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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. 4 No. 1 (2025)" : 5 Documents clear
Evaluation of Regional Policy Regarding Street Vendors: A Case Study of Bone Regency from the Perspective of Siyasah Syar’iyyah Sattuo, Muhammad; Maskawati, Maskawati; Fathi Aboalela, Nahi Hashim
Constitutional Law Review Vol. 4 No. 1 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i1.5723

Abstract

This study evaluates the implementation of Regional Regulation No. 1 of 2020 in Bone Regency, focusing on the consistency between legal provisions, field practices, and normative justice principles. Adopting a juridical-empirical approach, the research integrates normative legal analysis with interviews and field observations of street vendors (PKL). The findings indicate that despite formal regulations on zoning, operational hours, and empowerment, implementation is hindered by weak enforcement, limited awareness of legal norms among vendors, and minimal stakeholder participation. These gaps result in tensions between local policy objectives and constitutional guarantees, particularly the right to work and livelihood. From the perspective of Siyasah Syar’iyyah, the policy lacks full alignment with the principles of al-maslahah al-‘ammah, distributive justice, and the protection of vulnerable groups. This study contributes an integrative legal-ethical framework, bridging positive law with Islamic values, and recommends a participatory governance model to enhance legal legitimacy and social justice in informal sector regulation.
Local Legal Instruments and the Challenge of Implementing Village Authority in Decentralized Indonesia Mohi, Fadliyanto; Lahaling, Hijrah; Djafar, Marwan
Constitutional Law Review Vol. 4 No. 1 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i1.5814

Abstract

This study examines the effectiveness of Regent/Mayor Regulations (Peraturan Bupati/Walikota) as implementing instruments of village authority under the framework of Law No. 6 of 2014 on Villages and Minister of Home Affairs Regulation No. 44 of 2016. Using a normative legal research method with statutory and conceptual approaches, the analysis focuses on two comparative cases in Gorontalo Province. The findings reveal a stark disparity in regulatory quality: while the Gorontalo Regency regulation remains administrative and formalistic, the North Gorontalo regulation adopts a more participatory and context-sensitive approach, integrating local cultural values and traditional practices. The absence of operational technical guidelines from the central government and limited regulatory capacity at the local level have hindered the realization of the principles of recognition (rekognisi) and subsidiarity. This study concludes that a prescriptive, participatory, and locally responsive regulatory approach is essential for ensuring that Regent/Mayor Regulations function as effective instruments for actualizing village autonomy. The research recommends that future legal reforms provide clear technical guidance and promote inclusive governance frameworks that reflect the diversity of village contexts across Indonesia.
Transformative Constitutionalism in Africa Fledgling Democracy Mendy, Ousu
Constitutional Law Review Vol. 4 No. 1 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i1.5822

Abstract

This study critically examines constitutionalism in Africa, addressing challenges posed by fragile democratic institutions and the imperative for transformative constitutionalism. Although democratic legitimacy relies on legality and popular sovereignty, transformative constitutionalism demands proactive efforts beyond legal formalism to drive social change. Employing normative legal analysis of secondary data, the research reveals that legal pluralism and entrenched constitutional principles significantly impede transformative progress in post-colonial African states. The study highlights the necessity of adopting transformative constitutionalism to reinforce democratic resilience and establish coherent legal and political frameworks tailored to Africa distinct socio-political realities.
Safeguarding Constitutional Rights in Regional Elections: An Analysis of Violation Handling by Bawaslu Bone in the 2024 Election Ariyanti, Liza; Sari , Muspita; Darliana, Darliana
Constitutional Law Review Vol. 4 No. 1 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i1.5913

Abstract

Safeguarding constitutional rights in regional elections is essential to Indonesia’s democratic integrity. This study analyzes the handling of violations in the 2024 Bone Regency election, focusing on the effectiveness and challenges of the Election Supervisory Board (Bawaslu). Employing a qualitative juridical-empirical approach, data were obtained from regulations, official reports, and interviews. Of 19 alleged violations, only 11 were registered as most reports failed to meet procedural requirements. Electoral criminal offenses dominated, while administrative violations were minimal. Bawaslu’s effectiveness was constrained by limited resources, short deadlines, and weak institutional coordination. Constitutional Court Decision No. 104/PUU-XXIII/2025, which elevated Bawaslu’s recommendations to binding decisions, reinforced its role in protecting voters’ rights. The study concludes that electoral oversight functions as a constitutional safeguard for electoral justice. It recommends strengthening institutional capacity, expanding digital monitoring, and enhancing public legal literacy to sustain democratic integrity.
The Interests of Democracy or the Eradication of Corruption: The Dissolution of Political Parties in a Review of Law and Practice in Other Countries Mutawalli Mukhlis , Muhammad; Bin Paidi, Zulhilmi; Wiranti, Wiranti
Constitutional Law Review Vol. 4 No. 1 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i1.5632

Abstract

Dissolution of political parties as a legal response to systemic corruption raises fundamental questions about the balance between democratic integrity and political accountability. In the Indonesian context, political parties function as pillars of representative democracy, yet have increasingly been implicated in corruption scandals that benefit the party institutionally. The current legal framework—anchored in Article 24C of the 1945 Constitution and Law No. 2 of 2008—limits dissolution to violations of ideological and constitutional principles, excluding corruption from explicit consideration. This normative gap weakens the state’s capacity to enforce accountability. Through a normative-juridical and comparative approach, this study analyzes the theoretical justifications and practical mechanisms for dissolving political parties involved in systemic corruption. Case studies from Germany, Turkey, and South Korea demonstrate how other constitutional democracies integrate financial misconduct into their criteria for party dissolution. The findings support the need to reinterpret constitutional threats to include entrenched corruption as an assault on democratic order. Drawing on the theories of militant democracy, corporate criminal liability, and organizational accountability, this article advocates for legal reform that enables the Constitutional Court to act decisively against parties that exploit democratic institutions for corrupt purposes, while still preserving procedural fairness and political pluralism.

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