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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 64 Documents
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Reflection of Political Law in the Development of State Constitution in Indonesia Maghfira Nur Khaliza Fauzi
Constitutionale Vol. 4 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v4i1.2949

Abstract

The existence of goals in the state is in accordance with Emmanuel Kant's opinion that the existence of guarantees relating to the formation and defense is to improve the position of the law. There is a strong impetus that needs to be realized optimally when there is a change in the legal politics of state power, mainly so that there is no deviation from the direction of the law that will make it difficult to achieve the essence of the state. So how is the history related to the dynamics of legal politics in Indonesian state administration, political intervention in the development of Indonesian state administration, and finally how is the comparison of legal politics in national law and Islamic law. The problem approach used in this research is a normative approach. The normative approach is an approach that is carried out by collecting and studying applicable legal regulations that are closely related to research problems which include laws and regulations, official documents, and other sources. The results show that the reflection of the development or dynamics of legal politics in its influence on state administration includes the formation of laws and related authorities between each state institution, which is the basis for the direction of current state development. In this case, it is also seen that the role of legal politics can influence or intervene in the world of state administration, which is so dominating in various state administration structures. In this case, it is also necessary to see the role of legal politics in Islamic law, which is considered to play an important role historically in basic arrangements and is one of the factors in forming the pillars of state administration in Indonesia.
A Comparative Analysis of Constitutional Rights in the Gambia and Indonesia Ousu Mendy
Constitutionale Vol. 4 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v4i1.2951

Abstract

While there is strong advocacy globally on human rights, little attention is paid to constitutional rights in some countries. Many constitutions contain constitutional rights, which are mainly referred to as the bill of rights in their constitutions. This piece presents a comparative exposition of the constitutional rights in The Gambia and Indonesia as constitutional states. Both countries are sovereign, and the strength and lethargy in enforcing these rights in these countries are of great significance in this research. In this research, empirical and normative research approaches are taken to examine both primary and secondary data. Primary materials like the constitutions of the two countries, legislation and court cases on constitutional rights are used. Secondary materials like articles and books are sufficiently used to support this research. Cognizant that a constitution is both a legal and political instrument, the Constitutional Court of Indonesia is undermined to a certain extent by both the House of Representatives and the Executive, and The Gambia’s sparing moments in disobeying High Court orders as regards constitutional rights, this research finally reaches an informed verdict that constitutional rights are different from human rights and approaches to their enhancement ought to be premised on citizenship. The inclusion of legal provisions in constitutions does not, ex cathedra, make institutions strong. Therefore, both countries need a paradigm shift in their national mechanisms to strengthen the institutions that enforce these rights despite the institutional differences in socio-political and socio-legal structures. To do this, the constitutional defense bodies must be comparatively autonomous from other institutions exercising the legislative, executive, and judicial functions to carry out such activities to increase individuals’ and States’ respect for the constitutions and the law and the constitutional rights guaranteed by these constitutions will make fresh and significant strides. 
The Gap in the National Leadership Recruitment Law By Post Reform Political Parties in Indonesia Masduki, Mohammad
Constitutionale Vol 4 No 2 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v4i2.3135

Abstract

Democratic States generally elect a National Leadership to lead a State through the General Election process. In Indonesia itself, post-reform, to determine the position of replacing the National Leadership using the General Election system as stipulated in the constitution with the principles of direct, general, free, secret, honest, and fair which are held every 5 years. Before being elected, the National Leadership in Indonesia must be carried out by political parties in order to become the main spearhead of the people in a Democratic State. However, in determining candidates for National Leadership, it is necessary to carry out recruitment organized by political parties to adjust the vision and mission of political parties and according to the interests and needs of the people. However, there are legal loopholes in the recruitment process for political parties which will have legal ramifications for Indonesia's democratic system. This study uses a normative legal method, with a statutory approach and literature study. This study concludes that there were various legal loopholes contained in the Political Party Law which then collided with the System for Supporting National Leadership Candidates listed in the Election Law which resulted in a regradation of the nature of democracy in Indonesia. Therefore it is necessary to improve the legal loopholes contained in the Law on Political Parties and the Law on Elections to provide concrete improvements system in the recruitment and formation of National Leadership. Such improvement is necessary in an attempt to avoid instant with the hope of avoiding instant recruitment which in terms of national leadership results in the depravity of the state system and leads to a recruitment system that runs in accordance with democracy.
Gender Equality in Law Number 4 of 2019 Concerning Midwifery as a Fulfillment of Citizens' Constitutional Rights : Comparative Study of Indonesia and the Netherlands Angraini, Monica Viny; Hasyimzum, Yusnani; Riananda, Martha
Constitutionale Vol 4 No 2 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v4i2.3138

Abstract

Legal protection of human rights (HAM) is sought to avoid discriminatory acts, especially the midwifery sector as the fulfillment of basic rights inherent and protected by the constitution as stipulated in article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia which states that every citizen has the right to work and a decent living for humanity. Thus violating the right to obtain work between men and women is a violation of human rights. However, Law Number 4 of 2019 Concerning Midwifery contains elements of discrimination in the midwifery profession, where men cannot become midwives, only limited to becoming obstetricians. Meanwhile, women have the freedom to choose to become midwives or obstetricians. The discrimination contained in the Midwifery Law needs to be analyzed from the perspective of the 1945 Constitution, as well as comparing regulations with the Netherlands to be able to describe the problem in depth. This research uses a normative-empirical legal method, which is a research method that will be studied combining 2 elements, namely normative legal elements and empirical legal elements. Normative law is based on literature data such as books in legal science literature, doctrines or expert opinions, scientific papers, articles, and journals, legislation and internet pages related to the problems in this study with author that can be accounted for. Empirical law is carried out based on field data as the main data source, which is generated through interviews with several informants related to the problems in this study. The results show that the formation of Law Number 4 of 2019 concerning Midwifery is considered contrary to some of the contents of the articles contained in the 1945 Constitution of the Republic of Indonesia, and the development of midwifery regulations in Indonesia needs to follow the example of the Netherlands by continuing to make men able to work as midwives, provided that the patient's consent is obtained.
Dynamics of Formil Legal Procedures Establishment of Laws and Regulations Kaharuddin, Kaharuddin; Zaifa, Gilang Abi; Dirkareshza, Rianda
Constitutionale Vol 4 No 2 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v4i2.3144

Abstract

As a state of law, Indonesia certainly cannot be separated from legal policies in terms of drafting laws and regulations. The definition of legal policy is legal policy as a means and procedure that can be used by the government to build a legal system. Based on this, a problem formulation is drawn, namely about how the political pattern of legislation in the Job Creation Law and how the development and participation of the community in making the Job Creation Law. The research method used is normative research, and the approach used is a statutory and conceptual approach. The result of the discussion is that the political pattern determines the purpose of what will be compiled in laws and regulations. In Indonesia, its formation must be based on Pancasila where Pancasila is the fundamental norm of the state. The development of an increasingly critical and wise society must certainly receive attention in order to be involved in the formation of laws and regulations. Community involvement here aims to later the rules formed can be useful for the community.
Affirmative Policy A Necessity for Fulfilling the Political Rights of Persons with Disabilities Pane, Erina; Yanis, Tryan Zaki Aulia
Constitutionale Vol 4 No 2 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v4i2.3164

Abstract

Persons with disabilities have political rights. The right to vote and the right to be elected in general elections. This article examines the political rights of persons with disabilities to be elected in general elections. This is important because the representation of persons with disabilities in the public sphere will voice the rights of persons with disabilities. The purpose of this research is to identify the factors that influence the lack of fulfillment of these political rights for persons with disabilities and to examine the fulfillment of their political rights through affirmative policies. The method used in this research is qualitative with a descriptive analytical approach. Primary data was obtained through in-depth interviews with several informants. Factors contributing to the lack of fulfillment of the political rights of persons with disabilities include education level, welfare, and lack of support from the environment and family. Affirmative policies can serve as an alternative to represent persons with disabilities in the public sphere.
Extending the Legal Standing on Authority Disputes at the Indonesian Constitutional Court Iswandi, Kelik
Constitutionale Vol 4 No 2 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v4i2.3167

Abstract

The growth of state auxiliary organs increases the possibility of conflicting authority. Regrettably, the Indonesian Constitutional Court can only settle authority disputes between constitutional state organs. It is based on Article 24C 1945 Constitution jo. Article 61 Constitutional Court Act 2003 jo. Article 2 Constitutional Court Regulation No. 08/PMK/2006. Thus, how does does authority dispute resolution involve state auxiliary organs? This subject is addressed by normative legal research, which examines secondary evidence in the form of laws, Constitutional Court decisions, and doctrines. Based on the statutatory and conceptual approaches, it is found that the rule of legal standing leads to multiple interpretations about which state organ can have a legal standing in the constitutional court. Furthermore, the legal standing requirements are quite narrow and need to be strengthened to respond to the constitutional dynamics in Indonesia, particularly with the emergence of state auxiliary organs. According to this study, state auxiliary organs, particularly those with constitutional importance, can fulfill legal standing standards. While for the authority dispute which involves other state auxiliary organs, it can be resolved based on their legitimacy. Therefore, Constitutional Court Regulation No. 08/PMK/2006 must be revised to accommodate the settlement of authority disputes between state auxiliary organs.
Legal Framework Publication of State Secrets via Cyberspace in Indonesia Pratama, Yasir Adi
Constitutionale Vol 4 No 2 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v4i2.3196

Abstract

The issue of publishing information and electronic data that fall under the category of state secrets via cyberspace remains unregulated in Indonesia, leading to a complex debate between the state's secrecy and the public's right to access information. This tension has been further intensified by the Fourth Industrial Revolution and the widespread availability of information, making it difficult to distinguish between state secrets and public information. As a result, individuals or entities who disseminate state secrets through cyberspace may not be held accountable unless specific regulations are established. This study adopts a normative juridical approach with a legal and conceptual framework to examine the intersection of state secrets and the publication of information through cyberspace, examining relevant provisions from existing laws and regulations. The study's findings may provide the legal vacuum concerning the criminalization of individuals who have published information or electronic information that may be categorized as state secrets through cyberspace..
Segregation by Design: An Analysis of Apartheid-Enabling Constitutional Provisions Albar, Rafsi Azzam Hibatullah; Kusumadi, Padre Jovianthony; Alfarizi, Rivaldy
Constitutionale Vol 5 No 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i1.3246

Abstract

This paper critically examines constitutional provisions that facilitate apartheid systems, focusing on how these provisions enable the establishment and perpetuation of segregation and discrimination. Despite global condemnation of apartheid, similar traits persist in various jurisdictions today, notably in Israel's treatment of Palestinians and Myanmar's oppression of the Rohingya. This research investigates the constitutions of South Africa, Israel, and Myanmar to analyze how they legitimize and sustain segregationist regimes. Using a substantive and structural comparative analytical approach, the research identifies common factors that enable apartheid practices, including identity-based citizenship conditions, discriminatory treatment provisions, restrictions on the political participation of marginalized groups, and entrenched power structures. The findings reveal that apartheid-enabling provisions do not always explicitly endorse segregation but often grant broad legislative powers that can be exploited, as seen in Apartheid South Africa. Similarly, the constitutions of Israel and Myanmar provide constitutional protection to select ethnic groups, thereby institutionalizing segregation. The research concludes that four key elements common to the studied constitutions contribute to the maintenance of apartheid systems: differentiated citizenship status, legitimized segregationist practices, limited political participation for certain groups, and entrenched power structures resistant to reform.
Regional Autonomy in Indonesia after the Second Constitutional Amendment: Assessing its Developmental Delivery Mendy, Ousu
Constitutionale Vol 5 No 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i1.3279

Abstract

As regional autonomy through decentralization becomes increasingly prevalent worldwide, it has also been enshrined as a constitutional principle in Indonesia. This approach was adopted following constitutional amendments aimed at shifting authority from the national to the local level, with the intention of enhancing governance quality and standards. Indonesia has implemented a thorough decentralization strategy since the late 1990s, granting subnational governments the autonomy to select programs that better address community needs and regional development goals. This research seeks to evaluate the extent to which regional autonomy has achieved its objectives. To accomplish this, a normative research method is employed, utilizing secondary sources such as journal articles, books, newsletters, and other relevant materials. The research concludes that regional development strategies have not met public expectations and suggests that efforts should focus on reducing significant disparities in social and economic opportunities across the country, as well as improving incomes and living standards in the regions through regional autonomy. This could be pursued through judicial review of laws related to regional autonomy.

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