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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. 3 No. 2 (2022)" : 6 Documents clear
Public Service Model on Bureaucracy Reform in Lampung Utara Irhammudin Irhammudin; M. Ruhly Kesuma Dinata
Constitutionale Vol. 3 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i2.2406

Abstract

This study aims to identify the implementation of bureaucratic reform and offer several solutions for improving licensing administration services. This research uses a qualitative approach with the type of instrumental case study research. The research was carried out at the North Lampung Regency Licensing Service. Data collection techniques were used: in-depth interviews, document studies and observation. The results showed that the implementation of bureaucratic reform in licensing administration services, from the institutional aspect to the licensing service for North Lampung Regency, was a Stop Service. Aspects of Human Resources show that the qualifications of existing employees are not following the organization's needs, as well as the fact that discipline and responsibility of employees are still relatively low. Regional governance reform begins with the form of regional autonomy. Regional autonomy represents the authority to regulate government businesses that have a local character following initiatives that follow the community's aspirations. Regional governance reform aims to maximize service functions with a more public locality character. Reform of the implementation of regional governance can be carried out by relating to the conception of a new public service oriented towards community services that are responsive to various public values ​​and interests and are also non-discriminatory.
The Code of Ethics and Disciplinary Management of Political Parties Member Kausar Jumahir Lesen; Muhtadi Muhtadi; Martha Riananda
Constitutionale Vol. 3 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i2.2633

Abstract

Violation of the law which includes ethical violations is actually an act contrary to the ethical rules of regulations for members of political parties. Still, these violations indicate an increase in public officials from political parties. As such, it is interesting to research how to determine the model of the code of ethics for members of political parties. It includes members of political parties who are involved as well as public officials. The type of research used in this article is normative-empirical with a statutory approach and is supported by field research. The data obtained were then analyzed qualitatively. The results of the research and discussion show that the enforcement of the code of ethics and party discipline is carried out through prevention and prosecution efforts. Prevention efforts are carried out through continuous guidance for ordinary members, members, and party cadres by the party honors division at each level of the party leadership council. Meanwhile, efforts to take action are carried out by the party ethics and disciplinary committee formed by the DPP, which is tasked with examining and proving any alleged violations of the party's code of ethics and discipline by party members. The party ethics and disciplinary committee is authorized to examine and provide recommendations on whether party members are guilty of violating the code of ethics and/or party discipline on the basis of reports, complaints, or information.
Bureaucratic Reform in The Village Government Siti Khoiriah; Luzman Qashmal
Constitutionale Vol. 3 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i2.2638

Abstract

The state of Indonesia has a grand design and a national time reform roadmap related to good governance 2010-2025. The grand design of Indonesian reform is regulated by presidential regulation no 81 of 2010 and the employee roadmap is regulated by the ministerial regulation of State Apparatus Empowerment and Bureaucratic Reform, overseeing the task of managing the village, namely the village ministry. The purpose of this study was to determine Bureaucratic reform needed to reorganize the bureaucratic process from the highest to the lowest level and make new breakthroughs (innovation breakthroughs) with gradual, concrete, realistic, earnest steps, thinking outside the existing habits/routines (out of the box thinking), a new paradigm shift, and with extraordinary efforts. The method used in data collection is to analyze the data qualitatively by describing the data. The analysis stage starts by collecting data from primary legal materials (Laws and Regulations) by selecting and classifying systematically to find out the general picture of the research. The data that has been collected is analyzed by using descriptive-analytical, analysis qualitatively as well as conceptual approach, constitutional, and historical approaches. The results of this study can be concluded that the implementation should be applied from the center to the regions and villages in Indonesia. Villages also recognize the concept of good governance directly related to the community.
The Synthesis of Indonesian Socialism According to The Constitution Aurora Jillena Meliala; Jonathan Andre Woods
Constitutionale Vol. 3 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i2.2694

Abstract

This article is aimed to narrate the core value of the Indonesian economic system as stipulated by the founding fathers. It was called Ekonomi Kerakyatan (Proletarian Economy), introduced by Muhammad Hatta. It is also a distinctive feature of Indonesian democracy. A system that is centered on people’s empowerment. The Indonesian “third way” was introduced long before Giddens’s idea and it was claimed as authentic Indonesian socialism. One that is rooted in the value of Pancasila as Indonesia’s Weltanschauung  (Philosophische- Grondslag). A People-centered economy based on cooperativism and kinship. The paper used a qualitative method in its research. The first part will explain how Ekonomi Rakyat was defined and postulated under the Indonesian Constitution. Then, it will explain the transformation of the economic legislature and its implication for national development. Lastly, the resolution to reinvigorate the idea of a people-centered economy in Indonesian Economic Democracy and Legal framework is explained. The research finds that Indonesia’s inherent economic system is yet to be implemented in the national legal life and dramatically impacts the nation’s notions of prosperity. In the end, the research concludes that the economic system should be narrated in a sound legal framework, while the legal drafting and enforcement process depends on political commitment.
The Authority Enhancement of The Election Supervisory Agency Post The Enforcement of Law Number 7 of 2017 Regarding General Election Dwi Zaen Prasetyo
Constitutionale Vol. 3 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i2.2745

Abstract

The implementation of elections in Indonesia has its own characteristics, where the regulation of the implementation of these simultaneous elections is set to be one in Law No. 7 of 2017 on General Elections. In addition, this Act also gives the Electoral Observer quasi-judicial authority in the process of dealing with administrative and arbitrary violations of the Electoral Process, with sanctions granted through an Electoral Observer Decision. It attracted the authors to research the electoral supervisory authorities experiencing enlargement and loading and to see the implications of quasi-judicial authority granted through several case analyses. This study aims to analyze the issues following (a) the form of authority enhancement given to Bawaslu and (b) the implementation of Bawaslu's authority in its effort to handle election violations and resolve election disputes in Lampung Province according to Law No. 7 Year 2017 regarding the General Election. The method used in this research is a normative-empirical law study. Data sources of this research are primary, secondary and tertiary law objects using qualitative analysis methods. The result obtained from this research shows enhancement of the election supervisor's authority in the areas of: First, handling process of criminal election violation; Second, the handling of election organizers' ethical code violation; Third, the handling of election administration violation; Fourth, election dispute settlement mechanism. The enhancement of Bawaslu's authority process is a characteristic that is a given quasi-judicial in handling administrative violations and election process disputes that can be seen in 4 (four) election regimes.
Definition of The “Minister” in Government Regulation 11/2021 Concerning Village-Owned Enterprises Saptono Jenar
Constitutionale Vol. 3 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i2.2761

Abstract

Government Regulation Number 11 of 2021 concerning Village-Owned Enterprises (GR VOE) is one of the implementing regulations (verordnung or delegated laws and regulations) of Law Number 11 of 2020 concerning Job Creation (Job Creation Law). However, there is a different definition regarding the word "Minister" stated under Article 1 number 17 GR VOE with that of the provisions in Article 117 number 1 of the Job Creation Law. Definition of the word "Minister" as referred to in Article 1 number 17 GR VOE is a legal issue when it is viewed from a prescriptive because it indicates a vertical inconsistency. In order to discuss these legal issues, the author uses a statutory approach and a conceptual approach. The results of the study show that definition of the word  "Minister" in Article 1 number 17 GR VOE is invalid, because it is not in accordance with its parental act (Job Creation Law) and the principle of lex superiori derogat legi inferiori. Based on the results of the study, the authors suggest that definition of the word "Minister" as referred to in Article 1 number 17 GR VOE needs to be revised in line with Article 117 number 1 of the Job Creation Law.

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