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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 6 No 2 (2025)" : 6 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.
Dynamics of Authority Distribution: Exploring Efforts to Re-Centralization Central Government Authority Hidayat, Zanuar Nur; Hariyanto, Moh.; Saputro, Wahyu Eko Bayu; Raghibie, Muhammad Zulfan
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.v6i2.4621

Abstract

This article examines recentralization and its impact on power relations between the central and regional governments in Indonesia. The study employs a doctrinal legal research method using conceptual and statutory approaches with qualitative descriptive analysis. The findings show that recentralization occurs through various legal mechanisms, including the transfer of licensing authority from regional governments to the central government under the Job Creation Law, the imposition of development priorities through the National Strategic Program based on presidential authority, and the revocation of regional regulations by ministers deemed inconsistent with higher laws. These practices have produced asymmetrical and subordinative power relations, significantly reducing regional autonomy. Overall, recentralization threatens regional interests and undermines the principles of decentralization established during the reform era..
Between Legal Certainty and Democratic Legitimacy: The Normative Void of the Constitutional Court Decision No. 135/PUU-XXII/2024 in Indonesia’s Constitutional System Setiawan, Ikhsan; Azimattara, Muchammad Daing
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.v6i2.4647

Abstract

General elections are the primary mechanism for realizing popular sovereignty under the 1945 Constitution of the Republic of Indonesia. Constitutional Court Decision No. 135/PUU-XXII/2024 marks a major shift in electoral design by separating national and regional elections, departing from the simultaneous model affirmed in Decision No. 55/PUU-XVII/2019. Although final and binding, the ruling creates a normative void due to the absence of transitional provisions. This study analyzes the constitutional implications of this paradigm shift, examines its consistency with prior jurisprudence, and evaluates regulatory transition options to preserve legal certainty and democratic legitimacy. Using a normative juridical method with conceptual and statutory approaches, the research finds that the divergence between the two decisions weakens legal certainty and risks institutional disruption, electoral disputes, and declining public trust ahead of the 2029 election. The case highlights tensions in the Court’s evolving role and underscores the urgent need for legislative action to establish clear transitional regulations to safeguard electoral stability and democratic legitimacy.
The Reinstatement of Repealed Norms: A Paradox in Post–Constitutional Court Legislative Practice Prasna, Adeb Davega; Putri, Adelia; Yarni, Meri
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.v6i2.4734

Abstract

The Constitutional Court is authorized to review statutes against the 1945 Constitution of the Republic of Indonesia,, and its decisions are final and binding. However, the absence of an explicit prohibition against reenacting annulled norms in Law Number 12 of 2011 in conjunction with Law Number 13 of 2022 on the Formation of Legislation creates legal uncertainty and risks weakening the authority of the Court. This study analyzes the legal implications of Constitutional Court decisions for lawmakers in regulating a prohibition on reenacting revoked norms within the framework of the rule of law. Using a normative legal method with statutory, conceptual, and case approaches, the study finds that Constitutional Court decisions are erga omnes and obligate lawmakers to follow up through amendment, revocation, or normative adjustment. The absence of explicit regulation enables the recurrence of unconstitutional norms and undermines constitutional supremacy. Therefore, clear statutory provisions prohibiting the reenactment of annulled norms are necessary to strengthen legal certainty and preserve the authority of Constitutional Court decisions.

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