Constitutionale
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.
Articles
64 Documents
<![CDATA[Public Service Model on Bureaucracy Reform in Lampung Utara ]]>
<![CDATA[Irhammudin Irhammudin]]>;
<![CDATA[M. Ruhly Kesuma Dinata]]>
<![CDATA[ Constitutionale Vol. 3 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/constitutionale.v3i2.2406
<![CDATA[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.]]>
<![CDATA[The Code of Ethics and Disciplinary Management of Political Parties Member ]]>
<![CDATA[Kausar Jumahir Lesen]]>;
<![CDATA[Muhtadi Muhtadi]]>;
<![CDATA[Martha Riananda]]>
<![CDATA[ Constitutionale Vol. 3 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/constitutionale.v3i2.2633
<![CDATA[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.]]>
<![CDATA[Bureaucratic Reform in The Village Government ]]>
<![CDATA[Siti Khoiriah]]>;
<![CDATA[Luzman Qashmal]]>
<![CDATA[ Constitutionale Vol. 3 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/constitutionale.v3i2.2638
<![CDATA[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.]]>
<![CDATA[The Synthesis of Indonesian Socialism According to The Constitution ]]>
<![CDATA[Aurora Jillena Meliala]]>;
<![CDATA[Jonathan Andre Woods]]>
<![CDATA[ Constitutionale Vol. 3 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/constitutionale.v3i2.2694
<![CDATA[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.]]>
<![CDATA[The Authority Enhancement of The Election Supervisory Agency Post The Enforcement of Law Number 7 of 2017 Regarding General Election ]]>
<![CDATA[Dwi Zaen Prasetyo]]>
<![CDATA[ Constitutionale Vol. 3 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/constitutionale.v3i2.2745
<![CDATA[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.]]>
<![CDATA[Definition of The “Minister” in Government Regulation 11/2021 Concerning Village-Owned Enterprises ]]>
<![CDATA[Saptono Jenar]]>
<![CDATA[ Constitutionale Vol. 3 No. 2 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/constitutionale.v3i2.2761
<![CDATA[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.]]>
<![CDATA[The Right of Access to Public Information: Human Rights Issues, Transparency and Good Governance ]]>
<![CDATA[Didier Yangonzela Liambomba]]>
<![CDATA[ Constitutionale Vol. 4 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/constitutionale.v4i1.2601
<![CDATA[The right of access to information is based on both Article 19 of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), which guarantee everyone the right and freedom “to seek, receive and impart information and ideas” by any means of their choice. Article 24 of the Constitution of the Democratic Republic of Congo (DRC) guarantees the right to information in the following terms: “everyone has the right to information”. The effective manifestation of this right to information remains closely linked to the exercise of freedom of expression and opinion on any subject of public interest and its inevitable corollary, freedom of information. The effectiveness of the right to information also depends on citizens' participation in the nation's public life. A population well-informed by its government can fight against fake news and the spread of false rumors while promoting the fight against corruption and good governance. Accessing public information is one of the most important conditions for assessing the democratic management and openness of society to citizen participation. As an inalienable right, access to information is the foundation of a free, democratic and transparent society. The research was based on the legal approach and the comparative method. The former allowed the subject to be approached by grasping the quintessence of the various existing legal standards. The latter helped to compare the various internal and extra-internal legal instruments based on comparative law, particularly French law. This analysis also used the documentary technique and the free interview in the form of a chat with ordinary citizens or any other personality (civil society groups, journalists, entrepreneurs, national and local elected representatives, other professional, political and trade union groups, and civil servants).]]>
<![CDATA[The Decision of The Constitutional Court on Verification of Political Parties ]]>
<![CDATA[Yusuf Mulya Kharismawan]]>;
<![CDATA[Yulia Neta]]>;
<![CDATA[Muhtadi Muhtadi]]>
<![CDATA[ Constitutionale Vol. 4 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/constitutionale.v4i1.2789
<![CDATA[Political parties are the political suprastructure in a democratic country as a means for citizens to occupy political positions through general elections. The requirements for verifying political parties participating in an election are always contained in every election law making it difficult for political parties to pass verification as well as excluding several political parties that have met certain verification requirements so that they are immediately declared as participants in the next elections. This exception is not in accordance with several Constitutional Court Decisions which have the same substance which consistently declares unconstitutional, except for the Constitutional Court Decision Number 55/PUU-XVIII/2020. The research method used is normative juridical regarding laws and regulations, namely Law Number 7 of 2017 concerning Elections, accompanied by comparative study of jurisprudence Constitutional Court's decision regarding an application for judicial review of political party verification accompanied by literature studies. The research analysis uses a qualitative approach to understand more deeply the legal phenomena that occur and examines the substance to obtain specific conclusions on what is studied. That decision based on a discussion of this research is inconsistent because the arguments and materials of the 1945 Constitution used are different and the Constitutional Court is not required to use jurisprudence as a basis for consideration even though there are similarities in substance.]]>
<![CDATA[Constitutional Rights Guarantee and Integrated Licensing System for Sustainable Environmental Development in East Kalimantan ]]>
<![CDATA[Dani Berlan Ramadhan]]>;
<![CDATA[Shaffira Maharannie Putri Arkian Arief]]>
<![CDATA[ Constitutionale Vol. 4 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/constitutionale.v4i1.2937
<![CDATA[Sustainable development in East Kalimantan requires guarantees of constitutional rights and an integrated environmental licensing system. This is important because development that does not pay attention to environmental aspects can have a negative impact on people's quality of life and environmental sustainability. The guarantee of constitutional rights is the first step in protecting people's rights to a healthy and sustainable environment. Meanwhile, an integrated licensing system can minimize adverse environmental impacts and increase compliance and transparency in decision-making. This study examines the importance of guaranteeing constitutional rights and an integrated licensing system in sustainable environmental development in East Kalimantan. The approach used is qualitative by using secondary data such as statutory documents and research reports. The research results show that constitutional rights guarantees and an integrated licensing system are essential in ensuring sustainable development in East Kalimantan. Guaranteed constitutional rights can provide legal certainty and protection of people's rights to a healthy and sustainable environment. Meanwhile, an integrated licensing system can help maintain environmental sustainability and provide legal certainty for investments in sectors that have an impact on the environment. However, there are still challenges in implementing constitutional rights guarantees and integrated licensing systems, such as coordination between agencies, limited human and technological resources, and public awareness about the importance of protecting the environment. Therefore, good coordination between the government, the community and the private sector is needed to protect the environment and ensure sustainable development in East Kalimantan.]]>
<![CDATA[Reformulation of Children’s Restitution to Guarantee Their Constitutional Rights ]]>
<![CDATA[Andre Arya Pratama]]>
<![CDATA[ Constitutionale Vol. 4 No. 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/constitutionale.v4i1.2943
<![CDATA[Children as victims of criminal acts of sexual violence essentially need to get the protection of the welfare and the right to return to grow and develop in accordance with the 1945 Constitution. Losses suffered by children need to be claimed through criminal compensation to the perpetrator or third person, namely the submission of the right to restitution. The mechanism for filing the right to restitution has certainly developed in the rule of law. However, until now it is still an obstacle for victims in fulfilling the filing requirements based on Government Regulation Number 43 of 2017. Of course this will make it difficult for victims to get justice as they should. This article will use normative research, where this research describes the analysis of the problems presented in the research using laws and regulations that refer to Law Number 31 of 2014 and Government Regulation Number 43 of 2017 in accordance with the scope of the discussion of applicable law and comes from literature journals and other sources of information that become references for the author to collect data to complete this research. The results show that the mechanism for implementing the right to restitution is difficult to implement, especially considering that victims tend to be unfamiliar with the law, besides that there are still perpetrators who generally come from the closest family and are not capable and have not regulated the nominal amount of payment that the perpetrator must fulfill. Therefore, it is necessary to reformulate the applicable regulations and related institutions need to play an active role in facilitating victims to fulfill the rights that should be obtained from a criminal offense as a form of effort to realize Human Rights (HAM) itself in the constitutional guarantees of citizens, especially children.]]>
