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UNIVERSITAS BANDAR LAMPUNG Jl. Zainal Abidin Pagar Alam No. 26 Kelurahan Labuhan Ratu, Kecamatan Kedaton, Kota Bandar Lampung, Lampung, 35142, Kampus Universitas Bandar Lampung
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Journal of Constitutional Law Society (JCLS)
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 71 Documents
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THE ROLE OF THE KOLAKA REGENCY ELECTION SUPERVISORY AGENCY IN PREVENTING MONEY POLITICS IN THE 2024 ELECTION: PERAN BADAN PENGAWAS PEMILU KABUPATEN KOLAKA DALAM PENCEGAHAN MONEY POLITIC PADA PEMILU 2024 Dedihasriadi, La Ode; Ananda, Adhe Ismail
Constitutional Law Society Vol. 4 No. 2 (2025): September
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v4i2.104

Abstract

This study aims to analyze the effectiveness of the role of the Kolaka Regency Election Supervisory Agency (Bawaslu) in preventing the practice of money politics in the 2024 election and identify its inhibiting factors. This study uses a juridical-empirical method with a descriptive qualitative approach. Primary data was obtained through direct interviews with members of the Kolaka Regency Bawaslu, while secondary data came from official documents, laws and regulations, and related literature. The results of the study show that although Bawaslu has carried out its supervisory duties, challenges such as limited human resources, low legal awareness of the community, and obstacles in proving the practice of money politics are significant obstacles in prevention. This study provides recommendations to increase the capacity of Bawaslu and strengthen the role of the community in reporting violations.
INSTITUTIONAL DESIGN AND CONSTITUTIONAL LEGITIMACY OF HUMAN RIGHTS SUPPORT INSTITUTIONS AFTER REFORMATION IN INDONESIA: DESAIN KELEMBAGAAN DAN LEGITIMASI KONSTITUSIONAL LEMBAGA PENUNJANG HAM PASCA REFORMASI DI INDONESIA Yandy, Eza Tri; Masburiyah; Lestiyani, Tri Endah Karya; Sulaeman
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.134

Abstract

The normative framework of Articles 28A–28J of the 1945 Constitution and Law No. 39 of 1999, as well as the establishment of independent institutions supporting human rights protection as a manifestation of the state's commitment to guaranteeing the constitutional rights of citizens and fulfilling its international obligations, marked a significant transformation of Indonesia's human rights protection system during the transition from the New Order regime to the Reform era. This research attempts to fill the gap in comprehensive analysis of the institutional legitimacy of human rights, the urgency of their establishment, and the problems in the implementation of their functions and authorities. Legal materials are examined both descriptively and qualitatively in this study, which employs a normative juridical method with a legislative, case, and conceptual approach. The study's findings indicate that while the normative and institutional framework for human rights protection has been comprehensively regulated, the implementation of these institutions' functions still faces three main problems: overlapping authority (for example, between the Attorney General’s Office and the National Commission on Human Rights in handling serious human rights cases), limited resources (budget and institutional capacity), and sociological aspects (low public awareness of the law). Therefore, there are three main aspects as recommendations from the institutional constraints faced, namely strengthening the regulatory framework of authority, establishing coordination mechanisms between institutions, and providing adequate institutional capacity support.
CONSTITUTIONAL REVIEW OF THE RIGHT TO EDUCATION: AN ANALYSIS OF CONSTITUTIONAL COURT DECISION NO. 3/PUU-XXII/2024: TINJAUAN KONSTITUSIONAL TENTANG HAK ATAS PENDIDIKAN: ANALISIS KEPUTUSAN MAHKAMAH KONSTITUSIONAL NOMOR 3/PUU-XXII/2024 Putra, Rengga Kusuma; Saraswati, Retno; Hermanto, Bagus; Wardhani, Lita Tyesta Addy Listya; Nugraha, Satriya
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.136

Abstract

Decision No. 3/PUU-XXII/2024 of the Constitutional Court of the Republic of Indonesia represents a significant development in the trajectory of Indonesian legal politics, particularly in relation to right to education as the constitutional protection enshrined in the 1945 Constitution. Although the ruling carries substantial implications for the interpretation of state obligations in the education sector, scholarly discussion has largely focused on the doctrinal aspects of constitutional adjudication, leaving limited attention to the broader fiscal and political implications of the decision within Indonesia’s governance framework. This study therefore seeks to examine the constitutional meaning and policy consequences of the ruling through a descriptive qualitative approach, with particular attention to the normative structure of the Court’s reasoning and the social justice values underlying its interpretation. The analysis focuses on how the Constitutional Court articulates the relationship between constitutional mandates, state responsibility, and the protection of individual educational rights within the broader framework of Indonesia’s welfare-oriented constitutionalism. The findings indicate that Decision No. 3/PUU-XXII/2024 strengthens the constitutional status of education as a positive right that requires active state intervention. At the same time, the ruling clarifies the scope of governmental obligations in ensuring equitable access to education while implicitly raising questions regarding fiscal allocation, institutional capacity, and policy prioritisation in the implementation of constitutional guarantees. By situating the decision within the broader discourse on the political theory of education law and the adjudication of socio-economic rights, this article contributes to the development of a normative framework that understands education not purely as a matter of public policy but as a constitutionally mandated instrument for achieving social justice. Ultimately, the study argues that the decision reflects a more responsive orientation in Indonesian legal politics, one that seeks to align constitutional interpretation with the pursuit of substantive equality in the national education system.
RECONSTRUCTING THE JUDICIAL SUPERVISION PARADIGM IN INDONESIA: ANALYSIS OF CONSTITUTIONAL COURT DECISION NO. 39/PUU-XIII/2015: REKONSTRUKSI PARADIGMA SUPERVISI DI INDONESIA: ANALISIS KEPUTUSAN MAHKAMAH KONSTITUSIONAL NO. 39/PUU-XIII/2015 Budiman, Arif; Arifin, Firdaus
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.146

Abstract

This study examines fundamental weaknesses in judicial supervision in Indonesia following Constitutional Court Decision Number 39/PUU-XIII/2015. Using normative legal research with statutory, case-based, conceptual, and comparative approaches, the research identifies a critical research gap: the absence of comprehensive frameworks that integrate oversight of judicial technical reasoning with ethical evaluation in ways that maintain judicial independence while strengthening institutional accountability. This study theoretically contributes to the development of balanced independence-accountability theory by reconceptualizing judicial supervision as a system that enables rather than constrains judicial professionalism. The findings indicate three central issues. First, Constitutional Court Decision Number 39/PUU-XIII/2015 has significantly narrowed the authority of the Judicial Commission by restricting oversight related to judicial technical matters, creating institutional vulnerability. Second, both internal and external supervisory mechanisms failed to detect early indications of bribery in the acquittal verdict of Gregorius Ronald Tannur, despite striking inconsistencies between the court's legal reasoning and the evidentiary record, demonstrating critical gaps in monitoring systems. Third, judicial supervision in Indonesia remains predominantly reactive rather than proactive, addressing issues only after they surface in criminal proceedings. This study recommends regulatory reform through the enactment of the Judicial Office Bill, revision of the Judicial Commission Law, and integration of artificial intelligence systems with appropriate safeguards to identify anomalous judicial decisions. These measures aim to strengthen preventive mechanisms while preserving judicial independence and ensuring institutional accountability.
SUPERVISION OF THE PEOPLE'S REPRESENTATIVE COUNCIL OVER THE PRESIDENT'S POLICY IN DECLARING A STATE OF EMERGENCY: PENGAWASAN DEWAN PERWAKILAN RAKYAT TERHADAP KEBIJAKAN PRESIDEN DALAM PENETAPAN STATUS DARURAT NEGARA Sagala, Kaleb Anggi Three Putra; Siallagan, Haposan; Sihotang, Januari
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.155

Abstract

This research is motivated by the increasing use of emergency powers by the President in responding to national crises which has the potential to expand executive power and impact the protection of citizens' rights. This research aims to analyze the regulation and effectiveness of the DPR RI's supervision of the President's policy in determining state emergency status based on Article 12 of the 1945 Constitution of the Republic of Indonesia. The method used is normative juridical research with a qualitative descriptive analytical approach through literature study and analysis of statutory regulations. The research results show that normatively the DPR RI's oversight mechanism has been regulated through legislative, budget and oversight functions, including approval of Government Regulations in Lieu of Laws. However, empirically, this supervision still tends to be formal and does not fully guarantee accountability and protection of citizens' rights. Therefore, the DPR RI's supervisory function needs to be strengthened so that the principles of the supremacy of law and constitutional democracy are maintained in emergency conditions.
CRIMINALIZATION POLICY OF DEEPFAKE IN INDONESIAN ELECTIONS: KEBIJAKAN KRIMINALISASI DEEPFAKE DALAM PEMILU INDONESIA Irvan, Rachmat; Setiawan, Junet Hariyo
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.125

Abstract

Technological engineering in the form of artificial intelligence (AI), particularly through deepfake content, has given rise to new forms of cybercrime that are complex and multidimensional. However, Indonesia’s positive law has yet to specifically regulate this phenomenon, resulting in legal uncertainty. This study aims to examine the effectiveness of existing regulations and to formulate an ideal criminalization policy. It employs normative juridical research with statutory and conceptual approaches. The main findings reveal that regulations such as the Electronic Information and Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP) are reactive in nature and do not provide a technical definition of deepfake. This absence complicates digital forensic evidence and law enforcement, further exacerbated by structural weaknesses such as poor inter-agency coordination and low levels of digital literacy among the public. The scientific contribution of this article lies in its proposal for a multidimensional regulatory strategy that not only focuses on legal reform through the formulation of new criminal provisions, but also integrates the strengthening of forensic technology and the enhancement of digital literacy as preventive instruments within criminal law policy.
LEGAL CERTAINTY AND ELECTORAL SEPARATION AFTER DECISION 135/PUU-XXII/2024: KEPASTIAN HUKUM DAN PEMISAHAN PEMILU SETELAH PUTUSAN 135/PUU-XXII/2024 Satmawati; Rijal, Syamsul; Akbar, Muhamad Aksan
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.141

Abstract

Constitutional Court Decision Number 135/PUU-XXII/2024 has significantly reshaped the discourse on Indonesia’s electoral system by mandating the separation of national and regional elections. While the ruling is presented as a constitutional effort to enhance electoral integrity and administrative effectiveness, it simultaneously raises fundamental concerns regarding legal certainty, particularly in relation to the tenure of members of the Regional People’s Representative Council (DPRD). This study examines the Court’s constitutional reasoning (ratio decidendi) underlying the separation of election schedules and critically assesses its implications for democratic legitimacy and the principle of electoral periodicity. Employing a normative juridical approach that integrates statutory, conceptual, and case-based analysis, this article demonstrates that although the decision may be justified as electoral reform, it risks producing constitutional distortion by blurring the boundary between judicial interpretation and norm creation. Without clear transitional safeguards, the ruling threatens to undermine popular sovereignty and legal certainty in Indonesia’s constitutional framework.
RECONSTRUCTING THE STATUS OF CONSTITUTIONAL COURT RESEARCHERS: MEREKONSTRUKSI STATUS PENELITI MAHKAMAH KONSTITUSIONAL Barus, Sonia Ivana; Saifulloh, Putra Perdana Ahmad; Amancik; Nikenuna, Syifa
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.143

Abstract

Researchers at state institutions were forced to leave their positions, including those at the Constitutional Court. Researchers then lose the opportunity to hold the title of research professor. These researchers were also given a new duty, which was to help courts and give Constitutional Justices substantial support. The predicate “assistance" in this rule, which receives no detailed explanation, leads to multiple interpretations and affects the productivity of assistants to expert constitutional judges. Based on this, it is interesting to discuss how the status quo regulates career paths and academic freedom of Constitutional Court researchers in personnel law and how the ideal concept of setting career paths and academic freedom for researchers at the Constitutional Court. This study uses a normative research method, in which its results implicitly suggest a return to the previous rules. The researcher also suggests that the positions of assistant judge and researcher be strictly separated and that opportunities be provided for researchers to hold the title of academic professor. Researchers think BRIN should merge research institutions with the same form and function.
CONSTITUTIONAL CONTROL OF EMERGENCY POWERS IN INDONESIA'S PRESIDENTIAL SYSTEM: KONTROL KONSTITUSIONAL ATAS WEWENANG DARURAT DALAM SISTEM PRESIDEN INDONESIA Najib, Ahmad Ainun
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.144

Abstract

The constitutional regulation of emergency powers presents a significant challenge for contemporary constitutional democracies, particularly within presidential systems where executive authority often expands during crises. In Indonesia, this issue is encapsulated in Article 12 of the 1945 Constitution, which grants the President the authority to declare a state of emergency without clearly delineating substantive thresholds, temporal limits, or institutional mechanisms of control. The ongoing reliance on Law No. 23 Prp of 1959 further entrenches a security-oriented framework that increasingly diverges from Indonesia’s post-amendment constitutional commitment to the rule of law and human rights protection. This article explores constitutional controls over emergency powers in Indonesia through a doctrinal and comparative constitutional analysis. It assesses the normative coherence and institutional adequacy of Indonesia’s emergency powers framework by situating it in a comparative perspective with South Korea and Brazil, two presidential systems that have developed more structured constitutional mechanisms for regulating emergencies. The comparison emphasizes differentiated emergency regimes, legislative involvement, temporal limitations, and judicial oversight as key tools for constraining executive discretion during crises. The article concludes that Indonesia’s emergency powers framework remains normatively under-specified and institutionally fragile, resulting in fragmented emergency governance and weak constitutional accountability. Drawing on comparative insights, the article identifies reform implications aimed at strengthening constitutional controls, particularly through clearer emergency standards, enhanced legislative and judicial oversight, and the reconceptualization of emergency powers as a constitutionally regulated exception rather than an open-ended executive prerogative.
THE CONSTITUTIONAL DIMENSION OF OBSTRUCTION OF JUSTICE IN CORRUPTION CASES: A STUDY OF CONSTITUTIONAL JUSTICE CRISIS IN THE PT. TIMAH INDONESIA CASE: DIMENSI KONSTITUSIONAL OBSTRUCTION OF JUSTICE DALAM PERKARA KORUPSI: STUDI KRISIS KEADILAN KONSTITUSIONAL DALAM KASUS PT. TIMAH INDONESIA Maharani, Tiara; Mursyid, Ali Masyhar
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.145

Abstract

The enforcement of anti-corruption law in Indonesia not only concerns the punishment of the main perpetrators but also the protection of the judicial process itself. One of the serious threats to the integrity of the judicial system is obstruction of justice, which interferes with the process of investigation, prosecution, and adjudication of corruption cases. Article 21 of the Indonesian Anti-Corruption Law regulates obstruction of justice as an independent offense intended to safeguard the judicial process. However, its practical enforcement often reveals inconsistencies that undermine constitutional justice. This article analyzes obstruction of justice from the perspective of constitutional law by positioning it as a constitutional offense that threatens the fundamental principles of the rule of law and judicial independence. Using a normative juridical method with constitutional, statutory, conceptual, and comparative approaches, this research examines the PT Timah corruption case, particularly the decision of the Pangkalpinang District Court concerning obstruction of justice committed by Toni Tamsil. The findings reveal a significant disparity between the normative framework of Article 21 of the Anti-Corruption Law and its application in judicial practice. The relatively light sentence imposed in the case reflects a broader crisis of constitutional justice in the enforcement of obstruction of justice in Indonesia. The study argues that obstruction of justice should be treated as a constitutional offense because it directly undermines the integrity of the judiciary, weakens anti-corruption efforts, and erodes public trust in the rule of law. Strengthening constitutional interpretation in the enforcement of obstruction of justice is therefore necessary to ensure the protection of judicial independence and the effectiveness of corruption eradication.

Page 7 of 8 | Total Record : 71

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