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Constitutionale

constitutionale
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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

Search results for , issue "Vol. 2 No. 2 (2021)" : 6 Documents clear

The Regulation of Continuous Election Design’s Implementation Based on the Constitutional Court’s Decision Aufa Naufal Rishanda
Constitutionale Vol. 2 No. 2 (2021)
Publisher : Fakultas Hukum Universitas Lampung

This study aims to describe the consistency of judges' considerations in the Constitutional Court Decision No. 14/PUU-XI/2013 and the Constitutional Court Decision No. 55/PUU-XVII/2019 and its suitability with the design of the election administration according to the 1945 Constitution of the Republic of Indonesia. To measure the consistency of the two Constitutional Court Decisions, the meaning of the original intent of holding elections simultaneously according to the Amendment of the 1945 Constitution of the Republic of Indonesia will be used. This is normative legal research, which uses approach legislation (statute approach) and historical approach (historical approach). The results of this study indicate that the judge's considerations in the Constitutional Court Decision 14/PUU-XI/2013 are inconsistent with the Constitutional Court Decision 55/PUU-XVII/2019. Based on the original intent study, the Amendrs to the 1945 Constitution of the Republic of Indonesia disagreed on the simultaneous implementation of the General Election in Indonesia. So the judge's consideration in the Constitutional Court's decision Number 14/PUU-XI/2013, which requires simultaneous elections, is not following the design of the election administration according to the amendment to the 1945 Constitution of the Republic of Indonesia. Six alternatives for the simultaneous implementation of elections.

Implementation of Good Governance through E-Governance in Modern Law Countries during the Covid-19 Pandemic Neillisa Regga Syahputri; Eny Kusdarini
Constitutionale Vol. 2 No. 2 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Good governance is a form of sound innovation and effective implementation of policies and reparations that are responsive to society's needs. In a modern legal state, the implementation of e-governance demands increasingly complex societal developments, especially during the Covid-19 pandemic, which can change the way people live so that all activities must coexist with technology. This article's approach is qualitative with a systematic literature review as a research method to conduct a comparative study of several kinds of literature by analyzing the data to produce accurate and valid data. This article shows the results of implementing good governance through e-governance in modern law countries by following technological developments amid the Covid-19 pandemic. One of the policies is using e-governance as a means of public service to facilitate the implementation of good governance in all areas of life.

The Polemic on Imposing Castration Sanctions against Pedophiles Perpetrators Based on the Human Right’s Perspective Rakhmat Ubaidillah Ahror
Constitutionale Vol. 2 No. 2 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Sexual violence is a crime against humanity. Because, it is, closely related to human rights Cases of sexual violence caused the government to issue the idea of castration for perpetrators of sexual violence. However, this raises pros and cons in the community. The problem of this research is, how is the imposition of castration sanctions on pedophiles from a human rights perspective, and what are the supporting and inhibiting factors for implementing castration sanctions against pedophiles? The study uses a normative juridical and empirical juridical approach carried out on theoretical matters of legal principles. In contrast, the empirical approach is carried out to study the law in reality through behavioural assessments. The study results stated that the perspective of imposing castration sanctions on pedophile perpetrators also reaped the pros and cons in its implementation. Some thought that castration sanctions were quite effective if applied to perpetrators of sexual crimes to immediately provide a deterrent effect on perpetrators and break the chain of sexual crimes that developed in the community. Opinions against the castration sanction are also criticised by various groups, including human rights activists, because castration is considered a cruel punishment for perpetrators, and cruel punishments aim to torture the perpetrators of the crime, but this is undoubtedly related to human rights. Supporting and inhibiting factors for the implementation of castration sanctions against pedophile perpetrators. Supporting factors for the discourse of castration sanctions on perpetrators of sexual crimes against children are caused by the high number of sexual crimes in Indonesia, which has entered a dangerous stage. It was passed into Law Number 17 of 2016. The inhibiting factor is that castration sanctions are not allowed in the national criminal law system. The purpose of punishment, castration is a violation of human rights, seen from the facilities or facilities. Furthermore, there are obstacles from the executor of the castration crime, namely doctors, because it contradicts the code of ethics (KODEKI). Suggestions in this study should be in imposing criminal acts of sexual violence against children to pay attention to humane punishments without degrading and provide benefits, namely a deterrent effect.

Differences in the Arrangement of Leave Outside the State Responsibility for Presidential Candidates and Incumbent Regional Head Candidates Based on the Equality Before the Law Muhamad Hadiyan Rasyadi
Constitutionale Vol. 2 No. 2 (2021)
Publisher : Fakultas Hukum Universitas Lampung

The existence of differences in leave arrangements outside of the state's responsibility for incumbent candidates in the Presidential and Vice Presidential Election (pilpres) and the General Election of Regional Heads and Deputy Regional Heads (pemilukada) have an impact on the sense of justice in granting political rights attached to citizens. The research describes the arrangements' differences from the equality before the law's perspective. The type of research used is normative legal research with descriptive legal research methods. The problem approach used is statutory, comparative, and conceptual approaches. The data used in this research is secondary data, with a literature study method. Furthermore, the technique used in this research is to collect, identify and analyze the data presented in a qualitative descriptive form. The results of the research and discussion show that there are differences in leave arrangements outside of the state's responsibility for presidential and vice-presidential candidates and incumbent regional heads and deputy regional heads in the presidential and regional elections. Theoretically, every legislation formulation and application must be based on the principle of equality before as a form of social justice.

Realizing a Child Friendly City as Protection towards Children in Indonesia Ahmad Musthafa Azhom
Constitutionale Vol. 2 No. 2 (2021)
Publisher : Fakultas Hukum Universitas Lampung

The future of human civilization are in the hand of children nowadays. In order to. In order to deliver the better future human civilization the government should create a friendly place for children to live on and growth. By that the government of Indonesia has created the regulations where the focus are to protect the rights of the children. In this research aims to know how far the regulations of child-friendly city in the law regulations have reached. This research uses a normative juridical approach, by examining the regulation of a child-friendly city through the laws and regulations. The data analyzed is secondary data in the form of doctrine or opinion of constitutional law experts, and books, including scientific journals, primary data in the form of UUD 1945 and the law regulations. The data obtained were analyzed deductively and thoroughly by using the low systematic research and the hierarchical level of the low regulations. From the research results, it is found that the Government has made efforts in developing Child Friendly City. Facilitated by the relevant law regulations that are built on the basis of commitment from each network actor to create a Child Friendly City so the policy can run effectively, efficiently and on target. with the character of each related institution in each child protection program, creating the opportunity for the creation of a child-friendly city by accepting ideas and suggestion for the policy of Child Friendly City to build the same perception..

The Legitimacy of Presidential Threshold Towards Indonesian Citizens’ Democracy and Constitutional Rights Imam Pratama Rifky
Constitutionale Vol. 2 No. 2 (2021)
Publisher : Fakultas Hukum Universitas Lampung

A presidential threshold or a threshold for presidential candidacy dramatically hinders a person's democratic rights. This is because a person can rightfully nominate and elect themselves through a political party, which must be limited due to this system. The Presidential Threshold could eliminate the fundamental rights of the people in the constitution, where every citizen has the right to be elected and to vote. This statement is stated in Article 28(D) paragraph 3 of the 1945 Constitution, later revealed to be Law No.39 of 1999. With the existence of this presidential threshold, it is feared that it could injure the law's mandate. The research aims to determine whether the presidential threshold injured democracy and the mandate of the 1945 constitution. This research uses a normative approach. The research will focus on the principles, comparisons and history of law. The presidential threshold will close the space for political parties to carry the best presidential and vice-presidential candidates for the community. This automatically kills democracy, political parties' constitutional rights, and the people's right to choose the best and quality, leaders.

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Contact Name
Zulkarnain Ridlwan

Contact Email
constitutionale@fh.unila.ac.id

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+6281369592059

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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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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