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Lin Asyiqoh
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INDONESIA
Journal of Indonesian Constitutional Law
Published by CV. Pustaka Parawali
ISSN : 3063704X     EISSN : 30636728     DOI : https://doi.org/10.71239/jicl
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Indonesian Constitutional Law focuses on studies and research on constitutional law, especially classical constitutional law in Nusantara. Journal of Indonesian Constitutional Law publishes studies and research results related to constitutional law, especially classical constitutional law in Nusantara. We accept manuscripts that discuss classical constitutional law, adat constitutional law, law and constitution, Islamic constitutional law, law and human rights, election law, statutory law, philosophy of constitutional law, village government law, and tax law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
 1   2   3 
Comparison of Presidential Term Regulations in Several Countries with Presidential Systems: Indonesia, United States, and Philippines Ranarosyidah Rihadatul'Asy; Widy Anastasya Putri; Nor Lailatul Mutfaidah
Journal of Indonesian Constitutional Law Vol. 1 No. 2 (2024): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v1i2.3

Abstract

In the presidential system of government, the Head of Government is held by the President, and the constitution of each country determines his terms of office in the proposal. This research compares presidential term arrangements in Indonesia, the United States, and the Philippines, focusing on the duration of the term of office and period limits. The legal research method used in this research is normative juridical research to answer the issues to be discussed. This research aims to examine three countries with the same system of government but different presidential term periods. The results of this study show that in Indonesia, the president serves for five years with a maximum of two terms. In the United States, the president also has a four-year term limited to two terms. Meanwhile, in the Philippines, the president serves a six-year term without the possibility of re-election. The research found that these different arrangements reflect each country's historical and political context and have implications for political stability, policy continuity, and electoral dynamics.
Impeachment Mechanism for The President and/or Vice President of Indonesia and United States Firza Setiawan Putra; Bachtiar Arya Habibillah; Muhammad Fatur Khadafi; Ach. Zahid
Journal of Indonesian Constitutional Law Vol. 1 No. 2 (2024): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v1i2.4

Abstract

In Indonesia, the impeachment process is regulated in the 1945 Constitution and Law no.  24 of 2003 concerning the Constitutional Court.  The process is initiated by the House of Representatives (DPR) which proposes impeachment if the President or Vice President is suspected of committing a violation of law, treason against the state, corruption, or disgraceful acts.  After the proposal is approved by the DPR, the Constitutional Court examines and decides whether any violations have been committed.  If the Constitutional Court declares it proven, this decision is sent back to the DPR for final approval.  After that, the People's Consultative Assembly (MPR) can dismiss the President or Vice President.  Although both countries have similar mechanisms involving parliament and the judiciary, the differences lie in the institutions involved and the stages of the process.  Impeachment reflects the principle of checks and balances in the government system to maintain the accountability of high-ranking officials.  
A Comparison of Religious Freedom Guarantees for Adherents of Local Religions Between Indonesia and Japan Berlian Three Normayani Aruan; Tiara Amandini Fajriya; Melysa Eka Febriyanti; Nelly Magdalina Sarumaha
Journal of Indonesian Constitutional Law Vol. 1 No. 1 (2024): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v1i1.5

Abstract

Every individual has the right to freedom of religion, one of the principles of human rights that cannot be revoked. This principle recognizes a person's freedom to choose or not choose a religion and to switch from one religion to another. This freedom of thought is part of human dignity that must be guaranteed unconditionally, including the right to worship and believe according to one's conscience and mind. The research method used normative legal research, based on literature analysis and legal principles as the primary data, using conceptual, comparative, and legislative approaches. In Japan, applying the belief system is often associated with cultural rituals, especially in festivals that are part of Shinto teachings. Although Japan is known as a modern and technologically advanced country, traditional values are still maintained and become attractive. The 1945 constitution of Indonesia does not prohibit proselytism like Greece. Still, the First Precept of Pancasila recognizes the existence of God Almighty, which means that everyone is obliged to respect the religion and beliefs of others. 
Significance of Comparing Electoral Systems: Indonesia and the United Kingdom Murdani, Anisya; Arbaita, Emilia Rifa; Satizzainiyah, Nisa'atur Riya; Zaini, Zaini
Journal of Indonesian Constitutional Law Vol. 1 No. 2 (2024): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v1i2.6

Abstract

Elections are a mechanism that allows people to voice their choices. This process is used as a tool to exercise sovereignty in the country's system of representative democracy and to maintain government power in an orderly and peaceful manner by the mechanisms determined by the constitution or applicable laws. This paper will discuss the electoral systems in Indonesia and the United Kingdom (UK) and compare the two. Based on research into the law, it is known that Indonesia's electoral system uses a proportional system, which calculates the number of seats based on the number of voters in the electoral district. Countries with large populations will get more seats in representative bodies. Meanwhile, the UK uses a majoritarian system or District System, where each electoral district has only one seat with a simple majority calculation (simple majority: A>B>C>D, where A is the winner).
A Comparison of Presidential Threshold Systems in Presidential and Vice-Presidential Elections in Indonesia and Brazil Muhammad Zhafran Shobirin; Moh Akbar Adhiyanto; Sholeh Hoddin; Rohman, Khabib Syaikhu
Journal of Indonesian Constitutional Law Vol. 1 No. 1 (2024): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v1i1.7

Abstract

The purpose of this comparison is the reconstruction of the law. The requirements for future presidents and vice presidential candidates are listed in Article 6a, paragraph 2. However, the pros and cons of this rule are still often raised, as it reduces the individual's right to stand as president and vice president, thus requiring legislative amendments. This research uses a method of normative law research, where the approach used in this research is a legal approach and a comparative approach. The threshold in Brazil is different from Indonesia. According to J. Mark Payne, when discussing the threshold in the presidential election, what is meant is the condition of a presidential candidate to be elected president. The threshold for elected presidents in Brazil with 50% + 1 vote is laid down in Article 147. In Indonesia, such a limit is a condition for the nomination of a President and Vice-President to advance in the contest for the election of the President and Vice-Presidents. In contrast, the threshing limit for nomination for the President of the Republic of Indonesia is in Article 222, which stipulates that the pair of candidates must be proposed by the political party or association of political parties participating in the election and meet the requirement to obtain 20% (twenty percent) of the number of seats in the House of Representatives or 25% (Twenty-five percent) from the national valid votes in the previous election of members of the House.
Freedom of Expression in the Spread of Hoax News on Social Media Between Indonesia and South Korea Rini Jarwati Indah N. C; Dhea Zeftyaningrum; Richo Febria Putra; Dio Ashar Wicaksana
Journal of Indonesian Constitutional Law Vol. 1 No. 3 (2024): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v1i3.12

Abstract

Freedom of expression is the right of people to freely express their opinions through various media without considering their limitations and without violating the rights of others. One example of the spread of fake news that has the potential to damage reputation is the spread of hoax news, which mainly occurs in Indonesia and South Korea. This study aims to understand the comparison of regulations governing the spread of fake news in Indonesia and South Korea and how the government faces this problem in the election process. The method used is a normative methodology through a legislative approach, which allows a comparison of freedom of opinion regulations in spreading fake news between Indonesia and South Korea. In Indonesia, freedom of opinion is regulated in Article 28 E paragraph (3) of the 1945 Constitution of the Republic of Indonesia and Article 1 paragraph (1) of Law Number 9 of 1998 concerning Independence, while South Korea indirectly regulates freedom of opinion regulated in Article 21 paragraph 4 of the South Korean Law. In Indonesia and South Korea, special regulations are given regarding sanctions against perpetrators of spreading fake news, in Indonesia is contained in Article 28, paragraph (1) and paragraph (2) of Law Number 11 of 2008 concerning Information and Electronic Transactions, while South Korea is substantially stated in Criminal Act No. 14415 Article 307. However, it is necessary to ensure that freedom of expression is not used to circulate fake news, which is a symptom of a problem rather than the root of the issue itself.
Comparative Study of the Constitutions of Indonesia and China Regarding the Existence of Atheists Adelia Kartika Nur Huda; Erio Agustia Rachman; Mohammad Ali Sajjad; Cahya Risqi Rusfiyah
Journal of Indonesian Constitutional Law Vol. 1 No. 1 (2024): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v1i1.19

Abstract

This research is based on comparing the Indonesian and Chinese constitutions regarding the existence of atheists and the factors that cause differences in the recognition of the Indonesian and Chinese states against atheism. This research uses normative legal research methods focusing on legal objects with a comparative approach to law and legislation. The existence of atheists in the Indonesian constitution originated from communism with an anti-God attitude contrary to the Indonesian constitution, which is by the first principle of Pancasila and article 29 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This is very contrary to the Chinese constitution, which regulates freedom of religion and gives the right to embrace or not embrace any religion, meaning that China recognizes the existence of atheists. The Chinese constitution acknowledges the existence of atheists based on the communist ideology adopted.
Regulation on Freedom of Expression on Social Media in Indonesia and Malaysia Najib, Ainun; Umar, Umar; Abim Bhakti; Prika Fatikasari; Aminah Nur Kauthar Binti Zawawi
Journal of Indonesian Constitutional Law Vol. 1 No. 1 (2024): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v1i1.20

Abstract

This study aims to examine and analyse the forms of regulation of freedom of opinion in the formation of good laws in Indonesia and Malaysia and how the practice and obstacles to freedom of opinion on social media between the two. In the research method, the statutory regulatory approach (Statute Approach), analytical approach (Analytical Approach), and case approach (Case Approach) are used as aspects of normative analysis. Legal materials are collected by tracing authoritative documents related to legal issues and using the literature study method. The legal materials collected are then described descriptively by combining and comparing regulations about freedom of opinion/expression to answer the legal issues raised and reach a clear solution. The results of this study show that the existence of rules that have regulated freedom of expression/opinion for Indonesia and Malaysia is still a debate in its civil society. In Malaysia, the main challenge is the strict regulations often used to suppress freedom of expression in the interests of its constitution. In Indonesia, freedom of expression rules is considered repressive, too broad, and prone to abuse to silence public criticism in the mass media.
The Idea of Legal Pluralism in Dispute Resolution of Village Head Election in Madura Eugenia Brandao Da Silva; Asyiqoh, Lin
Journal of Indonesian Constitutional Law Vol. 1 No. 1 (2024): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v1i1.22

Abstract

The purpose of this study is to find a solution to the weakness of the dispute resolution regulation on the results of the village head election, which is considered to have caused ongoing problems due to the existence of a legal vacuum related to the mechanism for fulfilling the rights of the people who are harmed by the determination of the results of the Village Head Election. This research contributes to creating a dispute resolution model for the election of village heads based on local wisdom values in Indonesia.  This study uses empirical legal research methods with socio-legal and anthropo-legal approaches. The results of this study reveal that the proposed model, which involves the existence of judicial institutions at the village level that apply informally and are used as a legal tradition of the Madura community, can be a game-changer in resolving disputes over the results of village heads. This method is considered able to resolve Village head election disputes more quickly and peacefully because they are determined by figures who influence the socio-cultural structure of the Madura community. The results of this study can be used as a reference in implementing policies and legal arrangements related to the dispute resolution mechanism for the results of the Village head election, either independently by the village government or by the Pamekasan Regency Government in making Regional Regulations (Perda) related to the settlement of disputes over the results of the Village head election in Pamekasan Regency.
State Power Limitations on Religion for The Fulfillment of The Constitutional Rights of Indigenous Religion Believers in Indonesia Jufri, Muwaffiq; Raphael D. Jackson-Ortiz; Putra Perdana Ahmad Saifulloh; Evis Garunja; Sonia Ivana Barus
Journal of Indonesian Constitutional Law Vol. 1 No. 3 (2024): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v1i3.23

Abstract

This article examines the importance of state power in regulating religion in a limited scope. This is intended to solve classic problems, such as the state immediately fulfilling the constitutional rights of local religious adherents. Even though the Constitutional Court partially recognizes the existence of local religions through decision No.97/PUU-XIV/2016, this decision does not change the legal status of local religions, which are not considered official state religions. This research contributes to efforts to fulfill the right to freedom of religion for followers of Indigenous religions through policy design that does not restrict local religions from becoming official state religions. This study employed a normative legal research method, which concludes that the state's involvement in limiting local religions is by issuing various rules that distinguish religion from belief and standardizing religion, which closes the opportunity for local religions to be recognized as an official state religion. Limitations on state power can be carried out by issuing state regulations in religion, which limits to regulate fostering harmony of religious life and upholding the freedom of religion and avoiding regulatory patterns that classify religions and standardize religion because it will hinder the fulfilment of the constitutional rights of belief adherents

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