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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. 1 No. 1 (2020)" : 6 Documents clear
Recognition of Traditional Villages as Local Government Administrators in Indonesia Based on the Principle of Autonomy Muhtadli Muhtadli
Constitutionale Vol. 1 No. 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (612.406 KB) | DOI: 10.25041/constitutionale.v1i1.2008

Abstract

The state recognizes and respects units of regional government that are special or special in nature. This recognition and respect is valid until the customary law community and their traditional rights are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia as referred to in Article 18 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The state for village autonomy along with its traditional rights is an embodiment of the constitutional provisions in the form of regulating customary villages in the Indonesian government system as stipulated in Law Number 6 of 2014 concerning Villages. Efforts to strengthen the recognition of customary villages need to be realized in the legal politics of regulating customary villages that are just and constitutional so that customary villages can be realized in real terms. This study aims to analyze whether the legal politics of customary village recognition in regional governance is based on the principle of autonomy in Indonesia and its implementation. The method used is empirical normative legal research with a statutory approach and concepts and field studies. The results of the research and discussion show that the legal politics of customary village recognition in the implementation of regional government based on the principle of autonomy in Indonesia is a constitutional mandate and legislation that must be carried out by all parties consequently and fairly. Objectively, Article 18 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia and Law Number 6 of 2014 concerning Villages have fundamental policy directions to strengthen the existence of traditional villages and their traditional rights in a consistent and fair manner in the Indonesian government system.
The Legislative Power of the House of Representatives after the Amendment to the 1945 Constitution of the Republic of Indonesia Anis Musana
Constitutionale Vol. 1 No. 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (629.872 KB) | DOI: 10.25041/constitutionale.v1i1.2009

Abstract

The legislative power after the amendment of the 1945 Constitution of the Republic of Indonesia (UUD 1945) resulted in a shift in legislative authority from the President to the House of Representatives (DPR). The legislative authority after the amendment of the 1945 Constitution predominantly rests with the DPR, however, the President and the Regional Representatives Council are also given the authority to form laws. The powers that be in the DPR do not necessarily make the DPR superior to the President and DPD in terms of legislation. It turns out that the strengthening of the legislative power that is in the DPR as a legislative body cannot prove that the resulting regulations are commensurate with the increased authority obtained after the amendments to the 1945 Constitution. In fact, regulations originating from the President and DPD as executive bodies appear to be more active than those that originate. from the DPR. This study aims to thoroughly analyze and map the legislative power of the DPR as well as the legislative power possessed by the President and DPD because after the amendment the three state institutions have legislative powers, if this happens it will have the potential to reduce the legislative power possessed by the DPR. The type of research used is a type of normative research with a Normative-Analytical approach that uses secondary data sources with primary, secondary, and tertiary legal materials.
Validity of the Implementing Regulations of Law Number 7 of 2004 concerning Water Resources Post-Constitutional Court Decision Number 85 / Puu-Xi / 2013 Muhammad Fauzul Adzim
Constitutionale Vol. 1 No. 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (582.208 KB) | DOI: 10.25041/constitutionale.v1i1.2012

Abstract

The power of law of statutory norms under the law after the reference regulation can be canceled by the Constitutional Court. The validity of the legal strength of implementing regulations from Law Number 7 of 2004 concerning Water Resources can be determined through a higher legal norm above it because a higher norm will lead to a basic norm which becomes the source of the legal norms under it. Likewise with implementing regulations of a law, the validity of which is determined by the legal norms above it as a whole or per article because the legal norms above are sourced and lowered as sources. In accordance with the theory put forward by Adolf Merkel in the theory of legal ranking, which states that a legal norm has two faces, das Doppelte Rechtsanlitz. Adolf revealed that a norm is upward as a source and basis for legal norms underneath. Thus, the validity of the implementing regulations of Law Number 7 of 2004 concerning Water Resources will lose its validity when the source norms have been canceled by the Constitutional Court so that amendments to Law Number 12 of 2011 concerning the Formation of Laws and Regulations by the DPR and President.
Institutional Importance in the Indonesian Rigidity System Madon Yanuar
Constitutionale Vol. 1 No. 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (569.76 KB) | DOI: 10.25041/constitutionale.v1i1.2013

Abstract

The formation of special institutions regulated by law has the same status as those regulated in constitution (constitutional importance). The purpose of this paper is to determine the urgency of the existence of a special state institution that has a constitutional importance in Indonesia's strictness system, in this case the state institutions are the National Human Rights Commission and the KPK. The writing method used is to use normative legal research. The results of the discussion illustrate that the emergence of a new state institution that is regulated by law, namely as a functional institution that handles a problem within their respective scope. The conclusion is that to overcome the complexity of problems that arise in society. The recommendation in this writing seeks to ensure that institutions which have the same degree as existing institutions are constituted to be included in the constitution in order to strengthen their position and authority.
Recruitment of First Level Court Judges in a State Administration Perspective in Indonesia Hendi Gusta Rianda
Constitutionale Vol. 1 No. 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (590.443 KB) | DOI: 10.25041/constitutionale.v1i1.2014

Abstract

The ups and downs and political configurations that have occurred in Indonesia since the old order, the new order until the reformation have affected the judicial power system in Indonesia and thus have an impact on the recruitment of first-level court judges. This study aims to determine the recruitment of first-level court judges since the old order until the issuance of the Constitutional Court Decision Number 43/PUU-XIII/2015. This type of research is a normative juridical research by assessing the historical approach and the comparative approach. The results showed that after the Constitutional Court decision Number 43 / PUU XIII / 2015, the recruitment of first-level court judges by the Supreme Court in 2017 was still with the same recruitment pattern as before, namely state civil servants.
Consequences of the Formation of Government Regulation Number 60 of 2016 concerning Bnp Not Fulfilling the Rules of Establishing Prevailing Laws Aryanto Sofyan
Constitutionale Vol. 1 No. 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (584.942 KB) | DOI: 10.25041/constitutionale.v1i1.2018

Abstract

The formation of laws and regulations must be based on the norms that underlie their formation. Government regulations are derivative rules for implementing laws. In the draft Government Regulation, the Ministry has the authority to propose a draft to the President. This study aims to determine whether Government Regulation no. 60 of 2016 concerning Types and Rates of Types of Non-Tax State Revenue (PNBP) has met the principles of forming good laws and regulations and knows the legal consequences that occur if these regulations do not meet the rules for forming good laws and regulations. This type of research is normative juridical legal research. Normatively doing research by assessing the sources of law related to the issues raised. The results of the study show that Government Regulation Number 60 of 2016 concerning Types and Rates of Non-Tax State Revenue (PNBP) does not meet the rules of forming good laws and regulations.

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