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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 73 Documents
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Educating Beginner Voters: Yogyakarta KPUD's Role, Criticisms, and Recommendations in 2024 Election Akbar, M. Fabian; Lingganingrum, Laras; Mareto, Irvan; Akbar Napitupulu, Ichwan Rizki
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.v5i1.3320

Abstract

Engaging first-time voters in the 2024 General Election is vital for a healthy democracy. The General Election Commission of Yogyakarta City is concerned that many new voters lack understanding of democratic processes, which might lead to lower turnout. To address this, the Commission is running educational programs in schools and universities. This research looks at these efforts and their impact on first-time voters. It shows that effective political education can increase awareness and participation among young voters. The findings suggest that these educational programs help first-time voters get involved in the election, making the process more effective and inclusive. The research highlights the importance of ongoing political education to strengthen democratic participation.
Election Campaigns in Government Facilities, Places of Worship, and Education Units Utama, Alif Wili
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.v5i1.3338

Abstract

The use of educational institutions for campaign activities is prohibited. In the application reviewed in Constitutional Court Decision Number 65/PUU-XXI/2023, it was argued that the Explanation of Article 280, paragraph (1), letter h could lead to constitutional harm for plaintiffs, both as voters and candidates for the DKI Jakarta Provincial DPRD. This harm arises from legal uncertainty concerning the prohibition of campaigns in government facilities, places of worship, and educational institutions. The legal uncertainty stems from a contradiction between the Article and its Explanation (contradictio in terminis). While Article 280, paragraph (1), letter h explicitly prohibits campaigns in these locations without exception, the Explanation contradicts this by allowing campaigns if they are invited by the responsible party and conducted without campaign materials. This discrepancy between two provisions—despite the Explanation not being a normative rule but rather a formulation of norms—creates ambiguity in the legal framework. This study employs library and normative research methods, examining legal materials from sources such as laws, court decisions, books, journals, and articles. The goal is to develop concepts and ideas related to campaign prohibitions from a democratic election perspective, drawing from the aforementioned literature.
The Oversight Role Of Legislative Institutions In Emergency Situations (Comparison Of Indonesia With The United States) Putri, Rizqya Nafila; Ausath, Muhammad Ali
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.v5i1.3376

Abstract

An emergency situation disrupts the normal functioning of a country, rendering standard laws and procedures ineffective. In such cases, extraordinary measures are required, and the President, as the executive authority, is granted significant powers to address the emergency. The House of Representatives (DPR), as the legislative body, is responsible for overseeing the executive branch. However, the oversight function of the DPR appears to be suspended during emergencies under Government Regulation in Lieu of Law Number 23 of 1959 (Perppu Keadaan Darurat). Furthermore, there are no clear guidelines defining the DPR's role during states of emergency in Indonesia. The DPR's oversight function is crucial and cannot be eliminated, as it represents the people's interests and voices. This article employs a normative juridical method, incorporating conceptual, comparative, and legislative approaches with a descriptive analysis. It aims to explore the role of legislative oversight in emergency situations in both Indonesia and the United States, comparing the effectiveness of their oversight systems in preventing power abuse and protecting human rights. The United States has established regulations to ensure legislative oversight during emergencies, thereby preventing arbitrary actions by the executive. Indonesia could benefit from adopting similar mechanisms to enhance its legislative oversight during emergencies and better protect human rights.
Ethical Criticism of Constitutional Court Decision Number.90/PUU-XXI/2023 Concerning Minimum Age Limits for Presidential and Vice Presidential Candidates Prasetyo, Yogi; Indiantoro, Alfalachu; Isnandar, Aries
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.v5i1.3431

Abstract

This research article provides a critical analysis of Constitutional Court Decision No. 90/PUU-XXI/2023, focusing on the serious ethical violations committed by judges during the decision-making process. The study is significant due to the impact these violations have had on the legal field. Employing a literature review combined with a legal philosophical approach, the research utilizes relevant literature to investigate the issues surrounding the decision. The findings reveal that the Constitutional Court's ruling was marred by substantial ethical breaches. Additionally, the analysis highlights various weaknesses in the decision, including problematic motives, methods, processes, and the negative consequences arising from the ruling. Overall, the study underscores that the decision, influenced by serious ethical misconduct, is fraught with numerous issues and deficiencies.
Electoral Reforms for Inclusive Representation: Accessing The Legal Rights of Minority in Nigerian Politics Ogedengbe, John Afolabi
Constitutionale Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i2.3496

Abstract

Nigeria as a multi ethnic society is repeatedly plagued with the cries for more inclusive representation and participation from minority groups. An attempt in creating a more balanced perception of inclusiveness has produced the federal character principle which is to be applied in political appointments and across federal agencies with the aim at addressing ethnic-related concerns. Despite this step taken in curing this supposed biased, there still remains unsatisfied clamors for more inclusive representation by other minority groups in politics. This article aims to critically examines the necessity of electoral reforms in Nigeria, with a focus on the legal rights of minority groups within the political landscape to promote more inclusive representation. Flowing from the aim, it further examines the current challenges faced by minority communities in Nigeria as to active political participation, and inclusivity in governance. In evaluating the ripple effects of this lack of inclusive representation, on Nigeria politics, doctrinal research methodology was adopted herein as the work examine the Nigerian Constitution and other legal framework pertaining to Elections and the for Electoral Reform in Nigeria. The article founds that there has been a lot of bias in the political landscape of the Country, and such needed to be holistically looked into. Lessons were drawn from Rwanda regarding the inclusive democracy they practice. The article recommends comprehensive reforms focused on ensuring fair representation through legislative measures and adjustments to the electoral system. It also emphasizes the need for a redefined electoral landscape that amplifies the voices of minorities, promotes diversity, and strengthens the nation's democratic foundation.
Towards A Juristocratic State: A Critical Analysis Of The Constitutional Court Decision No 90/Puu-Xxi/2023 Concerning The Age Limits Of Vice Presidential Candidates Dian Pratama, Alip; Flambonita, Suci; Rumesten RS, Iza; Rasyid, Muhamad; Yunithia Putri, Taufani
Constitutionale Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i2.3515

Abstract

The Constitutional Court Decision Number 90/PUU-XXI/2023 Concerning the Age Limit for Vice Presidential Candidates in the 2024 Presidential Election has caused much controversy, both politically and legally. This decision has profound implications for Indonesia’ political configuration, as it grants constitutional legitimacy to Gibran Rakabuming Raka, enabling him to run as a candidate for vice president of the Republic of Indonesia in the 2024 General Election. In the context of the legal debate, several problems have emerged, including the impact of this decision on the quality of democracy in Indonesia. One key concern is whether this decision is the initial gateway for Indonesia to enter a system called 'juristocracy'. This term refers to a situation where the Constitutional Court Decision justifies the practice of 'negative legislation', where the legislative function is constitutionally only given to the President and the DPR, but the Constitutional Court, through its 'final and binding' decision power, makes this a loophole that potentially damage democracy. This research is focused on examining the decision based on the two fundamental problems outlined above, using a library research method based on normative research, with a conceptual approach as its foundation. The analysis employs the theory of the rule of law to critically assess whether the decision has significant positive or negative implications for the sustainability of democracy and the existence of the rule of law in Indonesia in the future.
Discourse on the Application of Dwangsom on Execution Court Decisions: A Comparison with Netherlands and France Khaliza Fauzi, Maghfira Nur; Erliyana, Anna
Constitutionale Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i2.3538

Abstract

The classic problem in resolving State Administration disputes boils down to the process of implementing decisions by the parties, which in practice still does not fully meet the expectations of justice seekers. If the decision is not implemented, the State Administrative Court (PTUN) imposes administrative sanctions / coercive measures against the losing party, which can be in the form of sanctions for forced payment of money (dwangsom), in order to increase the executable power of the decision. Normally, the same as the General Court, even though currently there are not many cases, it is still a problem. Article 116 paragraph (4) of the PTUN Law regulates the mechanism for coercive measures against the execution of PTUN decisions, but it is still interpreted as containing a "rechtsvacuum". This research uses normative legal research methods through literature study, and uses descriptive analysis with deductive and comparative methods. The results of the research show that the emergence of discourse on the application of dwangsom is interpreted as a means of psychological coercion against the losing parties in order to order them to comply with the ruling. If we refer to the comparison of the French and Dutch State Administrative Court justice systems, in the Administrative Justice system in France, if the government does not implement decisions that are its obligations, then it can be subject to astreinte/dwangsom, likewise in the Netherlands, the longer the decision of the administrative justice body is not implemented, the greater the burden of dwangsom that must be borne by TUN officials.
Existence of Authority Nusantara Capital City in Perspective of Local Government Law Caesar, Rhendy Harnaloustamy
Constitutionale Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i2.3557

Abstract

Establishing the Nusantara Capital City Authority (IKN) through Law No. 3 of 2022 is incompatible with the 1945 Constitution, which only recognizes provinces, regencies, and cities as forms of regional government. The presence of the IKN Authority without the DPRD also raises concerns regarding the supervision and participation of the local community. This article is crafted using a normative legal research method with descriptive analysis. The normative approach is a method to discover and determine what the law should be (ought to be) through analysis of various provisions of legislation by incorporating theories from scientific literature. The statutory approach is employed in this paper, to analyze the existence of the IKN Authority based on a review of laws and regulations pertaining to the law of Regional Government. Data collection in this article involves identifying and cataloging legal materials, researching library materials (writings and scientific works), and other relevant legal sources related to the legal issues discussed in this paper. His appointment by the President also introduces uncertainty in the context of Regional Autonomy as it does not undergo a democratic process. Despite being equivalent to a Minister, the Head of the Authority is still viewed as a local-level administrative official, leading to attributive legal outcomes. Further analysis is required concerning the authority in the legal establishment of the Authority Institution.Although equivalent to a Minister, the Head of the Authority is still considered a local level administrative official, resulting in attributive legal products. Further analysis is needed regarding the authority in the legal formation of the Authority Institution.
Legal Protection Of Well-Known Trademarks Under Indonesian Law Windiantina, Wiwin; Nurastriani, Neneng
Constitutionale Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i2.3430

Abstract

This research evaluates the legal protection of famous trademarks under Indonesian law, examining the extent to which existing regulations safeguard trademarks with strong public recognition. As valuable corporate assets, famous trademarks require effective legal protection to prevent misuse and infringement. However, globalization and technological advancements have intensified intellectual property violations, posing significant challenges to trademark owners. Using a normative juridical approach, this research analyzes relevant legislation and judicial practices in Indonesia while identifying obstacles in maintaining trademark exclusivity in both domestic and international markets. Through this analysis, the research aims to provide policy recommendations to strengthen trademark protection and develop a more adaptive legal framework that responds to technological and global challenges.
Fake Diplomas, Real Consequences: Legal and Ethical Challenges in the Legal Profession Sistyawan, Dwanda Julisa; Neonbeni, Randy Vallentino; Rizal, Muhamad; Kusuma, Ariska Cesar Divian Candra; Husain, Husain
Constitutionale Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i2.3608

Abstract

Integrity and trust are fundamental in the legal profession, yet diploma forgery threatens these values, leading to ethical violations and diminished public trust. This study examines the legal implications of diploma forgery in Case No. 20/Pid.B/2024/PN Tmg, where an individual used a fraudulent diploma to practice law. Using a normative legal approach, the study analyzes court decisions, legal doctrines, and statutory regulations, including Article 263 of the Indonesian Penal Code and Article 69 of Law No. 20 of 2003. Findings reveal weaknesses in verification systems, allowing unqualified individuals to enter the legal profession. To prevent such fraud, the study proposes blockchain-based diploma verification, offering tamper-proof credentialing and real-time authentication. Stricter regulations, enhanced verification, and ethical awareness campaigns are crucial to safeguarding legal integrity. Adopting blockchain verification can restore public trust, ensure professional accountability, and uphold the credibility of legal institutions.

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