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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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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): Issue In progress (January 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): Issue In progress (January 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): Issue In progress (January 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): Issue In progress (January 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.

Page 7 of 7 | Total Record : 64

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