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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
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Search results for , issue "Vol 5 No 2 (2024)" : 6 Documents clear
Electoral Reforms for Inclusive Representation: Accessing The Legal Rights of Minority in Nigerian Politics Ogedengbe, John Afolabi
Constitutionale Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i2.3496

Abstract

Nigeria as a multi ethnic society is repeatedly plagued with the cries for more inclusive representation and participation from minority groups. An attempt in creating a more balanced perception of inclusiveness has produced the federal character principle which is to be applied in political appointments and across federal agencies with the aim at addressing ethnic-related concerns. Despite this step taken in curing this supposed biased, there still remains unsatisfied clamors for more inclusive representation by other minority groups in politics. This article aims to critically examines the necessity of electoral reforms in Nigeria, with a focus on the legal rights of minority groups within the political landscape to promote more inclusive representation. Flowing from the aim, it further examines the current challenges faced by minority communities in Nigeria as to active political participation, and inclusivity in governance. In evaluating the ripple effects of this lack of inclusive representation, on Nigeria politics, doctrinal research methodology was adopted herein as the work examine the Nigerian Constitution and other legal framework pertaining to Elections and the for Electoral Reform in Nigeria. The article founds that there has been a lot of bias in the political landscape of the Country, and such needed to be holistically looked into. Lessons were drawn from Rwanda regarding the inclusive democracy they practice. The article recommends comprehensive reforms focused on ensuring fair representation through legislative measures and adjustments to the electoral system. It also emphasizes the need for a redefined electoral landscape that amplifies the voices of minorities, promotes diversity, and strengthens the nation's democratic foundation.
Towards A Juristocratic State: A Critical Analysis Of The Constitutional Court Decision No 90/Puu-Xxi/2023 Concerning The Age Limits Of Vice Presidential Candidates Dian Pratama, Alip; Flambonita, Suci; Rumesten RS, Iza; Rasyid, Muhamad; Yunithia Putri, Taufani
Constitutionale Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i2.3515

Abstract

The Constitutional Court Decision Number 90/PUU-XXI/2023 Concerning the Age Limit for Vice Presidential Candidates in the 2024 Presidential Election has caused much controversy, both politically and legally. This decision has profound implications for Indonesia’ political configuration, as it grants constitutional legitimacy to Gibran Rakabuming Raka, enabling him to run as a candidate for vice president of the Republic of Indonesia in the 2024 General Election. In the context of the legal debate, several problems have emerged, including the impact of this decision on the quality of democracy in Indonesia. One key concern is whether this decision is the initial gateway for Indonesia to enter a system called 'juristocracy'. This term refers to a situation where the Constitutional Court Decision justifies the practice of 'negative legislation', where the legislative function is constitutionally only given to the President and the DPR, but the Constitutional Court, through its 'final and binding' decision power, makes this a loophole that potentially damage democracy. This research is focused on examining the decision based on the two fundamental problems outlined above, using a library research method based on normative research, with a conceptual approach as its foundation. The analysis employs the theory of the rule of law to critically assess whether the decision has significant positive or negative implications for the sustainability of democracy and the existence of the rule of law in Indonesia in the future.
Discourse on the Application of Dwangsom on Execution Court Decisions: A Comparison with Netherlands and France Khaliza Fauzi, Maghfira Nur; Erliyana, Anna
Constitutionale Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i2.3538

Abstract

The classic problem in resolving State Administration disputes boils down to the process of implementing decisions by the parties, which in practice still does not fully meet the expectations of justice seekers. If the decision is not implemented, the State Administrative Court (PTUN) imposes administrative sanctions / coercive measures against the losing party, which can be in the form of sanctions for forced payment of money (dwangsom), in order to increase the executable power of the decision. Normally, the same as the General Court, even though currently there are not many cases, it is still a problem. Article 116 paragraph (4) of the PTUN Law regulates the mechanism for coercive measures against the execution of PTUN decisions, but it is still interpreted as containing a "rechtsvacuum". This research uses normative legal research methods through literature study, and uses descriptive analysis with deductive and comparative methods. The results of the research show that the emergence of discourse on the application of dwangsom is interpreted as a means of psychological coercion against the losing parties in order to order them to comply with the ruling. If we refer to the comparison of the French and Dutch State Administrative Court justice systems, in the Administrative Justice system in France, if the government does not implement decisions that are its obligations, then it can be subject to astreinte/dwangsom, likewise in the Netherlands, the longer the decision of the administrative justice body is not implemented, the greater the burden of dwangsom that must be borne by TUN officials.
Existence of Authority Nusantara Capital City in Perspective of Local Government Law Caesar, Rhendy Harnaloustamy
Constitutionale Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i2.3557

Abstract

Establishing the Nusantara Capital City Authority (IKN) through Law No. 3 of 2022 is incompatible with the 1945 Constitution, which only recognizes provinces, regencies, and cities as forms of regional government. The presence of the IKN Authority without the DPRD also raises concerns regarding the supervision and participation of the local community. This article is crafted using a normative legal research method with descriptive analysis. The normative approach is a method to discover and determine what the law should be (ought to be) through analysis of various provisions of legislation by incorporating theories from scientific literature. The statutory approach is employed in this paper, to analyze the existence of the IKN Authority based on a review of laws and regulations pertaining to the law of Regional Government. Data collection in this article involves identifying and cataloging legal materials, researching library materials (writings and scientific works), and other relevant legal sources related to the legal issues discussed in this paper. His appointment by the President also introduces uncertainty in the context of Regional Autonomy as it does not undergo a democratic process. Despite being equivalent to a Minister, the Head of the Authority is still viewed as a local-level administrative official, leading to attributive legal outcomes. Further analysis is required concerning the authority in the legal establishment of the Authority Institution.Although equivalent to a Minister, the Head of the Authority is still considered a local level administrative official, resulting in attributive legal products. Further analysis is needed regarding the authority in the legal formation of the Authority Institution.
Legal Protection Of Well-Known Trademarks Under Indonesian Law Windiantina, Wiwin; Nurastriani, Neneng
Constitutionale Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i2.3430

Abstract

This research evaluates the legal protection of famous trademarks under Indonesian law, examining the extent to which existing regulations safeguard trademarks with strong public recognition. As valuable corporate assets, famous trademarks require effective legal protection to prevent misuse and infringement. However, globalization and technological advancements have intensified intellectual property violations, posing significant challenges to trademark owners. Using a normative juridical approach, this research analyzes relevant legislation and judicial practices in Indonesia while identifying obstacles in maintaining trademark exclusivity in both domestic and international markets. Through this analysis, the research aims to provide policy recommendations to strengthen trademark protection and develop a more adaptive legal framework that responds to technological and global challenges.
Fake Diplomas, Real Consequences: Legal and Ethical Challenges in the Legal Profession Sistyawan, Dwanda Julisa; Neonbeni, Randy Vallentino; Rizal, Muhamad; Kusuma, Ariska Cesar Divian Candra; Husain, Husain
Constitutionale Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i2.3608

Abstract

Integrity and trust are fundamental in the legal profession, yet diploma forgery threatens these values, leading to ethical violations and diminished public trust. This study examines the legal implications of diploma forgery in Case No. 20/Pid.B/2024/PN Tmg, where an individual used a fraudulent diploma to practice law. Using a normative legal approach, the study analyzes court decisions, legal doctrines, and statutory regulations, including Article 263 of the Indonesian Penal Code and Article 69 of Law No. 20 of 2003. Findings reveal weaknesses in verification systems, allowing unqualified individuals to enter the legal profession. To prevent such fraud, the study proposes blockchain-based diploma verification, offering tamper-proof credentialing and real-time authentication. Stricter regulations, enhanced verification, and ethical awareness campaigns are crucial to safeguarding legal integrity. Adopting blockchain verification can restore public trust, ensure professional accountability, and uphold the credibility of legal institutions.

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