cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Zulkarnain Ridlwan
Contact Email
constitutionale@fh.unila.ac.id
Phone
+6281369592059
Journal Mail Official
constitutionale@fh.unila.ac.id
Editorial Address
B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia
Location
Kota bandar lampung,
Lampung
INDONESIA
Constitutionale
Published by Universitas Lampung
ISSN : 27232492     EISSN : 27459322     DOI : https://doi.org/10.25041/constitutionale
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The Constitutionale Journal is a scientific journal which is the dissemination of constitution and the constitutional law universally. The Constitutional Journal publishes articles that consist of research or conceptual studies regarding the study of basic rights in state’s constitution, election law, (local) governmental law, juridical law, constitutional court, and legislation. This journal is a media intended for academics, practitioners and legal expertise in actualizing research, development and legal and constitutional analysis ideas. The Constitutional Journal is published by the Faculty of Law, Universitas Lampung for two issues a year.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 5 No 1 (2024)" : 6 Documents clear
Segregation by Design: An Analysis of Apartheid-Enabling Constitutional Provisions Albar, Rafsi Azzam Hibatullah; Kusumadi, Padre Jovianthony; Alfarizi, Rivaldy
Constitutionale Vol 5 No 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i1.3246

Abstract

This paper critically examines constitutional provisions that facilitate apartheid systems, focusing on how these provisions enable the establishment and perpetuation of segregation and discrimination. Despite global condemnation of apartheid, similar traits persist in various jurisdictions today, notably in Israel's treatment of Palestinians and Myanmar's oppression of the Rohingya. This research investigates the constitutions of South Africa, Israel, and Myanmar to analyze how they legitimize and sustain segregationist regimes. Using a substantive and structural comparative analytical approach, the research identifies common factors that enable apartheid practices, including identity-based citizenship conditions, discriminatory treatment provisions, restrictions on the political participation of marginalized groups, and entrenched power structures. The findings reveal that apartheid-enabling provisions do not always explicitly endorse segregation but often grant broad legislative powers that can be exploited, as seen in Apartheid South Africa. Similarly, the constitutions of Israel and Myanmar provide constitutional protection to select ethnic groups, thereby institutionalizing segregation. The research concludes that four key elements common to the studied constitutions contribute to the maintenance of apartheid systems: differentiated citizenship status, legitimized segregationist practices, limited political participation for certain groups, and entrenched power structures resistant to reform.
Regional Autonomy in Indonesia after the Second Constitutional Amendment: Assessing its Developmental Delivery Mendy, Ousu
Constitutionale Vol 5 No 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i1.3279

Abstract

As regional autonomy through decentralization becomes increasingly prevalent worldwide, it has also been enshrined as a constitutional principle in Indonesia. This approach was adopted following constitutional amendments aimed at shifting authority from the national to the local level, with the intention of enhancing governance quality and standards. Indonesia has implemented a thorough decentralization strategy since the late 1990s, granting subnational governments the autonomy to select programs that better address community needs and regional development goals. This research seeks to evaluate the extent to which regional autonomy has achieved its objectives. To accomplish this, a normative research method is employed, utilizing secondary sources such as journal articles, books, newsletters, and other relevant materials. The research concludes that regional development strategies have not met public expectations and suggests that efforts should focus on reducing significant disparities in social and economic opportunities across the country, as well as improving incomes and living standards in the regions through regional autonomy. This could be pursued through judicial review of laws related to regional autonomy.
Educating Beginner Voters: Yogyakarta KPUD's Role, Criticisms, and Recommendations in 2024 Election Akbar, M. Fabian; Lingganingrum, Laras; Mareto, Irvan; Akbar Napitupulu, Ichwan Rizki
Constitutionale Vol 5 No 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i1.3320

Abstract

Engaging first-time voters in the 2024 General Election is vital for a healthy democracy. The General Election Commission of Yogyakarta City is concerned that many new voters lack understanding of democratic processes, which might lead to lower turnout. To address this, the Commission is running educational programs in schools and universities. This research looks at these efforts and their impact on first-time voters. It shows that effective political education can increase awareness and participation among young voters. The findings suggest that these educational programs help first-time voters get involved in the election, making the process more effective and inclusive. The research highlights the importance of ongoing political education to strengthen democratic participation.
Election Campaigns in Government Facilities, Places of Worship, and Education Units Utama, Alif Wili
Constitutionale Vol 5 No 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i1.3338

Abstract

The use of educational institutions for campaign activities is prohibited. In the application reviewed in Constitutional Court Decision Number 65/PUU-XXI/2023, it was argued that the Explanation of Article 280, paragraph (1), letter h could lead to constitutional harm for plaintiffs, both as voters and candidates for the DKI Jakarta Provincial DPRD. This harm arises from legal uncertainty concerning the prohibition of campaigns in government facilities, places of worship, and educational institutions. The legal uncertainty stems from a contradiction between the Article and its Explanation (contradictio in terminis). While Article 280, paragraph (1), letter h explicitly prohibits campaigns in these locations without exception, the Explanation contradicts this by allowing campaigns if they are invited by the responsible party and conducted without campaign materials. This discrepancy between two provisions—despite the Explanation not being a normative rule but rather a formulation of norms—creates ambiguity in the legal framework. This study employs library and normative research methods, examining legal materials from sources such as laws, court decisions, books, journals, and articles. The goal is to develop concepts and ideas related to campaign prohibitions from a democratic election perspective, drawing from the aforementioned literature.
The Oversight Role Of Legislative Institutions In Emergency Situations (Comparison Of Indonesia With The United States) Putri, Rizqya Nafila; Ausath, Muhammad Ali
Constitutionale Vol 5 No 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i1.3376

Abstract

An emergency situation disrupts the normal functioning of a country, rendering standard laws and procedures ineffective. In such cases, extraordinary measures are required, and the President, as the executive authority, is granted significant powers to address the emergency. The House of Representatives (DPR), as the legislative body, is responsible for overseeing the executive branch. However, the oversight function of the DPR appears to be suspended during emergencies under Government Regulation in Lieu of Law Number 23 of 1959 (Perppu Keadaan Darurat). Furthermore, there are no clear guidelines defining the DPR's role during states of emergency in Indonesia. The DPR's oversight function is crucial and cannot be eliminated, as it represents the people's interests and voices. This article employs a normative juridical method, incorporating conceptual, comparative, and legislative approaches with a descriptive analysis. It aims to explore the role of legislative oversight in emergency situations in both Indonesia and the United States, comparing the effectiveness of their oversight systems in preventing power abuse and protecting human rights. The United States has established regulations to ensure legislative oversight during emergencies, thereby preventing arbitrary actions by the executive. Indonesia could benefit from adopting similar mechanisms to enhance its legislative oversight during emergencies and better protect human rights.
Ethical Criticism of Constitutional Court Decision Number.90/PUU-XXI/2023 Concerning Minimum Age Limits for Presidential and Vice Presidential Candidates Prasetyo, Yogi; Indiantoro, Alfalachu; Isnandar, Aries
Constitutionale Vol 5 No 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i1.3431

Abstract

This research article provides a critical analysis of Constitutional Court Decision No. 90/PUU-XXI/2023, focusing on the serious ethical violations committed by judges during the decision-making process. The study is significant due to the impact these violations have had on the legal field. Employing a literature review combined with a legal philosophical approach, the research utilizes relevant literature to investigate the issues surrounding the decision. The findings reveal that the Constitutional Court's ruling was marred by substantial ethical breaches. Additionally, the analysis highlights various weaknesses in the decision, including problematic motives, methods, processes, and the negative consequences arising from the ruling. Overall, the study underscores that the decision, influenced by serious ethical misconduct, is fraught with numerous issues and deficiencies.

Page 1 of 1 | Total Record : 6

 1 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol 6 No 1 (2025): Issue In progress (January 2025) Vol 5 No 2 (2024) Vol 5 No 1 (2024) Vol 4 No 2 (2023) Vol. 4 No. 1 (2023) Vol. 3 No. 2 (2022) Vol. 3 No. 1 (2022) Vol. 2 No. 2 (2021) Vol. 2 No. 1 (2021) Vol. 1 No. 2 (2020) Vol. 1 No. 1 (2020) More Issue