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Khairuddin Hasibuan; Budi Sastra Panjaitan; Arifuddin Muda Harahap

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

The renewal of the Criminal Procedure Code (KUHAP) through the Draft Law (RUU) KUHAP opens up space for in-depth philosophical reflection on the relationship between law, justice, and humanity. This article examines the challenges of harmonizing the principle of due process of law, which emphasizes respect for individual rights in every legal process, with the criminal justice system, which is oriented towards efficiency and the purpose of punishment. This harmony is not only a technical and normative matter, but also a matter of shared understanding of what is meant by justice in the context of a more humane and human rights-based criminal justice system. Using a philosophical legal perspective, this article explores the potential for conflict and convergence between the two principles, and seeks common ground within the framework of Pancasila legal values ​​and Islamic law that prioritize humanity, substantive justice, and a balance between individual rights and the public interest. The renewal of the RUU KUHAP, in this context, is not merely a structural change, but a journey towards a legal system that guarantees the depth of justice, which is not only seen from a procedural perspective, but also from the moral and social essence of the law itself.

Rafly Hakim; Muhammad Evan Kurnia

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

This research article has the title "Building a Justice and Dignified Pancasila Law State". In this study, a qualitative method was applied using a normative juridical approach. The data that will be used later is related data from a book, academic writing, report or other written additional source. The source of the data collection correlates with the title under study, the data is collected from main legal sources as well as additional legal sources. The aim of this study is to examine whether the Pancasila legal state has a system that is justice and dignified for its people. The theories used are theories that correlate with the rule of law. The results of the discussion and analysis show that the Pancasila legal state has not fully realized a justice and dignified system. After knowing this, this article will examine how the Pancasila legal state can fulfill these two aspects with efforts to build and reorganize so that the Pancasila legal state can create a system that is justice and dignified for society.

Divani Khaira Anggistya; Alisya Afifah Maulidina Putri Abdillah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The Pancasila Law of Indonesia is a unique and distinct legal concept for the Indonesian nation. The Pancasila Law is the result of Indonesia's long struggle for independence from colonization and the building of a free, democratic, sovereign, just, and prosperous nation. The Pancasila Law is not only based on constitutional documents or laws, but also has a strong philosophical and moral foundation that originates from Pancasila as the foundation of the Indonesian state. The concept of Pancasila Law in the three-dimensional prism, also known as the three aspects of trias politica, consists of functions, structure, and system. These three aspects are interconnected and cannot be separated from each other in carrying out their tasks and functions as the basis of the state law. Thus, the conclusion of the concept of Pancasila law is that it is a unique, complex, and holistic legal system that encompasses the values and principles of Pancasila as the foundation of the Indonesian state. Pancasila law combines legal, philosophical, and moral aspects while accommodating the cultural and religious diversity of Indonesia, and encourages societal participation in policy-making. Pancasila law is the result of the long struggle of the Indonesian people for independence and the building of a sovereign, democratic, just, and prosperous nation.