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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 3 Documents
 1 
Search results for , issue "Vol 6 No 2 (2025)" : 3 Documents clear
The Nexus Between Environmental, Climate Change, and Social Impact Assessments in Upholding Environmental Rights in South Africa Van der Bank, Marjone; Van Rooyen, Nicolene
Constitutionale Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i2.4445

Abstract

Section 24 of the Constitution of the Republic of South Africa, 108 of 1996, guarantees environmental rights and promotes sustainable development, yet these rights are not absolute and environmental harm and related human rights violations persist. This article examines the role and interrelationship of environmental impact assessments, climate change impact assessments, and social impact assessments in addressing regulatory gaps and advancing sustainable development. Using a doctrinal and contextual legal approach, it analyses primary sources, including the Constitution, the National Environmental Management Act 107 of 1998 and its regulations, and key case law, notably Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others and Trustees of the Groundwork Trust v Acting Director-General: Department of Water and Sanitation, together with relevant secondary literature. It argues that these three forms of impact assessment operate in a triangulated and interdependent manner, applied at different stages of project development, and collectively contribute to the realisation of section 24 for the benefit of present and future generations.
The Effect of the Nusantara Capital City Authority on East Kalimantan’s Regional Autonomy: A Constitutional Analysis Prasetyoningsih, Nanik; Asela, Cyabriena; Haji Aji, Rajali
Constitutionale Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i2.4455

Abstract

Law Number 3 of 2022 on the Nusantara Capital City has sparked constitutional debate, particularly regarding its effects on regional autonomy in East Kalimantan. The debate centers on the extensive authority granted to the Nusantara Capital City Authority, which functions outside the conventional framework of decentralized local governance. This study evaluates whether the NCCA’s legal structure and powers align with the constitutional principles of decentralization set out in Article 18 of the 1945 Constitution. Through normative legal research using statutory and conceptual approaches, the study finds that the NCCA’s governance model diverges from democratic local governance standards due to the absence of a regional legislative council and an elected regional head. Consequently, the establishment of the NCCA has effectively reduced the autonomous authority of the East Kalimantan provincial government. The study recommends instituting a regular constitutional review mechanism to ensure alignment between national strategic priorities and regional autonomy.
Presidential Term Limit as an Implicit Unamendable Provision In Indonesia's Hyper-Presidentialism Fathi, Muhammad; Tripathi, Anshul
Constitutionale Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i2.4524

Abstract

This article analyzes the paradox between Indonesia’s presidential term limits and the persistence of hyper-presidentialism through a normative juridical approach structured in three stages. First, it interprets Article 7 and Article 37(5) of the 1945 Constitution using grammatical, historical, and teleological methods to assess whether term limits function as implicit eternity clauses. Second, it examines Constitutional Court rulings, including Decision No. 91/PUU-XVIII/2020 and decisions related to the 2024 election, to evaluate how term-limit norms are applied, contested, or strategically used in practice. Third, it situates these legal developments within broader political dynamics, including coalition-building, party co-optation, executive influence over judicial appointments, and the rise of political dynasties. These stages are supported by doctrinal literature on constitutional unamendability and executive aggrandizement. The analysis shows that although the two-term limit is normatively framed as an implicit safeguard against authoritarianism, its effectiveness ultimately depends on the strength of institutional autonomy. In weak institutional settings, it becomes susceptible to erosion through dynastic hyper-presidential practices.

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