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Journal of Constitutional Law Society (JCLS)

jcls
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Published by Universitas Bandar Lampung

ISSN : - EISSN : 28295013 DOI : https://doi.org/10.36448/jcls

Core Subject : Education, Social,

Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Journal of Constitutional Law Society (JCLS) is an international journal in the field of constitutional law. JCLS does not rule out accepting scientific articles in State Administrative Law, Government Science, Political Science, International Relations, as long as the scientific studies are related to the development and progress of constitutional law. JCLS is an Open Access Journal that can be accessed and downloaded online and free of charge. JCLS is a journal managed by the Center for the Study of Constitution and Legislation, University of Bandar Lampung, one of the scientific incubators owned by the University of Bandar Lampung. JCLS strives to ensure high visibility and increased citation for all published scientific articles. This journal aims to facilitate scientific work on the latest theoretical and practical aspects of constitutional law and several scientific branches related to the development and progress of constitutional law and state administrative law. JCLS opens opportunities for experts, academics, researchers, practitioners, state administrators, non-governmental organizations, and observers of constitutional law and State Administrative Law to submit their manuscripts at any time.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 61 Documents

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CONFIGURATION OF CONTENT MATERIALS ON REGIONAL REGULATIONS ON REGIONAL RESEARCH : KONFIGURASI MATERI MUATAN PERATURAN DAERAH TENTANG RISET DI DAERAH Rudi Wijaya; Eko Raharjo; Rika Septiana
Constitutional Law Society Vol. 1 No. 2 (2022): September
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

The strengthening of the national research system after the promulgation of Law Number 11 of 2019 concerning the National System of Science and Technology (UU Sisnas Science and Technology) requires that the research and innovation system be strengthened in the regions. Legal instruments in the form of regional regulations have an urgency to ensure the sustainability of the research and innovation ecosystem and are also strengthened in the regions. Therefore, the content of regional regulations on research needs to be well formulated so that the content material is not only a copy of the National Science and Technology Law but can adapt to regional conditions, needs, and ongoing conditions.

URGENCY OF RECHTSVINDING AND JURISPRUDENCE IN THE CONSTITUTIONAL COURT AUTHORITY: URGENSI PENEMUAN HUKUM DAN YURISPRUDENSI DALAM KEWENANGAN MAHKAMAH KONSTITUSI Imam Sujono
Constitutional Law Society Vol. 1 No. 2 (2022): September
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Indonesia is a democratic state based on the law (constitutional democratic state), with the understanding that the Constitution has a position as the supreme law because the whole administration of the state should be based on the Constitution. The Constitutional Court was present as the guardian of the constitution to the realization of the ideals of Indonesia as a democratic state based on law. The research entitled Rechtsvinding and Jurisprudence Used by the Constitutional Court examines the importance of rechtsvinding and the attachment of using jurisprudence in deciding cases according to the authority possessed by the Constitutional Court. This research uses the Socio-Legal method, which is a research method that examines a problem through normative analysis, then uses a non-legal science approach that develops in society. The results of the research that has been done are; 1 Rechtsvinding by the Constitutional Court interpreted as an effort to how the Constitutional Court interpreting the Constitution (1945), testing the laws against the 1945 Constitution, to decide the other cases the authority granted by the 1945 Constitution, 2) The Constitutional Court there is no obligation to be bound and is not there is a prohibition to use the jurisprudence of the Supreme Court.

ELECTION OF REGIONAL HEAD BASED ON HIERARCHY: STRENGTHENING ARGUMENTATION OF THE DISCUSSION OF ABOLISHING DIRECT ELECTIONS IN INDONESIA AND PROPOSED MODELS: PEMILIHAN KEPALA DAERAH BERBASIS HIRARKI: PENGUATAN ARGUMENTASI WACANA PENGHAPUSAN PILKADA LANGSUNG DI INDONESIA DAN USULAN MODEL Taufik Hidayat; Lia Fitrianingrum
Constitutional Law Society Vol. 1 No. 2 (2022): September
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Since the direct election of regional heads (Pilkadasung) has resulted in six major problems. These six big problems gave birth to the discourse of eliminating the Pilkadasung in Indonesia, and replacing it with a new system that is still within the corridors of democracy. The formulation of the problem in this paper are: (1) what arguments can be given in order to strengthen the discourse on the abolition of the Pilkadasung?, and (2) the proposed model that can be given as a substitute for the abolition of the Pilkadasung?. This paper is a conceptual study. Based on state administration practices that occur in the Special Region of Yogyakarta, where the election of regional heads uses the determination method, where Sri Sultan Hamengkubuwono and Sri Paku Alam are appointed by the President as Governor and Deputy Governor (DIY). As well as. practice of state administration in the Special Capital Region of Jakarta, where the Mayor is appointed by the Governor. Then, based on the theory from Manor and Crook. Strengthening the argument that the Pilkadasung is not the only way that is the most democratic, so alternative models can be used with other systems. In an effort to eliminate the six major problems of the Pilkadasung, the proposed model proposed in this paper is a hierarchy-based regional head election. The Governor is appointed by the President, and the Mayor/Regent is appointed by the Governor. The appointment process uses the following mechanisms: (1) an open position auction, (2) a public hearing, and (3) a fit and proper test at the Provincial DPRD for the Governor and at the City/Regency DPRD for the Mayor and/Regent. This mechanism is implemented gradually and transparently.

THE AUTHORITY OF THE CONSTITUTIONAL COURT IN HANDLING CONSTITUTIONAL COMPLAINTS: A COMPARATIVE STUDY WITH GERMANY AND SOUTH KOREA: KEWENANGAN MAHKAMAH KONSTITUSI DALAM MENANGANI PENGADUAN KONSTITUSIONAL: STUDI KOMPARATIF DENGAN JERMAN DAN KOREA SELATAN Desak Ayu Gangga Sitha Dewi; Xavier Nugraha; Melva Emely Laurentius
Constitutional Law Society Vol. 1 No. 2 (2022): September
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Until now, there is still no authority of the Constitutional Court to examine constitutional complaint cases, even though at least 30 (thirty) cases are declared unacceptable because the substance of the petition is constitutional complaint. In several countries, constitutional complaint has become one of the powers of the Constitutional Court as a legal remedy that citizens can take if there is a violation of their constitutional rights, such as in Germany and South Korea. Based on this background, the formulation of the problem in this is first, what is the urgency of adding constitutional complaint as the authority of the Constitutional Court of the Republic of Indonesia? Second, how is the legal construction of the implementation of constitutional complaint in Indonesia? This research is legal research with a statutory, conceptual, and comparative approach. This research will describe first, the urgency of adding constitutional complaint as the authority of the Constitutional Court of the Republic of Indonesia and second, the legal construction of the application of constitutional complaint in Indonesia by comparing the arrangement and implementation of constitutional complaint in other countries, namely Germany and South Korea.

IMPLEMENTATION OF HARMONIZING, FINISHING AND STRENGTHENING THE CONCEPT OF LAW DESIGN WITH PANCASILA VALUES: PELAKSANAAN PENGHARMONISASIAN, PEMBULATAN DAN PEMANTAPAN KONSEPSI RANCANGAN UNDANG-UNDANG DENGAN NILAI-NILAI PANCASILA Basuki Kurniawan; Rohmad Agus Sholihin; Nita Ryan Purbosari
Constitutional Law Society Vol. 1 No. 2 (2022): September
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Harmonizing the conception of draft laws is a process that must be carried out in the formation of laws and regulations, especially at the drafting stage. The aim is to harmonize with Pancasila, the 1945 Constitution of the Republic of Indonesia and other laws and drafting techniques as well as to produce agreement on the regulated substance so that it becomes a statutory regulation which is a unified whole within the framework of the national legal system. In practice, the harmonization of the draft law concept has not been harmonized with the values of Pancasila. Whereas in terms of legal dogmatics and legal theory, the draft law must be harmonized with the values of Pancasila.

APPOINTMENT AND DISCLAIMER OF VILLAGE EQUIPMENT BASED ON LEGISLATION IN INDONESIA: PENGANGKATAN DAN PEMBERHENTIAN PERANGKAT DESA BERDASARKAN PERATURANN PERUNDANG-UNDANGAN DI INDONESIA Muchlis Sadzili; Siti Khoiriah; Yhannu Setyawan
Constitutional Law Society Vol. 1 No. 2 (2022): September
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

This study aims to find out the problems that occur related to the appointment and dismissal of village officials, provide suggestions regarding problems in South Sukadana Village and Bumi Nabung Village, and find solutions to differences in norms related to the laws and regulations governing the appointment and dismissal of village officials. This research is a legal research using a normative writing method using a statutory approach and empirically using a direct field investigation approach by conducting interviews with the South Sukadana Village Head, Bumi Nabung Village Head and Sukadana Sub-District Head. Based on the results of the study, there was an expansion of norms which then caused problems in each village in terms of recommendations issued by the sub-district head. The problem dragged on and there was a temporary stagnation of the wheels of government in South Sukadana Village and Bumi Nabung Village.

ESTABLISHMENT OF QANUN GAMPONG DURIAN KAWAN, SELATAN ACEH: ACCORDANCE OF PRINCIPLES AND PROCEDURE DIFFERENCES: PEMBENTUKAN QANUN GAMPONG DURIAN KAWAN, ACEH SELATAN: KESESUAIAN ASAS DAN PENYIMPANGAN PROSEDUR Musdalizar Musdalizar; Zahlul Pasha Karim; Sitti Mawar
Constitutional Law Society Vol. 1 No. 2 (2022): September
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Qanun Gampong Durian Kawan, South Aceh Regency Number: 05 of 2018 concerning Management and Utilization of Natural Resources (Forest and Water Maintenance Customs) is one of the reusam codification efforts which usually regulates people’s behavior regarding habits carried out by the community in an unwritten form. However, what should be suspected is whether the gampong qanun has gone through the applicable legislative process. The main problem in this study is how the process of forming the Qanun Gampong Durian Kawan is and how the suitability of the process of forming the Qanun is reviewed with the South Aceh Regent Regulation Number 77 of 2017. The methodology in this research uses a qualitative research type with a descriptive approach. The results show that the process of forming Qanun Gampong Durian Kawan, South Aceh Regency Number: 05 of 2018 concerning Management and Utilization of Natural Resources (Forest and Water Maintenance Customs) through 4 stages, namely first, pre-design phase by collecting community aspirations, second, design phase through deliberation with various levels of society, third, the stipulation phase, namely ratifying the qanun based on the results of deliberation decisions and fourth, the promulgation phase, namely signing by the keuchik. Judging by the guidelines for the formation of gampong legal products in South Aceh, in principle, they are appropriate because they use the principle of deliberation, but from a systematic and technical perspective there are still many that are not in accordance with South Aceh Regent Regulation Number 77 of 2017.

ON THE EFFECTIVENESS OF THE PERIODEZATION OF MEMBERS OF THE PEOPLE’S REPRESENTATIVE COUNCIL IN TERMS OF JURIDICAL: EFEKTIVITAS PERIODESASI ANGGOTA DEWAN PERWAKILAN RAKYAT DALAM HUKUM Agus Setiawan; Siti Khoiriah; Chandra Perbawati
Constitutional Law Society Vol. 1 No. 2 (2022): September
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Indonesian Legislative Assembly is the high institutions and public representatives with the authority to design, discuss and establish a law that the state requires. As in Article 7 Verse (4) Act number 13 in 2019 on MD3 that the term of parliament was five (5) years and ended when new members of the parliament were taking an oath. There is a legal vacuum to the effectiveness of the legislative regulatory management, which needs to be examined for whether or not there is a fight on the principle of certainty of law and democracy. To find answers to questions of formulated problems treated using normative law research with a descriptive approach with secondary data. The result of this study has been decided that the effectiveness of the regional autonomy and policy on micro finance as well as law.

REFORM TYPES OF LEGISLATION REGULATIONS IN INDONESIA: REFORMULASI JENIS PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Haryadi Haryadi; Muhammad Syafei; Muhammad Rafi Darajati
Constitutional Law Society Vol. 1 No. 2 (2022): September
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

The arrangement of the types and hierarchies of statutory regulations has been confirmed in Article 7 paragraph (1) of Law Number 12 of 2011. In addition to the provisions of Article 7 paragraph (1), it is also regulated in Article 8 paragraph (1) of the types of laws and regulations established by institutions/agencies/commissions. In Article 8 paragraph (2), it is emphasized that the laws and regulations as referred to in Article 8 paragraph (1) are recognized to exist and have binding legal force as long as they are ordered by more comprehensive legislation high or formed by authority. The expansion of the types of laws and regulations, as confirmed in Article 8 paragraph (1), if it is associated with the provisions of Article 7 paragraph (1), will cause problems. Whether the hierarchical provisions of the legislation in Article 7 paragraph (1) also applies to the provisions of Article 8 paragraph. This research aims to conduct a juridical analysis of whether the laws and regulations in Article 7 paragraph (1) of Law No. 12 of 2011 also apply to the provisions of Article 8 paragraph (1) of Law Number 12 of 2011. Thus, according to the author, the requirements of the hierarchy of laws and regulations as regulated in article 7 paragraph (1) cannot be applied to the laws and regulations stipulated in article 8 paragraph (1). The role of laws and regulations is critical to creating and maintaining harmonization and synchronization of laws and regulations in the sense that their types and hierarchies must be arranged. Hence, there are no conflicts in their implementation.

OMNIBUS LAW METHOD IN FORMATION LOCAL REGULATION: METODE OMNIBUS LAW DALAM PEMBENTUKAN PERATURAN DAERAH Aulia Oktarizka Vivi Puspita Sari A.P; Lintje Anna Marpaung; Rifandy Ritonga
Constitutional Law Society Vol. 1 No. 2 (2022): September
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

-Based on the provisions of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislation that the omnibus law method is carried out in the planning process contained in the Regional Regulation Formation Program. The functions of regional regulations are: first, to carry out regional autonomy and co-administration, and secondly to accommodate special regional conditions and thirdly as an instrument for elaborating higher laws and regulations. Then the authority to form Regional Regulations is in the hands of Regional Governments, Regional Governments include Regional Governments. Research problems discuss the omnibus law method in forming regional regulations and the inhibiting factors of the omnibus law method in forming regional regulations. The research method uses a normative and empirical juridical approach. The results of the research on drafting laws and regulations using the omnibus law method use the process of forming laws and regulations which include the stages of planning, drafting, discussing, validating/stipulating, enacting and disseminating. And the inhibiting factor for the omnibus law method in the formation of the first regional regulations was the lack of competent drafters of laws and regulations in drafting regional laws and regulations. Second, there are no implementing regulations governing the procedures for establishing regional regulations using the omnibus law method. And third, there is no obligation for regions to use the omnibus law method in forming regional regulations.

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Indah Satria

Contact Email cls@ubl.ac.id

Phone -

Journal Mail Official cls@ubl.ac.id

Editorial Address UNIVERSITAS BANDAR LAMPUNG Jl. Zainal Abidin Pagar Alam No. 26 Kelurahan Labuhan Ratu, Kecamatan Kedaton, Kota Bandar Lampung, Lampung, 35142, Kampus Universitas Bandar Lampung

Location Kota bandar lampung, Lampung INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Indah Satria

Contact Email
cls@ubl.ac.id

Phone
-

Journal Mail Official
cls@ubl.ac.id

Editorial Address
UNIVERSITAS BANDAR LAMPUNG Jl. Zainal Abidin Pagar Alam No. 26 Kelurahan Labuhan Ratu, Kecamatan Kedaton, Kota Bandar Lampung, Lampung, 35142, Kampus Universitas Bandar Lampung

Location
Kota bandar lampung,

Lampung

INDONESIA