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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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The Theory of Justice and Ultra petita Decisions: A Critical Analysis of Judicial Review in the Constitutional Court Yandy, Eza Tri; Lestiyani, Tri Endah Karya
Constitutionale Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i1.3946

Abstract

Under Law Number 24 of 2003, the Constitutional Court of Indonesia issues three types of decisions: inadmissibility, acceptance, and rejection. Over time, the Court introduced additional categories, including conditional constitutional and conditional unconstitutional decisions. As legal disputes have become increasingly complex, the Court has also issued ultra petita rulings, granting decisions beyond the scope of the petitioner's request. This research examines the evolution of justice theories and their relevance to the ultra petita decisions in judicial review cases. Using a normative legal research approach with conceptual and case-based methodologies, this research analyzes legislative texts, books, journals, and research reports through qualitative descriptive techniques. The findings reveal varying philosophical perspectives on justice: Plato views justice as intrinsic harmony, Aristotle differentiates between general and specific (proportional) justice, and John Rawls emphasizes fairness through the "original position" and "veil of ignorance." The ultra petita ruling in Case 90/PUU-XXI/2023 altered the presidential and vice-presidential age requirement by adding the qualification of previously holding an elected regional position. Meanwhile, Case 60/PUU-XXII/2024 redefined the regional head nomination threshold, setting aside the 20% DPRD seat or 25% vote requirement. Both decisions reflect procedural and substantive justice, ensuring fair outcomes. However, to prevent judicial overreach and uphold legal certainty, clear regulations on the Constitutional Court’s authority in issuing ultra petita decisions are essential..
The Politics Of Agrarian Conflict And Community Struggles For Land Access Rights: The Role Of Contemporary Education Andreas, Ricco; Flambonita, Suci; Zildjianda, Raesitha
Constitutionale Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i1.4012

Abstract

The agrarian conflict in Moro-Moro Register 45, Mesuji Regency, Lampung, has significantly impacted the local community, particularly in restricting children's access to education. The enforcement of Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction and Law No. 30 of 2014 on Government Administration has further complicated the situation by limiting the community's rights to manage and utilize natural resources, making it difficult for residents in forest areas to access adequate educational services. This research examines two key issues: the role of education as a tool of resistance for the Moro-Moro Register 45 community in defending their rights and the impact of agrarian conflict on their struggle for land access. Using a qualitative and socio-legal approach, this research integrates legal analysis with social inquiry, drawing on desk research, direct observations, and in-depth interviews with community members and stakeholders. The findings indicate that the politics of education is a crucial instrument for the Moro-Moro community in advocating for social change, particularly in addressing agrarian disputes and seeking social justice at the governmental level. Furthermore, agrarian conflicts often stem from systemic injustices in the distribution and management of natural resources, with land emerging as a central point of contention between the state, private enterprises, and local communities or small-scale farmers.
Who Pays, Who Rules? A Comparative Constitutional Inquiry into Party Finance Regulation in Indonesia, the Philippines, and Thailand. Mamonto, Moch Andry Wikra Wardhana; Arif, Mohammad; Sjarif, Fitriani Ahlan
Constitutionale Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i1.3668

Abstract

This study examines the regulatory deficiencies in Indonesia’s political finance system, particularly the absence of laws governing party income sources. Although existing rules address campaign spending and financial reporting, they lack limits on donations and fail to restrict high-risk, foreign-linked, or opaque contributions. Using a normative legal method supported by comparative, statutory, and conceptual analysis, the research draws on experiences from Thailand and the Philippines to identify best practices for reform. It argues that source-based regulation is essential to uphold constitutional equality and electoral integrity. The proposed reform agenda rests on three pillars: introducing statutory ceilings on donations, prohibiting high-risk and anonymous contributions, and institutionalising public financing tied to democratic performance. The findings show that Indonesia’s weak regulatory framework fosters elite capture, erodes internal party democracy, and diminishes public trust. By integrating these reforms, Indonesia can close legal gaps, strengthen constitutional democracy, and contribute to global discourse on political finance reform.
Formulation and Implications of the Job Creation Law on Legal Protection in Indonesia's Forestry Sector Dwiarti, Fitri Setiyani; Syarif, Nurbaiti; Suhartina, Suhartina
Constitutionale Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i1.3934

Abstract

The forestry sector is significantly impacted by the Job Creation Law, which alters the legal framework governing the sector. This paper explores the formulation of forestry policies under the Job Creation Law and examines its implications for forest protection in Indonesia. A normative juridical research method is employed, focusing on the analysis of relevant theories, doctrines, and statutory regulations. Key changes in forestry sector regulations include the confirmation of forest areas, determination of forest area size, modifications to the designation and function of forest areas, the utilization of production and protected forests, business permits, non-tax state revenues (PNBP), use of forest areas outside forestry activities, and the roles of central and regional governments in forest protection. Additionally, the law revises prohibitions on activities leading to forest destruction and adjusts sanctions and procedural laws concerning forest-related criminal cases. These changes raise concerns regarding the potential for increased forest area conversion, reduced community involvement in forest management, and weakened sanctions, particularly the removal of absolute liability, which may undermine effective forest protection.
The Nexus Between Environmental, Climate Change, and Social Impact Assessments in Upholding Environmental Rights in South Africa Van der Bank, Marjone; Van Rooyen, Nicolene
Constitutionale Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i2.4445

Abstract

Section 24 of the Constitution of the Republic of South Africa, 108 of 1996, guarantees environmental rights and promotes sustainable development, yet these rights are not absolute and environmental harm and related human rights violations persist. This article examines the role and interrelationship of environmental impact assessments, climate change impact assessments, and social impact assessments in addressing regulatory gaps and advancing sustainable development. Using a doctrinal and contextual legal approach, it analyses primary sources, including the Constitution, the National Environmental Management Act 107 of 1998 and its regulations, and key case law, notably Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others and Trustees of the Groundwork Trust v Acting Director-General: Department of Water and Sanitation, together with relevant secondary literature. It argues that these three forms of impact assessment operate in a triangulated and interdependent manner, applied at different stages of project development, and collectively contribute to the realisation of section 24 for the benefit of present and future generations.
The Effect of the Nusantara Capital City Authority on East Kalimantan’s Regional Autonomy: A Constitutional Analysis Prasetyoningsih, Nanik; Asela, Cyabriena; Haji Aji, Rajali
Constitutionale Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i2.4455

Abstract

Law Number 3 of 2022 on the Nusantara Capital City has sparked constitutional debate, particularly regarding its effects on regional autonomy in East Kalimantan. The debate centers on the extensive authority granted to the Nusantara Capital City Authority, which functions outside the conventional framework of decentralized local governance. This study evaluates whether the NCCA’s legal structure and powers align with the constitutional principles of decentralization set out in Article 18 of the 1945 Constitution. Through normative legal research using statutory and conceptual approaches, the study finds that the NCCA’s governance model diverges from democratic local governance standards due to the absence of a regional legislative council and an elected regional head. Consequently, the establishment of the NCCA has effectively reduced the autonomous authority of the East Kalimantan provincial government. The study recommends instituting a regular constitutional review mechanism to ensure alignment between national strategic priorities and regional autonomy.
Accountability of Regional Heads to Regional People’s Representative Council Following the Amendment of the 1945 Constitution Muhaimin, La Ode; Taibu , Rahmat; Kahar, Amrun
Constitutionale Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i1.4497

Abstract

Amendments to the 1945 Constitution have reinforced the presidential system at the regional level through the direct election of regional heads and a dismissal mechanism analogous to that of the president. However, key elements of presidentialism in regional governance are obscured by the requirement that regional heads submit an Accountability Report (LKP) to the Regional People’s Representative Council (DPRD), while the DPRD is also positioned within the regional government structure. This research examines, first, how presidential and unitary state perspectives conceptualize the LKP obligation and, second, whether it undermines the DPRD’s role as part of the legislative branch. Using normative legal analysis with juridical and conceptual approaches, the research finds that the relationship between regional heads and the DPRD continues to be framed by unitary state logic, thereby legitimizing central regulations mandating the LKP. In substance, however, this relationship aligns more closely with a presidential framework involving two distinct and coequal regional institutions. The LKP requirement therefore weakens the presidential character of regional governance. Moreover, defining the DPRD as part of the regional executive is conceptually flawed, as it risks implying multiple legislatures in a unitary state. As a representative body, the DPRD belongs to the legislative branch, differing from the DPR only in jurisdiction, and the LKP obligation further obscures this role and conflicts with the principle of checks and balances.
Presidential Term Limit as an Implicit Unamendable Provision In Indonesia's Hyper-Presidentialism Fathi, Muhammad; Tripathi, Anshul
Constitutionale Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i2.4524

Abstract

This article analyzes the paradox between Indonesia’s presidential term limits and the persistence of hyper-presidentialism through a normative juridical approach structured in three stages. First, it interprets Article 7 and Article 37(5) of the 1945 Constitution using grammatical, historical, and teleological methods to assess whether term limits function as implicit eternity clauses. Second, it examines Constitutional Court rulings, including Decision No. 91/PUU-XVIII/2020 and decisions related to the 2024 election, to evaluate how term-limit norms are applied, contested, or strategically used in practice. Third, it situates these legal developments within broader political dynamics, including coalition-building, party co-optation, executive influence over judicial appointments, and the rise of political dynasties. These stages are supported by doctrinal literature on constitutional unamendability and executive aggrandizement. The analysis shows that although the two-term limit is normatively framed as an implicit safeguard against authoritarianism, its effectiveness ultimately depends on the strength of institutional autonomy. In weak institutional settings, it becomes susceptible to erosion through dynastic hyper-presidential practices.
Digital Transformation of Public Participation in Indonesia's Constitutional System: The Effectiveness of the Indonesian House of Representatives' Aspiration Channel as an Instrument of Participatory Democracy Fathullah, Abdusyahid Naufal; Hidayat, Muhamad Alief; Pratama, Andre Arya
Constitutionale Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i1.4635

Abstract

Public participation in Indonesia has increasingly shifted toward digital models following the COVID-19 pandemic, yet substantive engagement remains limited despite 221.56 million internet users and persistent urban–rural digital disparities. Using a socio-legal approach, this study examines the alignment between regulatory frameworks and digital participation practices in the Indonesian House of Representatives (DPR RI), focusing on initiatives such as DPR Now! and the Public Aspiration Agency. The findings show that participation mechanisms remain at the tokenistic consultation level on Arnstein’s Ladder, reflected in a low response rate of 3 percent, weak feedback loops, fragmented platforms, and the absence of a legal mandate to integrate public input into legislative decision-making. Comparative analysis with international models, including Decide Madrid and Taiwan, demonstrates the potential to significantly enhance participation through co-creation mechanisms supported by blockchain and AI-based sentiment analysis. Accordingly, this study proposes the establishment of Digital Deliberation Councils, regulatory harmonization, and constitutional amendments to guarantee digital participation rights, providing a foundation for a more inclusive and deliberative digital democracy in Indonesia.
Dynamics of Authority Distribution: Exploring Efforts to Re-Centralization Central Government Authority Hidayat, Zanuar Nur; Hariyanto, Moh.; Saputro, Wahyu Eko Bayu; Raghibie, Muhammad Zulfan
Constitutionale Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i2.4621

Abstract

This article examines recentralization and its impact on power relations between the central and regional governments in Indonesia. The study employs a doctrinal legal research method using conceptual and statutory approaches with qualitative descriptive analysis. The findings show that recentralization occurs through various legal mechanisms, including the transfer of licensing authority from regional governments to the central government under the Job Creation Law, the imposition of development priorities through the National Strategic Program based on presidential authority, and the revocation of regional regulations by ministers deemed inconsistent with higher laws. These practices have produced asymmetrical and subordinative power relations, significantly reducing regional autonomy. Overall, recentralization threatens regional interests and undermines the principles of decentralization established during the reform era..

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