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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 43 Documents
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Sierra Leone’s Constitutional Framework for Resource Governance and Economic Inequality: A Socio-Legal Study Thomas Sheku Marah
Constitutional Law Review Vol. 5 No. 1 (2026)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v5i1.5996

Abstract

This article examines why Sierra Leone has not fully translated its mineral wealth and post-conflict legal reforms into equitable and sustainable development outcomes. It argues that the problem cannot be explained solely by the resource curse thesis or by the absence of legal reform, but by the interaction between constitutional non-justiciability, statutory ambition, institutional capacity, and local political-economic asymmetries. Employing doctrinal legal analysis complemented by a socio-legal institutional perspective, the article analyses the Constitution of Sierra Leone 1991, the Mines and Minerals Development Act, 2022 (Act No. 16 of 2023), and relevant academic, policy, and institutional materials. The findings show that the Constitution provides important normative commitments to welfare, social justice, equality of opportunity, and the public use of natural resources, but the non-justiciability of the Fundamental Principles of State Policy limits their direct enforceability. The 2022 Act partially responds to this constitutional enforceability gap by strengthening Community Development Agreements, revenue-linked benefit-sharing mechanisms, transparency obligations, and environmental and social safeguards. However, these statutory mechanisms have not yet demonstrably produced commensurate distributive outcomes because their effectiveness remains constrained by weak regulatory capacity, uneven enforcement, informality in artisanal and small-scale mining, risks of elite capture, and unequal community participation. The article conceptualises this condition as a legalised distributive deficit, in which law formally recognises transparency, participation, benefit-sharing, and environmental protection while remaining unable to secure material redistribution without institutional enforcement, regulatory autonomy, and meaningful community accountability.
Asset Concealment through Corporate Structures in Money Laundering Offenses and the Constitutional Challenges of Natural Resource Governance in Indonesia Mardiah Mastur Rahmah; Kintan Artari; Rachmat Ragil Iskandar; Muhammad Nurcholis Alhadi
Constitutional Law Review Vol. 5 No. 1 (2026)
Publisher : IAIN Bone

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Abstract

This study examines the use of corporate entities to conceal illicit assets in money laundering schemes in Indonesia as a constitutional economic governance issue rather than merely an economic crime problem. Employing normative legal research through statutory, conceptual, and case approaches, it explores the relationship between anti-money laundering regulation, beneficial ownership transparency, corporate criminal liability, asset recovery, and the constitutional mandate embodied in Article 33 of the 1945 Constitution. The findings demonstrate that corporate structures can obscure the nexus between offenders, illicit assets, and predicate offences through complex ownership arrangements and effective control mechanisms. In the natural resources sector, such practices undermine the State’s capacity to safeguard public wealth and restore economic benefits to society. The study argues that beneficial ownership transparency, corporate liability, and asset recovery should be reconceptualized as constitutional instruments for strengthening accountability, economic governance, and the recovery of assets for the public interest.
Regulatory Disharmony and Local Government Roles in the Planned Development of the Barru Special Economic Zone: An Economic Law Perspective Hilmiah; Ilham Nugraha; Muhammad Fitratallah Dahlan
Constitutional Law Review Vol. 5 No. 1 (2026)
Publisher : IAIN Bone

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Abstract

This study analyzes regulatory disharmony in the planned development of the Barru Special Economic Zone (SEZ) and its implications for the role of the Barru Regency Government as regulator, facilitator, and accelerator of area-based development. It employs normative legal research supported by limited empirical data obtained from legislation, scholarly literature, regional planning documents, and an interview with a key informant. The findings show that regulatory disharmony emerges in three aspects: authority, licensing, and financing. In terms of authority, the operational boundaries among central and regional governments, the SEZ administrator, and the management entity remain unclear. In licensing, the relationship between the SEZ administrator, the regional one-stop investment service agency, and the Online Single Submission system has not been operationally integrated. In financing, the allocation of responsibilities among the state budget, regional budget, regional-owned enterprise, management entity, and private investment remains uncertain. These conditions weaken local government roles in land preparation, investment services, and development acceleration. Regulatory harmonization is therefore required to ensure legal certainty, reduce transaction costs, and strengthen effective regional autonomy.

Page 5 of 5 | Total Record : 43

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