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Irfan Amir
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Constitutional Law Review
Published by Institut Agama Islam Negeri Bone
ISSN : -     EISSN : 29873436     DOI : https://doi.org/10.30863/clr.v3i1.5595
Core Subject : Social,
Environmental Science Law, Crime, Criminology & Criminal Justice
Contitutional Law Review (Colrev) is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in goverment regulation, particularly in developing and emerging countries. These may include but are not limited to various fields such as: the practice of international law, human rights law, civil law, criminal law, constitutional and administrative law, legal pluralism governance, and another section related to contemporary issues in legal scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 3 No. 2 (2024)" : 5 Documents clear
The Problematics of Iran's Retaliatory Attack on Israel: Evaluation of the Principles of Necessity and Proportionality Based on Article 51 of the UN Charter. Irvan, Mohammad; Sutrisno, Andri; Ode, Afrizal
Constitutional Law Review Vol. 3 No. 2 (2024)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v3i2.5606

Abstract

This research analyses the legitimacy of the Islamic Republic of Iran's retaliatory strike against Israel on 1 April 2024 in the context of Article 51 of the United Nations Charter, focusing on the application of the principles of necessity and proportionality in international law. The research method used is descriptive-analytical with a normative approach, where international legal norms and the doctrine of self-defence are analysed to assess the validity of Iran's actions. The results of the analysis show that the claim of self-defence by Iran raises doubts, especially in relation to the principle of necessity, given the 11-day time lag between Israel's initial attack and Iran's retaliation, which may not fully meet the immediacy standard. In addition, the scale of Iran's counter-attack, which involved over 300 drones and missiles, appears disproportionate to the threat faced, raising questions regarding compliance with the principle of proportionality. The implications of these findings point to the need for further affirmation of international legal standards regarding self-defence and an enhanced role for the UN Security Council in overseeing such actions to maintain international peace and security.
Personal Data Protection in ASEAN: A Critical Comparison between Indonesia's and Malaysia's Legal Frameworks Darma Sukerta, Putu Aryan; Sutrisno, Andri
Constitutional Law Review Vol. 3 No. 2 (2024)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v3i2.5605

Abstract

The development of digital technology presents significant challenges in personal data protection amid globalization and cross-border data exchange. This study compares Indonesia’s Personal Data Protection Act (UU PDP) and Malaysia’s Personal Data Protection Act (PDPA) 2010 from a normative and doctrinal legal perspective. Using a comparative legal approach through literature review, this research analyzes data subject rights, application mechanisms, supervisory structures, and enforcement and sanctioning mechanisms in both jurisdictions. The findings indicate that Indonesia’s UU PDP is more comprehensive as it covers both the public and private sectors, regulates formal procedures for data access, correction, deletion, and consent withdrawal, and is supported by strict administrative and criminal sanctions. In contrast, Malaysia’s PDPA applies only to commercial transactions, relying on lighter administrative sanctions, potentially leaving gaps in public sector data protection. Both countries also face challenges regarding the independence of supervisory bodies. This study highlights the need for institutional reforms and regulatory adjustments in line with international standards to enhance transparency, accountability, and legal certainty in personal data protection across ASEAN
Integration of Ushul Fiqh and Syara’ Sources in Addressing Contemporary Legal Challenges: The Role of Fatwa Institutions and Guidelines for Mujtahids Najra, Ainun; Subli, Mohamad; Selvia, Fivi; Nelfiani, Nelfiani
Constitutional Law Review Vol. 3 No. 2 (2024)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v3i2.5604

Abstract

Contemporary issues such as financial technology, biotechnology, and social change present new challenges in the establishment of Islamic law, necessitating an approach based on ushul fiqh. This study aims to analyze how ushul fiqh, through the integration of syara' sources (the Qur'an, Hadith, ijma', and qiyas), can be applied to address modern challenges and provide relevant, contextual legal guidance. Using a qualitative research method with a descriptive-analytical approach, primary data was gathered from foundational Islamic legal texts, while secondary data was obtained from classical literature, scholarly journals, and fatwas from official bodies like the National Sharia Council (DSN) and the Indonesian Ulema Council (MUI). The data was analyzed through reduction, classification, and interpretation techniques to answer the research questions. The study found that the principles of maqashid shariah (the preservation of religion, life, intellect, lineage, and wealth) play a crucial role in navigating contemporary issues. Fatwa institutions play a strategic role in transforming the theory of ushul fiqh into practical guidance through a collaborative and flexible approach, while mujtahids are expected to conduct ijtihad using an interdisciplinary and information technology-based approach to produce sound and applicable rulings. The study contributes theoretically by enriching the Islamic legal literature and practically by providing guidance for fatwa institutions and mujtahids to respond adaptively to the challenges of the times. The study’s implications indicate that Islamic law remains relevant for addressing the dynamics of modern society, provided that it is accompanied by a contextual and shariah-based approach.
Victimological Analysis of Sexual Violence Crimes Against Children in Gorontalo Regency Wiratma, Dewa Permana; Darmawati, Darmawati; Beddu, Sumiyati
Constitutional Law Review Vol. 3 No. 2 (2024)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v3i2.5629

Abstract

This research examines legal protection for children’s rights as victims of sexual violence in Gorontalo Regency and identifies factors hindering such protection. The study aims to analyze the effectiveness of legal measures in safeguarding these rights and the obstacles in their implementation. Employing an empirical research approach with qualitative methodology, data is collected through interviews and observations, offering descriptive and analytical insights into legal protection mechanisms and their challenges. Key findings reveal that child protection is regulated by Law No. 35 of 2014 on Child Protection and Law No. 11 of 2012 on the Juvenile Criminal Justice System, covering special rights, health services, and rehabilitation. However, implementation faces challenges due to resource limitations within the police and P2TP2A, lack of trained personnel, insufficient budgets, and ineffective inter-agency coordination. Additionally, social stigma and a lack of community awareness on sexual violence hinder reporting, legal proceedings, and rehabilitation. The study concludes that the primary obstacles to legal protection include limited resources, poor inter-agency coordination, and social stigma. To improve effectiveness, enhancements are needed within institutional systems, cross-sector coordination, and public education. Community support and adequate facilities are also essential for speeding up social rehabilitation and ensuring optimal fulfillment of the rights of child victims.
Power Dynamics and Social Relations in Law Enforcement: A Critical Theory Perspective on the Ferdy Sambo Case Bone, Sholihin; Fitri, Rizki Rahayu; Cahyaning, Citra; Solehuddin, Solehuddin; Maria, Anna
Constitutional Law Review Vol. 3 No. 2 (2024)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v3i2.5642

Abstract

This study analyzes the verdict in the Ferdy Sambo case through the lens of Critical Theory and Habermas' deliberative democracy to understand how law operates within power structures. Using a qualitative, critical-legal approach based on Habermas' framework, it examines court decisions, media reports, and institutional dynamics. The findings reveal that law is influenced by political and institutional dynamics rather than being fully neutral. The Supreme Court’s reduction of Ferdy Sambo’s sentence from death to life imprisonment reflects institutional compromise to preserve social stability and the police’s image. Technological manipulation, such as CCTV footage deletion, and public and media pressures during the trial further illustrate how legal communication is distorted by power relations. The study highlights the need for legal reforms beyond procedural aspects, emphasizing more democratic and inclusive communication mechanisms. Referring to Habermas' theory, it stresses that transparency and accountability are crucial to prevent law from merely legitimizing elite interests and to promote law as a means of social emancipation

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