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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 40 Documents
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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.
Legal Protection of Music Copyrights in Public Commercial Spaces: A Case Study of Coffee Shops in Kolaka Utara Regency, Indonesia Sari Angraeni, Besse; Somefotorono Majid, Pipit
Constitutional Law Review Vol. 4 No.2 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i2.5950

Abstract

Legal protection of music copyrights is essential to ensure the economic and moral rights of creators. This study examines the legal protection of music copyrights in public commercial spaces, with a specific focus on coffee shops in North Kolaka, Indonesia. Using a normative juridical research method and a statutory approach, the analysis is based on relevant legal instruments, including Law Number 28 of 2014 on Copyright and Government Regulation Number 56 of 2021 on the Management of Royalties for Song and/or Music Copyrights. The findings reveal that several coffee shops play music in their business premises without obtaining permission from the creators or paying the required royalties. Such practices constitute copyright infringement and violate the exclusive rights protected under Indonesian copyright law, potentially resulting in criminal sanctions—including substantial fines and imprisonment—as well as civil liabilities in the form of damages and injunctions. The study concludes that coffee shop operators are legally obligated to pay royalties through the National Collective Management Organization (LMKN). It further highlights the significant role of Collective Management Organizations (LMK) and LMKN in ensuring copyright protection, particularly in royalty collection, distribution, enforcement, and dispute resolution.
Constitutional Implications of Constitutional Court Decision No. 105/PUU-XXII/2024 on Freedom of Expression and Defamation in Indonesia Majid, Pipit Somefotorono; Sari Angraeni, Besse
Constitutional Law Review Vol. 4 No.2 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i2.5951

Abstract

This study examines the constitutional implications of the Constitutional Court Decision No. 105/PUU-XXII/2024 on Indonesia’s digital criminal law system and the urgency of harmonizing the Electronic Information and Transactions Law (UU ITE) with the new Criminal Code (KUHP). The research employs a normative (doctrinal) legal methodology with statutory, case, and conceptual approaches, analyzing positive legal norms, judicial decisions, academic literature, and reports from digital rights monitoring organizations. The analysis focuses on the Court’s interpretation of the term “other person” in Articles 27A and 45 of the UU ITE and the material offense principle in the dissemination of false information (“hoaxes”) under Article 28 of the UU ITE. Findings reveal that the Court restricts the defamation offense to natural persons and requires tangible harm for hoax-related liability, thereby reinforcing the principles of legality, proportionality, and legal certainty. The study underscores the necessity of harmonizing the UU ITE with the new KUHP and other criminal regulations to prevent arbitrary criminalization of public expression and safeguard constitutionally protected freedom of expression. The scholarly contribution lies in formulating a framework for digital criminal law that balances individual reputation protection with freedom of expression while providing an analytical perspective on constitutional interpretation mechanisms in addressing the challenges of digital regulation.
Executive Neutrality and Partisan Politics in Indonesia’s Presidential System: Reassessing the Constitutional Boundaries of Presidential Power Rahayu Fitri , Rizki; Ayu Eviani Yuliantari , I Gusti; Amir , Irfan; Jaedin; Aris , Ismail
Constitutional Law Review Vol. 4 No.2 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i2.5952

Abstract

This study examines presidential neutrality in Indonesia’s presidential system, emphasizing its importance in safeguarding democratic fairness and electoral integrity. Using a normative legal approach, the research analyzes constitutional provisions, legislation, and state practices to assess how the President’s dependence on political parties generates conflicts of interest that undermine executive impartiality. The findings reveal that, despite legal prohibitions on partisan involvement by state officials, weak enforcement and the absence of an independent supervisory body perpetuate the erosion of neutrality within the executive branch. This gap between constitutional ideals and political practice highlights the vulnerability of Indonesia’s democracy to partisan influence. The study recommends reformulating the legal framework on executive neutrality, establishing an independent oversight institution, and promoting merit-based cabinet appointments to strengthen democratic integrity and the quality of governance.
Building Democratic Elections: A Critical Analysis of Efforts to Improve the Quality of Democracy Nur , Febriansyah; Burhanuddin; Wahyu
Constitutional Law Review Vol. 4 No.2 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i2.5962

Abstract

General elections are the main instrument of democracy as a manifestation of people's sovereignty and the legitimacy of power. However, the practice of democracy in Indonesia still faces serious challenges such as money politics, low voter participation, socio-political polarization, and weak integrity of election organizers. This study uses a normative approach with descriptive qualitative analysis to examine the effectiveness of elections in realizing substantial democracy according to constitutional principles. The results of the analysis show that these problems are not only technical, but also structural and cultural, reflecting the inequality between procedural and substantive democracy. Elections have not been fully able to become a political mechanism that produces representative and socially just government. This study also enriches the discourse on constitutional democracy by emphasizing the importance of recontextualizing the principle of rule of law in the electoral system. Meanwhile, in terms of policy, this study recommends strengthening regulations on the practice of money politics, increasing the institutional capacity of election organizers, and mainstreaming political education as a long-term strategy to build citizens' democratic awareness. By improving the legal design and practice of electoral politics, elections can function not only as a five-year political ritual, but also as a means of social transformation towards a more substantial, inclusive, and sustainable democracy
Realizing the Constitutional Right to a Healthy Environment through the 3R Principle: Evidence from Passippo Landfill, Bone Regency Latifah, Dini; Rosita; Fahri, Marjana; Nurfazira; Putri, Meilan Renisa
Constitutional Law Review Vol. 4 No.2 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i2.5963

Abstract

Waste management remains a major environmental challenge in Bone Regency, South Sulawesi, directly affecting citizens’ constitutional right to a healthy environment. This study analyzes the implementation of the 3R (Reduce, Reuse, Recycle) principle within the local waste management system and its relation to the realization of constitutional environmental rights. Using a socio-legal (juridical-empirical) approach, it integrates normative analysis of the legal framework with empirical findings from field observations, interviews, and documentation at the Passippo Final Disposal Site (TPA) and the Palakka 3R Waste Processing Facility (TPST). The results reveal a significant gap between legal norms and practical implementation. While TPST Palakka applies the 3R principle through community-based sorting, composting, and recycling, TPA Passippo continues to rely on open dumping without processing. This disparity stems from weak institutional capacity, inadequate infrastructure, low public awareness, and limited interagency coordination. The study highlights the need to institutionalize the 3R principle through regulatory reform, capacity building, and participatory governance to ensure the fulfillment of constitutional environmental rights and promote ecological justice at the local level.

Page 4 of 4 | Total Record : 40

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