Pancasila Seagai Sumber Hukum Tata Negara : Implikasi Terhadap Pembentukan Undang – Undang di Indonesia
(Ashfiya Nur Atqiya, Ahmad Muhamad Musain Nasoha, Diva Senja Andini, Dwi Safa`atun, Aditya Putra Pratama, Rozaky Arfiantama)
DOI : 10.62383/konsensus.v1i5.442
- Volume: 1,
Issue: 5,
Sitasi : 0 23-Nov-2024
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| Last.02-Aug-2025
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As the ideological and philosophical basis of the Indonesian state, Pancasila plays an important role in the formation of national laws and regulations. This journal examines three main aspects of the function of Pancasila in law. First, Pancasila serves as a normative framework to ensure that laws are in accordance with basic values such as justice, humanity, and unity. Second, Pancasila strengthens legal legitimacy and political consensus in the midst of modern political dynamics that are often polarized. Third, there are problems in implementing Pancasila values in law, such as inconsistencies between positive laws and people's aspirations, as well as bureaucratic constraints. In addition, the journal discusses how the values of Pancasila should be instilled and taught, how it helps strengthen constitutional democracy, as well as its relationship to economic law, human rights, environmental issues, and international law. This journal emphasizes how important it is to apply the principles of Pancasila in facing global challenges and maintaining the integrity of the nation. The research method used in this article is a qualitative approach with document analysis and literature studies on laws, court decisions, and other legal sources. The results of the study show that the application of Pancasila in law in Indonesia still faces various challenges, but it has great potential to strengthen the national legal system, especially in the aspects of social justice and constitutional democracy.
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2024 |
Susunan Pancasila Yang Bersifat Hirarkis dan Berbentuk Piramidal, Sebagai Sistem Filsafat,dan Urgensi Pancasila Sebagai Sistem Filsafat
(Ashfiya Nur Atqiya, Ahmad Muhamad Mustain Nasoha, Nanda Widyadinata, Sahara Yuliana, Yunandia Yunandia)
DOI : 10.62383/demokrasi.v1i4.627
- Volume: 1,
Issue: 4,
Sitasi : 0 22-Nov-2024
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Pancasila, as the basis of the Indonesian state, is a philosophical system that underlies national and state life with the principles of divinity, humanity, unity, democracy and social justice. The background to this research focuses on the urgency of Pancasila in globalization and also rapid social change, where new challenges require adaptation so that Pancasila remains relevant and effective. The aim of the research is to analyze the hierarchical and pyramidal structure of Pancasila, the formulation of the relationship between the precepts which complement and qualify each other, as well as the dynamics and challenges faced by Pancasila as a philosophical system. The research method uses library research to collect and analyze data from various relevant sources. The research results show that Pancasila, with its hierarchical structure that positions the precepts in a mutually supportive order, functions as a strong moral and ideological guide. The relationship between the Pancasila principles complement each other and also clarify each other's principles, forming a coherent and comprehensive system. However, challenges such as globalization, social inequality and political dynamics require adjustment and adaptation to maintain the relevance of Pancasila. This research emphasizes the importance of further study and development to ensure that Pancasila remains the basis of a strong and effective state in the modern era.
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2024 |
Kewarganegaraan Sebagai Hak Konstitusional: Penegak Hak Sipil dan Politik di Indonesia
(Ahmad Muhamad Mustain Nasoha, Ashfiya Nur Atqiya, Hanifah Muslimah, Rana Inas Zahira, Dina Setiana Pratiwi)
DOI : 10.62383/konsensus.v1i5.441
- Volume: 1,
Issue: 5,
Sitasi : 0 22-Nov-2024
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This study examines citizenship as a constitutional right in Indonesia, focusing on the foundational principles of citizenship, the roles of state institutions, challenges in the enforcement of rights, and relevant case studies. The research employs a doctrinal legal methodology with a normative approach, incorporating legislative, case law, conceptual, historical, and comparative perspectives. Data is collected from primary, secondary, and tertiary legal sources through a literature review. The analysis reveals that the foundational principles of citizenship are enshrined in the 1945 Constitution of Indonesia (UUD 1945), which includes the right to participate in government, the right to decent work, and other social rights. State institutions such as the President, the People's Consultative Assembly (DPR), and the judiciary play crucial roles in the enforcement of constitutional rights. However, several challenges persist, including human rights violations, injustices within the legal system, and barriers to political participation. Case studies related to administrative issues in the 2024 elections, human rights violations in Papua, and the controversy surrounding the Omnibus Law on Job Creation illustrate practical issues in the implementation of constitutional rights.
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2024 |
Kewarganegaraan dan Kemiskinan : Kebijakan Pemerintah dalam Mengatasi Kemiskinan di Kalangan Warga Negara Asing
(Ahmad Muhamad Mustain Nasoha, Ashfiya Nur Atqiya, M Aufa Mujtaba, Nur Azizah Choirun Nisa, Nanda Ambika Fatikasari)
DOI : 10.62383/referendum.v1i3.320
- Volume: 1,
Issue: 3,
Sitasi : 0 22-Nov-2024
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Poverty among foreign nationals is an increasingly pressing global issue that is often overlooked in public policy. This study examines government policies designed to address poverty among migrants and refugees and their impact on their economic well-being. The main focus of the study is to highlight the effectiveness of different policy approaches that have been implemented in different countries and identify best practices that can be adapted to different national contexts. Through an analysis of existing policies in several countries, including Germany and Canada, and relevant case studies, the study finds that approaches based on social and economic integration, employment, and direct assistance can play a significant role in reducing poverty among foreign nationals. The results show that policies that involve collaboration between governments, non-governmental organizations, and local communities are often more effective in achieving the desired outcomes. This study aims to provide evidence-based recommendations for future development policies that are more inclusive and effective. In doing so, it is hoped that this study will contribute to improving the economic well-being of foreign nationals and assist governments in designing policies that are more responsive to the needs of this group.
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2024 |
Hak Kewarganegaraan dan Kebijakan Pemerintah: Evaluasi Peraturan Perundang-Undangan di Indonesia
(Ahmad Muhamad Mustain Nasoha, Ashfiya Nur Atqiya, A’izzatul Ifada, Bagas Eka Syahputra, Meylin Yunda Safira)
DOI : 10.62383/konsensus.v1i6.437
- Volume: 1,
Issue: 6,
Sitasi : 0 22-Nov-2024
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This research evaluates the effectiveness of citizenship legislation in Indonesia, focusing on Law No. 12 of 2006. The background of this study is based on the importance of protecting citizenship rights within the context of evolving social and political dynamics. The aim of the research is to identify discrepancies between regulations and practices, as well as to analyze the impact of policies on social integration and the protection of individual rights. The methodology employed is normative legal analysis, which includes legislative, conceptual, and comparative approaches, along with data collection through literature review and interviews with legal experts. The findings indicate that although Law No. 12 of 2006 has brought positive changes, the implementation of policies still faces challenges such as inconsistency and administrative obstacles. The implications of this research highlight the need for reforms in citizenship policy that are fairer and more responsive, which can enhance the protection of individual rights and create a more inclusive system for all citizens.
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2024 |
Kajian Kritis atas Hubungan Pancasila dengan Prinsip Hukum Internasional tentang Keadilan dan Kesetaraan
(Ashfiya Nur Atqiya, Ahmad Muhamad Mustain Nasoha, Alfia Nur Khasanah, Fina Amalia Nadi, Lulu’ah Ukhti Isnaini)
DOI : 10.62383/federalisme.v1i3.317
- Volume: 1,
Issue: 3,
Sitasi : 0 22-Nov-2024
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This research aims to explore and analyze the relationship between Pancasila, as the foundation of the Republic of Indonesia, and international principles of justice and equality. Pancasila, which consists of five precepts that reflect the basic values of the Indonesian nation, is expected to serve as a guideline in the application of the principles of social justice and equal rights in the international context. This study uses an analytical approach to evaluate how Pancasila aligns with various international conventions and standards related to human rights and social justice. It also discusses the challenges and opportunities in integrating Pancasila values with global norms, as well as its impact on Indonesia's public policy and international relations. The results show that while there is significant alignment between Pancasila and international principles on justice and equality, there are some challenges in its implementation that need to be addressed to ensure better harmonization between national and international norms.
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2024 |
Kewarganegaraan dan Pengakuan Budaya Lokal : Tantangan Multikulturalisme di Era Modern Indonesia
(Ahmad Muhamad Mustain Nasoha, Ashfiya Nur Atqiya, Maulana Zidane Saputra, Paramitha Maulida Sifa, Ika Diyah Mawarni)
DOI : 10.62383/presidensial.v1i3.318
- Volume: 1,
Issue: 3,
Sitasi : 0 22-Nov-2024
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Purpose of the Study :This study aims to explore the challenges of multiculturalism in Indonesia within the context of citizenship and the recognition of local cultures. It focuses on how cultural diversity can be managed to form an inclusive national identity and address issues such as marginalization, homogenization, and ethnic conflicts. Methodology : The research employs a literature review and qualitative analysis of primary and secondary sources. Data was gathered through a review of existing literature, interviews with community leaders, and observation of public policies related to multiculturalism in Indonesia. Findings : The study reveals that marginalization of local cultures and homogenization due to globalization are major challenges. Conflicts between ethnic groups have also increased due to tensions related to cultural and economic differences. Current public policies do not fully reflect the country's cultural diversity. Conclusion : To address these challenges, it is necessary to strengthen multicultural education, preserve local cultures, and foster intercultural dialogue. Effective management of globalization's impact is also crucial to maintaining cultural diversity. With these measures, Indonesia can build an inclusive and harmonious national identity while reinforcing social cohesion.
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2024 |
Konstitusi dan Perlindungan Hak Kewarganegaraan Ganda : Tantangan dan Solusi di Indonesia
(Ahmad Muhamad Mustain Nasoha, Ashfiya Nur Atqiya, Imro’atus Sholikhah, Sri Hafsari Fakriyah, Khansa Naila Nurhusna)
DOI : 10.62383/federalisme.v1i4.311
- Volume: 1,
Issue: 4,
Sitasi : 0 21-Nov-2024
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Dual citizenship presents a multifaceted issue for many nations,including Indonesia,especially in the context of increasing globalization and international mobility.Under Indonesia’s Citizenship Law No.12 of 2006,only single citizenship is recognizet,which poses various legal and administrative challenges for individuals holding dual citizenship.This study investigates the constitutional and human rights issues surrounding dual citizenship in Indonesia,examining the difficulties arising from the country’s single citizenship policy ang exploring potential solutions.The focus is on legal reforms,the implementation of international treaties,and enhanced international cooperation as means to address these challenges.Findings suggest that revising the Citizenship Law,integrating relevant international treaties,and improving public education on dual citizenship could significantly improve rights protection.The study advocates for Indonesia to consider legal reforms and strengthen international collaboration to better manage and fairly address the complexities of dual citizenship.
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2024 |
Konsep Kewarganegaraan Ganda dalam Tinjauan Hukum Positif dan Hukum Islam
(Ashfiya Nur Atqiya, Ahmad Muhamad Mustain Nasoha, Irfan Ammar Najib, Khanafi Rizki Pratama, Yuliana Fajar Nur Hidayati)
DOI : 10.62383/demokrasi.v2i1.624
- Volume: 2,
Issue: 1,
Sitasi : 0 21-Nov-2024
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| Last.24-Jul-2025
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This research discusses the concept of dual citizenship in the perspective of Indonesian positive law and Islamic law. Dual citizenship refers to the legal status in which a person is recognized as a citizen by more than one country, a phenomenon that is increasingly relevant in the era of globalization. In Indonesian positive law, dual citizenship is generally not recognized, except in special cases such as children from mixed marriages. However, increasing global mobility and individual rights have prompted discussion on the need for wider recognition of dual citizenship. Meanwhile, Islamic law provides a more flexible approach by considering the maqasid al-shariah principle which emphasizes the protection of basic human rights. Through a normative juridical and sociological approach, this research explores how the two legal systems deal with dual citizenship and what the implications are for individuals as well as the state. A comparative study of dual citizenship Dual Citizenship, Positive Law, Islamic Law, Maqasid al-Shariah, Citizenship Regulation practices in several other countries, such as the United States, Canada, Egypt and Pakistan, was also conducted to gain greater insight and understand the best practices that can be adapted in Indonesia. The results show that despite resistance to dual citizenship, its implementation can provide significant benefits, both in terms of protecting individual rights and strengthening international relations. Therefore, it is recommended that Indonesia consider a more comprehensive and inclusive policy regarding dual citizenship, which is in line with positive legal values and Islamic legal principles. This research can hopefully serve as a reference for policy makers and academics in developing regulations that are adaptive to global dynamics.
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2024 |
Pancasila sebagai Landasan Etis dalam Penegakan Hukum terhadap Tindak Pidana Terorisme
(Ahmad Muhamad Musain Nasoha, Ashfiya Nur Atqiya, Tresa Anasti, Dita Ayu Rahmadhani, Shofi Hana Hanifah)
DOI : 10.62383/aktivisme.v2i1.622
- Volume: 2,
Issue: 1,
Sitasi : 0 21-Nov-2024
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The application of Pancasila as an ethical foundation in law enforcement against criminal acts of terrorism in Indonesia highlights the importance of integrating humanitarian values and human rights principles. This article analyses how Pancasila, with its focus on social justice and humane treatment, distinguishes Indonesia's approach from repressive methods commonly applied in other countries. The research method used in this article is a descriptive qualitative approach, which includes document analysis as well as in-depth interviews with various stakeholders, including law enforcement, academics, and deradicalisation practitioners. The data obtained is analysed to evaluate the effectiveness of deradicalisation programmes based on the principles of Pancasila and its impact on reducing radicalisation as well as reintegration of former terrorism perpetrators. By emphasising the need for a balanced policy between security and human rights, the Pancasila-based approach proved to be more effective and sustainable in the long run. Challenges in the consistent application of Pancasila values are faced in the context of globalisation and advances in information technology. The results show that this approach not only reduces radicalisation but also facilitates the reintegration of former terrorism perpetrators into society. In conclusion, the application of Pancasila in law enforcement contributes significantly to national stability and can be a model for other countries in countering global terrorism.
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2024 |