regulation Of The Human Rights Fulfillment Based On Progressive Law

One of the materials for the amendment of the 1945 Constitution is the guarantee of human rights and constitutional rights of citizens. This change can be seen as a manifestation of awareness about the importance of protecting the human rights and constitutional rights of citizens, which grows and becomes the spirit of reform. Local governments have an important role in presenting the spirit of reform by presenting Regional Regulations for the Fulfillment of Human Rights. The material model for the content of the Local regulation Fulfillment of Human Rights based on progressive law relies on three things, namely: laws and regulations that regulate human rights both vertically and horizontally, the contextual reality of the recognition and protection of human rights found in local communities and thirdly for humans and humanity. Systematically, the division of chapters containing the content in it consists of: general provisions; principles and objectives; type of human rights; human rights recognition; protection of human rights; fulfillment of human rights; community participation; guidance and supervision; funding and closing provisions. By using the socio-legal approach, this paper describes the material model for the content of regional regulations regarding the fulfillment of human rights based on progressive law

Evaluation of Indonesian Transmigration Law According to Land Certification for Transmigrants

Implementation of transmigration in Indonesia is still done to date and refers to the normative framework of Law Number 15 Year 1997 on Transmigration. In addition to the lack of attention from the government and local governments towards transmigrants, another issue is that not all of local residents can accept transmigration presence with open hand. This paper aims to evaluate the law of transmigration of Indonesia and provide input for future improvement. Using the doctrinal approach and legal protection theory and rule of law type from Tamanaha, the following findings are found is: 1). The granting of land certification for transmigrants is not clearly defined as the specificity and process in its own section or section of Law No. 15 of 1997 on Transmigration and its amendment and does not contain preventive and repressive legal protections for both transmigrants and local communities in land certification to prevent future legal issues. 2). There are several crucial things that need to be regulated in the future of Indonesian transmigration law: Settlement of transmigration issues in the past; Criteria for transmigrant receiving areas; Timeline for accelerated land titling; Prohibitions for transmigrants related to land rights; Responsible management of land certificate; The cultural approach needs to be noticed in the Transmigration Act; Provision of land services to the local community in the vicinity of transmigrant areas or transmigration settlement units. Keywords: Evaluation, law, transmigration, land, certification

Harmonization of Village Development Planning Law in Lampung Coastal in the Spatial Planning Regime

The development of villages on the coast of Lampung is a realization of maritime axis and village development programs as a development approach undertaken by the government. Lampung is very strategic in coastal village development because it has long coastline. The existing village development in Lampung Coastal area is not optimal yet from various aspects, one of them is related to spatial planning aspect. This paper aims to describe the harmonization of the law of village development in the coast of Lampung in the spatial regime. Using doctrinal approach resulted that finding: Harmonization of law of village development in Lampung coast in spatial regime regulation shows that in regulation of spatial arrangement, content material of rural development in coastal Lampung that formulated have enough consistency between hierarchy of legislation because regulation that regulate RTRW at the district level has detailed well the allocation of regional planning in the context of coastal development planning, but there is apparent incoherence from the content of coastal village development that is unrelated / linked between the above rules and the existing regulations below. Keywords: harmonization, development, village, coastal, spatial planning

Harmonization of Village Development Planning Law in Lampung Coastal in the Village and Local Government Regime

Lampung Province is very strategic in coastal village development because it has a long coastline. The development of villages on the coast of Lampung is a realization of maritime axis and village development programs as a development approach undertaken by the government. However, the development of villages in Lampung Coast is currently not yet optimal from various aspects, one of which is related to the aspects of village legal regimes and local governments. This paper aims to describe the harmonization of village development law on the coast of Lampung within the village and local government regimes. Using the doctrinal approach, it is found that: The harmonization of law of village development in Lampung coastal area in village regime and local government shows that in the regulation of village and local government regulation, the content of village development in the coastal of Lampung formulated is quite consistent between the hierarchy of legislation because of the provincial regulation and regencies governing the village have seen elaboration in the context of coastal development planning in Lampung, but there is still incoherent incoherence from the content of the development of the village territory that is not related to the existing regulations, especially with regard to relational central and local regulations. Keywords: harmonization, development, village, coastal, Lampung

Legal Discourse on Customary Forest Determination Progressive Law Based

Customary forests are an integral part of the life of indigenous and tribal peoples. MK Decision No. 35/PUU-X/2012 is a progressive step stipulating that customary forests are no longer part of State forests. However, after the decision, there is still a long process that the Indigenous Peoples must pass to obtain their rights. This article aims to describe the legal discourse in determining the customary forest. Using doctrinal research methods as well as statutory and conceptual approaches, it was found that: The designation of customary forests is an important matter in the context of implementing the constitutional rights of customary law communities that existed even before Indonesia was established as a sovereign country. The long and procedural process of establishing customary forests requires the support of the regional government through various progressive policies to create indigenous peoples who are sovereign over their customary forests. With the legal credo for humans, progressive law offers an approach that can become the basis for the realization of legal policies for establishing customary forests in the regions

Local Regulation Design on the Protection and Empowerment of the Farmer Based on Law as a Tool of Social Empowering

Farmer has been giving real contribution upon development of agriculture and development of rural economic. The bigness contribution mentioned inversely proportional to the problem suffered by the farmer on field.It is happen the huge amount of decreasing on the number of agriculture’s family and the increasing of the agriculture company number beside the issued of land availability and the present of agricultural facility. Therefore, local government must present with applying the regulation in favour of the farmer. The object of this paper is to described the design of Local Regulation on The Protection and Empowerment of The Farmer. Using the doctrinal approach and legislation theory along with the concept of ‘hukum pengayoman’ and ‘hukum progresif’, produced a design of local regulation as follows: 1). Local Regulation on The Protection and Empowerment of The Farmer must started from real problem which generally occur in a region with basis on it’s enactment upon philosophical, sociological, and juridical aspects (problem based regulation); 2). The role of Local Government, business world and college along with society self-supporting institutions shall given in space of arrangement so that can be related and configurated to achieved the protection and empowerment of the farmer; 3). Giving space acces widely and facilities upon the farmer along with easy of for farmers on doing their betterment and business expansion. Keywords: Farmer, protection, empowerment, design, local regulation

Formula of Local Regulation on Legal Aid for the Poor as an Effort to Fulfillment of Equality Before the Law Rights

Right for being treated equally before the law is human rights guaranted by UUD 1945. Such guarantee can be materialized if there is a space, chance, and equal power to access the law and it is institutions upon the poor. In that case, Local Government must be present with applying regulation which stand upon the poor to acquire legal aid. The purpose of this script is to explain the formula of Local Regulation on Legal Aid for The Poor which capable to realizing guarantee in accordance to the legislation. Used doctrinal approach and legislation theory along with concepts of  “hukumpengayoman” and “hukumprogresif”, produce the formula of Local regulation as follows : 1). Local Regulation on Legal Aid for The Poor must moved from the real problems which in general occur in a region based on it’s formation upon philosophy, sociology and juridical aspects; 2). Roles of local government, business sector and college along with the legal aid institution must given space to arrangement with the result that can be configuration to realizing legal aid for the poor; 3). Give space access extensively along with facilitations upon the poor who need the legal aid. With such formula being expected to give equality before the law which guarantee in UUD 1945 can be realized. Keywords: Poor, aid, legal, compliance, human rights, local regulation