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. 2 (2025): journal of indonesian constitutional law" : 5 Documents clear
The Constitutionality of Water Irrigation Policy in Morocco: Sustaining Agricultural Security Amid Climate Change Ezzerouali, Souad; Banane, Mohamed Cheikh; Anaya, Hamid; Radouane El mountafia
Journal of Indonesian Constitutional Law Vol. 2 No. 2 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i2.63

Abstract

This study aims to evaluate the effectiveness of current irrigation water policies in Morocco, examine the alignment of institutional governance with constitutional and environmental principles, and propose alternatives that promote sustainable and equitable water use.  This study contributes to the government's efforts to manage and prevent irrigation water crises, ensuring that agricultural water needs are adequately met, particularly in light of the increasingly severe impacts of climate change. This study employs a qualitative analytical methodology, drawing on a governance and constitutional rights-based framework, and reviews legal texts, public policy documents, parliamentary debates, and relevant national and international reports. The findings reveal gaps between legislative commitments and implementation practices, especially regarding coordination among institutions, prioritisation of agricultural uses, and responsiveness to climate stress. The study concludes with several recommendations, most notably: reinforcing integrated water governance frameworks, strengthening the monitoring and evaluation of irrigation programs, and enhancing the legal enforcement of the constitutional right to water in policy execution. This research contributes to the field by linking constitutional governance with climate-resilient water policy for agriculture.
The Effect of Conversion of Extradition Methods and Unlawful Deportation on Human Rights in Nigeria Antai, Godswill Owoche; Ndifon, Cyril Osim; Ikubanni, Oluwaseye Oluwayomi; Ogba, Sylvester Adejoh; Imiefoh , Andrew Ikhayere
Journal of Indonesian Constitutional Law Vol. 2 No. 2 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i2.67

Abstract

This study examines how the practices of secret extradition and illegal deportation violate human rights protection in Nigeria, and in particular, how such violations weaken constitutional privilege and international normative principles. The objective of this study is to examine the legal and human rights implications, particularly in situations where individuals are transferred across borders without due process or judicial supervision. Using a doctrinal research approach that is complemented by a review of national laws and extra-territorial policies, the study uses both the example of the rendition of Nnamdi Kanu and an attempted kidnapping of Umaru Dikko, among others, to argue that there appears to be a trend towards state-execution-led extra-territorial enforcement practices. The study shows that such clandestine operations often contravene the most basic rights, such as the right to a fair trial, protection against torture and the right to liberty and security of the person. The study further demonstrates an enduring conflict between the Nigerian state's interest in national security at all costs and a statutory and human right commitment under domestic and international law. The research holds that the lack of transparency, absence of legal guarantees and failure to comply with established extradition processes are undermining the rule of law and creating dangerous precedents of impunity. It calls for legislative and legal overhauls combined with enhanced judicial supervision, and respect for due process as necessary steps to herald in national security considerations in tandem with Nigeria’s human rights obligations.
The Intervention of Government in Rector Selection and Its Impact on Academic Freedom in Higher Education Institutions Rizqiyanto, Naufal; Sangadji, Sulastri; Hendrawan, Rikki
Journal of Indonesian Constitutional Law Vol. 2 No. 2 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i2.62

Abstract

Regulation of the Minister of Research, Technology, and Higher Education (Permenristekdikti) No. 19/2017 on the Appointment and Dismissal of Leaders of State Universities indicates that the Minister of Education and Culture holds 35% voting rights to elect rectors, while the university senate holds 65% voting rights. This percentage is prone to emasculating the majority vote in universities. It has an impact on the rise of high-level lobbying ahead of the rector selection, both to political parties and to the Palace. This kind of practice undermines the independence of state universities in channelling aspirations to address the state's social issues. This research contributes to the analysis of the dynamics of rector selections in Indonesia, examining the impact of government intervention on rector independence and freedom of speech, and proposing an ideal regulatory framework based on transparency, meritocracy, and autonomy. It fills a gap in existing studies by highlighting how ministerial voting rights affect academic freedom and offering a reform-oriented model for more democratic and independent university leadership. This research is a normative juridical study that employs statutory, conceptual, and case study approaches to address the problem. The results showed that, first, government intervention in the selection of rectors is problematic in a democratic country, Second, government intervention in the selection of rectors has a significant effect on the independence of freedom of higher education in responding to social issues of state, Third, Changing the provisions of government intervention in the selection of rectors in State Universities by emphasizing transparency aspects, meritocracy and independence.
Constitutional and Legislative Framework for Sustainable Environmental Management in Nigeria: Issues and Challenges Ekpenisi, Collins; Okonji, Charles; Okpoko, Mercy; Hassan Ismaila Adebowale; Aidonojie, Endurance
Journal of Indonesian Constitutional Law Vol. 2 No. 2 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i2.69

Abstract

The long-term survival and sustenance of every society are contingent on sustainable environmental management. For a country like Nigeria, with a continuous increase in the rate and intensity of environmental degradation, sustainability practices, laws, and institutions are even more critical. Rapid industrialisation, unchecked oil exploration, and ineffective regulatory enforcement have all contributed to this problem. This seemingly perpetual destruction of the environment ought to be addressed effectively, and specifically by using the country’s legal and institutional frameworks to effect some degree of positive change. However, lapses and gaps in the execution of crucial legislation, combined with gross political negligence and unwillingness to act, have hindered any form of progress. This paper examines Nigeria’s existing legal and institutional frameworks, highlights and evaluates challenges that delimit their effectiveness, and offers some insights into their apparent and expected contributions to environmental sustainability. The paper employs a doctrinal method and relies heavily on primary legislation, judicial authorities, and secondary academic sources, particularly studies from expert legal, socio-political, and environmental scholars. The study concludes with a considerable number of recommendations that suggest important areas of improvement in Nigeria’s broader plan for effective environmental management. This research contributes a comprehensive analysis of Nigeria’s constitutional and legislative frameworks for environmental management, identifying legal gaps and proposing actionable reforms to strengthen sustainable environmental governance.
The Constitutional Protection of Freedom of Artistic Expression: A Comparison between Indonesia, Iran and the United States Nurul Aisahrani; Salwa Raudhatul Nurjannah; Intan Nadia Putri; Amit Kumar Kashyap
Journal of Indonesian Constitutional Law Vol. 2 No. 2 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i2.125

Abstract

This study aims to analyse the protection of human rights in the context of artistic freedom of expression in Indonesia, Iran, and the United States, placing artworks as the primary subject of legal examination. The main contribution lies in its comparative approach, highlighting how state ideologies and legal systems influence both the protection and restriction of artistic expression. The research employs normative legal methods, incorporating statutory and comparative approaches, with a focus on national and international legal instruments that regulate freedom of expression. The findings reveal that Indonesia and Iran share similar patterns of restriction—Indonesia through multi-interpretable provisions, such as the Electronic Information and Transactions Law (ITE Law), and Iran through strict, religion-based controls, particularly targeting female artists. In contrast, the United States adopts a liberal model that provides strong constitutional protection for artistic expression, with only limited exceptions such as child pornography or threatening speech. The study concludes that Indonesia’s legal protection for artistic freedom remains inconsistent and prone to repression, while Iran demonstrates systematic restriction, and the United States offers near-absolute constitutional safeguards. Recommendations include regulatory reform in Indonesia, particularly revising the ITE Law and strengthening constitutional guarantees, to ensure that vague legal interpretations, political interests, or narrow moral constraints do not curtail artistic freedom.

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