cover
Contact Name
Lin Asyiqoh
Contact Email
lienasyiqoh@pustakaparawali.com
Phone
+6287750884902
Journal Mail Official
jicl.constitutionallaw@gmail.com
Editorial Address
Jl. KH. Hasan Sinhaji No.99 Pamekasan, Kab. Pamekasan, Provinsi Jawa Timur, 69317
Location
Kab. pamekasan,
Jawa timur
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,
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
Search results for , issue "vol. 2 no. 1 (2025): journal of indonesian constitutional law" : 5 Documents clear
Flexibility in Accessing Legal Information Through Social Media and Its Implications for Law Enforcement Frei Fitri Astuti; Laila Nur Jannah
Journal of Indonesian Constitutional Law Vol. 2 No. 1 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i1.37

Abstract

This research analyses the flexibility of access to legal information through social media and its impact on law enforcement in Indonesia. Social media makes it easy for the public to obtain legal information quickly and widely. However, the main challenge faced is the validity of the legal information circulating, which can lead to misunderstandings and affect the law enforcement process. With data collection techniques using literature studies, this research reviews regulations such as the ITE and KIP Law and literature related to legal information accessibility. The results show that although the flexibility of access through social media increases people's legal awareness, the lack of supervision of the information disseminated can undermine the legal system. Examples of viral cases show how information virality can accelerate public attention to legal issues. However, it also creates pressure on legal authorities and therefore requires strengthening regulations, public education, and adequate supervision to optimise the flexibility of access to legal information. This research contributes to a deeper understanding of the relationship between digital technology and law enforcement, especially in the context of legal information on social media. This research also provides practical recommendations for strengthening regulations, public education, and information supervision as strategic steps in improving the quality of law enforcement in the digital era. It concludes that the flexibility of access to legal information through social media can be an excellent opportunity to increase public legal awareness but must be balanced with strong regulations, consistent education and adequate supervision to prevent the misuse of legal information.and proper supervision to avoid the misuse of information that is detrimental to the legal system.
The Judiciary in Governance: Understanding the Juridical Nature and Function of the Constitutional Court of Indonesia Mendy, Ousu; Sarr, Ebrima
Journal of Indonesian Constitutional Law Vol. 2 No. 1 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i1.45

Abstract

The Constitutional Court of Indonesia as a state institution is a constitutional edict established in Article 24C of the 1945 Constitution of Indonesia. It is an act of commitment to good governance in all its dimensions. This research examines the role this court plays in promoting governance in Indonesia through its engagements with other state institutions. This research uses a doctrinal or normative legal research method to reflect on the function of this court. This court has a strong commitment towards checks and balances in order to guarantee constitutional order and supremacy, although the finality of this supremacy should not preclude constitutional dialogue. The political, democratic, and social life of Indonesia has become more vibrant as a result of the establishment of this court. This development in the history of the country’s constitutional law is premised on the ground that, building a constitutional democratic state in a country requires improving its legal frameworks. One of the initiatives is to create a framework that questions the constitutionality or validity of laws when they have reservations about them. The Constitutional Court mechanism does that. It is a court with sui generis jurisdiction in determining constitutional matters including most controversial issues of election petitions and presidential impeachment. Therefore, it is sufficient to posit that this court forms the bedrock of good governance and democratisation in Indonesia where acts of institutions and individuals are subject to the scrutiny of the constitution thereby, validating the longstanding cliché of “government of laws and not of men”.
The 2020 Amendments of Russia’s 1993 Constitution: A Post-Colonial Interpretation Herbert Küpper
Journal of Indonesian Constitutional Law Vol. 2 No. 1 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i1.46

Abstract

In 2020, Russia enacted far-reaching amendments in its Constitution. The classical theory of democratic constitutionalism sees them as a roll-back into an autocratic and isolationist past the reason of which it cannot explain. The objective of this paper is to give the amendments an additional, post-colonial reading in order to fill the gaps of the classic interpretation. Russia was a colonial power (Tsarist Russia, Soviet Union), lost this status in 1991 and has endeavoured to re-create an empire since 2000. Therefore, it can be analysed with the tools that post-colonial theory has formulated in regard to the former metropolis. This is a new interpretional framework for these constitutional amendments. The method is the legal interpretation of a constitutional text against the background of the post-colonial theory of constitution. This post-colonial interpretation provides a coherent reading of these amendments, showing that Russia wants to re-erect its lost empire. For this purpose, it further centralises all state power in the ‘strong-man president’, stresses Russia’s succession into the imperial tradition of Tsarist Russia and the Soviet Union, and terminates the binding force of international law within Russia. This post-colonial interpretation of the 2020 amendments of the Russian Constitution does not want to replace the conventional interpretation of democratic constitutionalism but gives an additional angle able to fill the gaps that democratic constitutionalism leaves. Furthermore, it contributes to the post-colonial theory of constitutions because it provides a case study of a former metropolis going imperial again.
Implementing Village Head Election in Madura: Balancing Democratization with Traditional Violence Ni'am, Moh. Widadun; Milasari, Milasari; Reni Prasetia Nurmawati
Journal of Indonesian Constitutional Law Vol. 2 No. 1 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i1.41

Abstract

The Village Head Election (Pilkades) in Madura represents an intriguing political phenomenon, where the democratization process occurs within a strong local tradition. Although the Pilkades reflect the political participation of local communities in selecting their leaders, the reality on the ground indicates that this process is often marred by violence perpetrated by Blater.  This study aims to examine the Pilkades in Madura by highlighting aspects of democratization and the factors that provoke conflict and violence at each election stage. The study found that intense political rivalry, kinship fanaticism, and local culture are the primary catalysts for violence during the Pilkades. Conversely, more effective law enforcement efforts and conflict resolution mechanisms are essential for balancing local democracy and social stability. Using a normative legal research, this article enhances the understanding of the relationship between democratization and the culture of violence in the Pilkades in Madura. This research contributes to efforts to redesign the regulation of Pilkades in Madura by emphasising the prevention of violence in its implementation.
Advancing Gender's Balance Rights Through Constitutional and Legal Reforms: A Comparative Study of Nigeria and Uganda Aidonojie, Paul Atagamen; Izevbuwa, Osaretin George; Obieshi, Eregbuonye; Okpoko, Mercy; Damina, Joshua John
Journal of Indonesian Constitutional Law Vol. 2 No. 1 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i1.47

Abstract

The concept of human rights has gained global recognition over time, and the international community and virtually all countries consider everyone equal and deserving of equal treatment. However, advancing gender balance in rights is a critical challenge in Nigeria, where constitutional and legal frameworks come short of equity. Hence, the study focuses on Nigeria's slow progress in addressing systemic gender imbalances that are further complicated by cultural and institutional barriers to women's full participation in the economic, political, and social arenas. The research will analyze how constitutional and legal reforms can advance gender balance rights in Nigeria by learning from Uganda, a country that is attributed with remarkable achievements in gender inclusivity. This study employed a doctrinal method utilising a comparative approach that analyzed primary legal documents, policies, and secondary sources between the two countries for the best practices and challenges. Findings reveal that Uganda's deliberate constitutional recognition of gender equity, affirmative action policies, and strong institutional frameworks have reduced gender disparity significantly. On the other hand, it is Nigeria's fragmented and under-enforced gender-related laws, and the non-express constitutional provision of gender equal participation contribute to continued inequalities. The study recommends extensive constitutional amendments, the establishment of gender-monitoring institutions, and raising awareness amongst the public in Nigeria to duplicate Uganda's successes in making gender balance a core national development agenda.

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