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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 5 Documents
 1 
Search results for , issue "vol. 1 no. 3 (2024): journal of indonesian constitutional law" : 5 Documents clear
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.
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
The Increase of Child Labour in Nigeria: Legal Custody of Victim by the Nigerian Government as a Panacea Aidonojie, Paul Atagamen; Obieshi, Eregbuonye; Aidonojie, Esther Chetachukwu; Hassan, Ismaila; Damina, Joshua John
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.v1i3.26

Abstract

It is apt to state that there are numerous rights and obligations guardians or parents owe to their children or children in their custody. Although several laws seem to secure the right of children against child labour in Nigeria, however, it has been observed that there has been a recurrent increase in child labour, which is becoming a major challenge truncating the features of most children. In this regard, this study adopts a hybrid method of research in ascertaining if the Nigerian government takes custody of a child experiencing child labour could aid in curtailing the major challenge of child labour. In this regard, the study employs an online questionnaire sent to 307 respondents who reside in Nigeria. The study, therefore, found that, though several international and local laws tend to discourage child labour in Nigeria, there is still an increase in child labour. The study further found that several factors are often the root causes of child labour, and third-party custody of children suffering from child labour is a better solution. The study, therefore, concluded and recommended that to curb the major challenge of child labour, the Nigerian government needs to take a proactive step in assuming custody of children experiencing child labour. Hence, this study contributes to knowledge by determining if third-party custody is a possible consideration by the Nigerian government in legal-social intervention regarding diminished child labour and enforcing gaps left in existing child protection structures.
Fulfillment of the Constitutional Rights for Persons with Intellectual Disabilities in General Elections Bambang Sumantri; Ane Nor Cahya Ilmiah; Salfanil Farizi
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.v1i3.28

Abstract

The purpose of this research is to examine the fulfillment of the constitutional rights of persons with intellectual disabilities against the fulfillment of constitutional rights as citizens in general elections that are not mentioned concerning their voting rights in regulations on general elections. the contribution of this research is to equalize the provision of legal certainty of the State to persons with intellectual disabilities in general election regulations. In writing research at this time, normative legal research methods are used, as well as various legal approaches such as statutory approaches, case approaches by examining court decisions, and concept approaches. The results of the research in this paper show that legal protection to people with disabilities with disabilities in general elections as voters also have equal or equal rights based on the Constitution, Human Rights Regulations, Regulations on the Ratification of the Convention on the Rights of Persons with Disabilities, Regulations on Persons with Disabilities that exist in the State of Indonesia, each of which provides legal protection related to the right to vote for people with disabilities with disabilities. However, persons with disabilities have not fully received legal protection in the general election regulations, resulting in conflicting norms, so the author provides a solution for testing the Election Law which is directly contrary to the rules that are equal as well as to the state constitution to the Constitutional Court to provide legal certainty in accordance with what is made an ideal by the state.
Ethical Supervision of Judges to Improve the Integrity of the Constitutional Court Rozana Sukma Dewi; Avien Zakaria; Aghnia Safana Ilmi
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.v1i3.29

Abstract

This study aims to analyze the juridical implications of the Constitutional Court Decision Number 90/PUU-XXI/2023 on the independence of Constitutional Court judges. To examine the urgency of regulating the ethical supervision of Constitutional Court judges. This research is expected to be material for improving the law related to the supervision of the ethics of the Constitutional Court judges. The type of research is normative legal research. The approach methods used are the types of statutory approaches, case approaches, and conceptual approaches. The technique of collecting legal materials used is a literature study. The data analysis method used is qualitative descriptive. The deductive method of concluding is used. The results of this study show that the juridical implications of the Constitutional Court Decision Number: 90/PUU-XXI/2023 on the independence of Constitutional Court judges are defects that lead to violations of the code of ethics by Constitutional Court judges during the trial process of the decision, resulting in the loss of the independence of Constitutional Court judges, and the issuance of 4 MKMK decisions. This signals that supervision in judicial institutions such as the Constitutional Court has not been optimal. The urgency of regulating the supervision of the ethics of constitutional court judges is that internal supervision in judicial institutions such as the Constitutional Court has not been optimal. Therefore, it is necessary to reorganize the supervision system and institutional management of the Constitutional Court both internally and externally.

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