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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 11 Documents
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Search results for , issue "vol. 2 no. 3 (2025): journal of indonesian constitutional law" : 11 Documents clear
Legal Education and Training in Kenya: Challenges and Prospects Ratemo Tom Junior
Journal of Indonesian Constitutional Law Vol. 2 No. 3 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i3.71

Abstract

The legal profession has attracted and continues to attract numerous high school and college graduates who aspire to join the profession. This is primarily due to various reasons, which, among other things, relate to the fact that it is one of the courses that offers a multitude of career options, job security, respect, and financial stability. Despite the foregoing, the profession faces myriad challenges. For instance, high standards are set to excel in the profession and/or to accredit legal education service providers. Excessive competition among law schools for the dwindling pool of qualified prospective students, combined with inadequate funding, has adverse effects on staff recruitment, research, and institutional development. It is for these reasons that this paper, employing a doctrinal research method, endeavors to analyze the history of legal education and training, as well as the regulatory framework that facilitates it in Kenya, with a specific emphasis on the Bachelor of Laws and Advocates Training Programmes. Additionally, the paper examines the role, challenges, and prospects of the Council of Legal Education and the Commission for University Education in regulating and supervising legal education in Kenya, with a particular focus on promoting quality in legal education. Finally, in order to enhance quality in legal education in Kenya, the paper proposes two main recommendations: amendment of the Kenya School of Law Act 2012 and the Legal Education Act 2012 to cure the existing superiority contest between the Acts and designing law programmes taking into account the current and future market demands.
Critique Against the Government: Freedom of Speech and Expression in Malaysia Hamdan, Siti Nursyafiqah Binti; Nordin, Rohaida Binti
Journal of Indonesian Constitutional Law Vol. 2 No. 3 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i3.70

Abstract

This research investigates the scope and constraints of free speech and expression in Malaysia, with a primary emphasis on critiques of the government. It aims to dissect how the liberties guaranteed by Article 10 of the Federal Constitution are limited by legislation such as the Sedition Act 1948, the Communications and Multimedia Act 1998, and the Printing Presses and Publications Act 1984. It contributes to the discourse on constitutional and human rights by highlighting how the selective enforcement of these statutes suppresses dissent, promotes self-censorship, and undermines democratic participation, while also offering comparative insights into how Malaysia’s legal framework diverges from international standards. The research employs a qualitative doctrinal method, analyzing constitutional provisions, statutory texts, case law, and international treaties. It is supplemented by secondary sources, including academic commentary and media reports, as well as a comparative analysis of other jurisdictions. The findings reveal that despite constitutional promises, freedom of expression remains heavily restricted through outdated and vaguely worded laws, illustrated by high-profile cases involving journalists, activists, and opposition figures that demonstrate patterns of legal intimidation and abuse of power; although digital media provides new avenues for discourse, it remains closely monitored by state authorities. The study concludes that legislative reform is essential to narrow the scope of restrictive laws, align domestic practices with international human rights norms, enhance judicial independence, and promote greater transparency and accountability, thereby ensuring a balanced approach that protects free expression while maintaining societal stability.
Fundamental Objectives and Directive Principles of State Policy in the Nigerian Constitution: Re-Examining the Non-Justiciability of Socio-Economic Rights Babafemi Odunsi; Ogbole Ogancha O; Oreoluwa Omotayo Oduniyi
Journal of Indonesian Constitutional Law Vol. 2 No. 3 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i3.191

Abstract

This study examines the projections and weaknesses in realising the socio-economic rights enshrined in Chapter II of the 1999 Constitution of the Federal Republic of Nigeria (as amended). It also elaborates on the main objectives and directives of the state policy. This study explicitly examines each objective and directive principle, as well as how they are designed to improve the quality of governance based on social and economic rights. This study uses a doctrinal legal method with a conceptual, statute, and case law approach. A key finding of this study is that these constitutional provisions, although not legally enforceable, can be applied under clear and defined parameters. These important limitations are explained in detail in the 1999 Constitution. This is mainly due to current efforts in other jurisdictions with similar provisions that support the enforcement and applicability of such constitutional provisions to strengthen and promote socio-economic rights. This study also identifies challenges that hinder the enforcement of Chapter II of the Constitution, mainly related to efforts to realise social and economic rights in the administration of government in Nigeria. This study concludes by providing reasonable recommendations to make this constitutional objective enforceable in court and achievable, as applied in other jurisdictions. Thus, the contribution of this study is how the government, through its legal institutions, can guarantee the enforcement of social and economic rights for every citizen in Nigeria. 
Amotekun Corps: Constitutionality or Otherwise as a Subnational Response to Security in a Federal State Olusegun Femi Akeredolu
Journal of Indonesian Constitutional Law Vol. 2 No. 3 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i3.189

Abstract

The government exists essentially to secure the welfare and safety of its people. In a modern democratic society like Nigeria, this duty is constitutionally anchored but practically challenged by the over-centralization of security control in the federal government. The recurring insecurity across the country has therefore rekindled the debate on the need for a decentralised security framework that reflects the spirit of federalism. This study aims to examine the constitutional validity of subnational security structures and the legality of law enacted by the State House of Assembly in response to security challenges within the State, particularly the Amotekun Corps, as a model for security federalism in Nigeria. It specifically seeks to determine (i) whether Amotekun violates section 214(1) of the Constitution; (ii) how sections 11(2) and 14(2)(b) provide legal grounds for its existence; and (iii) what framework can reconcile subnational security initiatives with federal authority. The study adopts a doctrinal research method, relying on statutes, judicial authorities, and scholarly writings, with particular attention to the legal foundation and operation of the Ondo State Security Network Agency (Amotekun Corps). It argues that security federalism, properly structured within constitutional limits, will promote efficiency, accountability, and community participation in policing. The study contributes to the growing discourse on federal reform in Nigeria by offering a normative framework for balancing national security with sub-national responsibility through shared constitutional authority.
Community Reintegration of Juvenile Offenders in Vietnam: Public Perceptions, Legal Framework, and Lessons from Indonesia Vũ Công , Giao; Nguyễn Duy Hà, Ngân
Journal of Indonesian Constitutional Law Vol. 2 No. 3 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i3.194

Abstract

This article examines the community reintegration of juvenile offenders in Vietnam, with a particular focus on public perceptions, the legal framework, and policy implications, drawing on references from Indonesia. The purpose is to examine how reintegration is framed not only as a matter of criminal policy but also as a constitutional and human rights obligation, given that both the Vietnamese and Indonesian Constitutions affirm the protection of children and respect for human dignity. The contribution of this study lies in linking constitutional and human rights principles with comparative juvenile justice practices, thereby addressing a gap in existing research that often separates legal analysis from social attitudes. The study employs a combined doctrinal and comparative legal method, complemented by an exploratory survey of community attitudes in Vietnam. Findings reveal that while the statutory framework provides for diversion, non-custodial measures, and support services, gaps remain in implementation due to weak inter-agency coordination and persistent social stigma. Public perceptions strongly support educational and family-based reintegration but are more cautious toward community service and restorative justice mechanisms. Comparative insights from Indonesia highlight clearer diversion thresholds, the integration of social workers, and the role of village-level institutions in supporting reintegration. The article concludes that strengthening Vietnam's framework requires the constitutionalization of the right to reintegration, the implementation of individualized case management, the expansion of non-custodial measures, and the enhancement of public trust through effective communication strategies.
Gender Equality and Divorce: Legal Guarantees of Women's Rights and Their Misuse in Traditional Muslim Communities Sufyan, Akhmad Farid Mawardi; Kamil Strzępek
Journal of Indonesian Constitutional Law Vol. 2 No. 3 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i3.196

Abstract

The divorce rate in Madura over the past three years has increased to thousands of cases. Notably, 70% of the causes can be attributed to divorce suits filed by wives. This indicates that Madura, as a traditional Muslim community, has become more sensitive to and aware of the importance of women's and wives' rights within the household. As a result, husbands must take full responsibility for their families. This study employs empirical legal research methods within a socio-legal and anthropo-legal approach and was conducted in four districts in Madura. The results show that women's awareness of their rights as wives in the four districts of Madura has increased significantly. This factor has also led wives to file for divorce because their husbands have not fully fulfilled their obligations. These lawsuits are interesting because they can be comprehensively and contextually understood based on religious arguments against divorce and the position of women who file for divorce. This study contributes to efforts to promote gender equality in the household by ensuring that the rights and obligations of husbands and wives are fully upheld, as these rights are guaranteed in the constitution, positive law, and Islamic law. Any form of neglect in fulfilling these rights has the potential to demean women and ultimately lead to divorce.
Legal Challenges Limiting Women’s Rights to Research Scholarship: A Comparative Analysis of Nigeria, Uganda and Indonesia Aidonojie, Paul Atagamen; Kelechi Jude Onwubiko; Okpoko, Mercy Osemudiame; Kelechi, Uzoho; Obieshi Eregbuonye
Journal of Indonesian Constitutional Law Vol. 2 No. 3 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i3.200

Abstract

It suffices to state that women are key stakeholders in meaningful development and sustainable growth. Concerning this, in education, women possess the capacity and potential to conduct scholarship research, teach, inspire, and mentor students. However, certain factors limit women’s academic rights in Nigeria, Uganda, and Indonesia, thereby negatively affecting scholarship and research. Hence, the study adopts a doctrinal approach, and the data obtained were analysed using descriptive and analytical methods. The study found that women in Nigeria, Uganda, and Indonesia play crucial roles in sustainable education through research, scholarly teaching, nurturing, and mentoring. The study further found that several factors often limit women’s rights to quality education and research scholarship. Some of these factors include limited resources, an ineffective legal framework in championing the cause of women, most especially in Nigeria, cultural and social norms that tend to subject women to domestic housework, and a lack of an academic institutional support system. The study therefore concludes and recommends that to curtail these challenges, women’s rights to academic freedom in Nigeria, Uganda, and Indonesia. There is a need to reform tertiary institutional policies to support women's academic career development. Provide sufficient funding for women in academic, training, and mentorship programs. This study aims to address significant legal and systemic barriers to women's participation in academia in Nigeria, Uganda, and Indonesia. The contribution of this study is a regulatory model designed to promote the fulfilment of women's rights in research and scholarship.
Constitutional Amendments in Indonesia: An Analytical Perspective of the Reformation Agenda Mendy, Ousu
Journal of Indonesian Constitutional Law Vol. 2 No. 3 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i3.201

Abstract

Constitutional amendments in Indonesia are commitments to end authoritarianism and usher in a democratic dispensation. This is one of the fundamentals of a new constitutional order. However, given the lack of political will, the four constitutional amendments have fallen short of the expectation of what they ought to have delivered. The study adopts a doctrinal legal scholarship through the exploration of opinions on constitutional amendments in relation to Pancasila democracy in Indonesia. This research seeks to establish that a fifth constitutional amendment is not necessary, as the previous amendments are not yet effectively implemented. The research finds that Indonesia’s democracy is in danger of regression because the current influence of anti-reformist elites depicts democratic stagnation and setbacks. As a civil law country, Indonesia has enacted an unprecedented number of pieces of legislation, and yet, it does not fulfil the dreams of the reformers. Indonesia lacks the political will to enforce norms that were created in the aftermath of the reformation agenda, and thus questions the essence of the four amendments. While new laws are a sine qua non of a new constitutional order, political will is a non-negotiable factor in implementation. This study, therefore, recommends that the State create an institutional transformation agenda for a new constitutional order in line with Pancasila. A fifth constitutional amendment is not necessary since the four amendments are yet to be fully implemented. 
From Protest to Political Transition: International Responses to Bangladesh's 2024 Movement in the Context of Emergency Constitutional Law Md Ali Ashraf; Muhammad Mahmudur Rahman; Md. Basirulla
Journal of Indonesian Constitutional Law Vol. 2 No. 3 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i3.204

Abstract

This paper examines how other countries reacted to the July 2024 student movement in Bangladesh through the prism of constitutional crisis and emergency rule. The demonstrations that began over the reinstatement of the civil service quota system quickly escalated into a nationwide struggle against the constitutional order, marked by rampant violations of constitutionally guaranteed rights, including the right to life and personal liberty, freedom of assembly and expression, and the right against arbitrary arrest. The state's response, manifested in the overuse of force, mass detentions, and long-term internet bans, in fact, precipitated a de facto constitutional crisis without a declaration of a state of emergency. This study will employ a qualitative research design, using documentary and thematic content analyses of official statements, human rights reports, international media coverage, and policy briefs published between July 2024 and February 2025. The results show a clear split in international reactions: Western democracies and international human rights institutions interpreted the crisis as a problem of constitutionality, the rule of law, and international human rights commitments, whereas regional powers viewed it as a problem of political stability, sovereignty, and non-intervention. The article also suggests that continued international pressure, together with mobilization within the country, contributed greatly to undermining the legitimacy of the existing government and to the formation of the interim government operating under the conditions of constitutional necessity. The place of international responses within the context of constitutional emergency and international human rights law, therefore, allows the study to contribute to comparative constitutionalism studies on how international actors affect constitutional failure and post-crisis state politics.
Constitutional Protection of Patient Privacy in the Digital Age during a Health Emergency Aljazi, Jehad D.; Ehjelah, Abdullah; Mohammed Gassim Obeidat , Yusuf; Bahaaeddin M.S. Khwaira
Journal of Indonesian Constitutional Law Vol. 2 No. 3 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i3.216

Abstract

This study aims to analyze the protection of patient privacy in the digital space in Jordan, focusing on the impact of social media on individuals' health data and assessing the adequacy of the current legislative framework. The study contributed to clarifying the scope of constitutional and legal protection of patients’ right to privacy in the relevant legislation against violations committed through social media platforms. It also analyzed the Defense Order on protecting the privacy of COVID-19 patients and highlighted the psychological impact of violating their privacy. This study employs a doctrinal legal research method that relies on a legislative and constitutional analysis approach to Jordanian privacy law. The results showed that privacy is no longer confined to traditional dimensions but has extended to the digital space, which represents an integral part of personal identity. The study also demonstrated that social media provides an environment vulnerable to health data violations, exposing patients to defamation and social stigma. Although Jordanian legislation provides constitutional protection for privacy, it lacks effective enforcement tools to address digital violations. This study concludes that developing a modern legislative system with clear controls over digital responsibility and raising legal and social awareness are crucial amid numerous violations of patients' constitutional right to privacy, especially during a health emergency. The study recommends that the legislature adopt more effective oversight, accountability, and remedial mechanisms when digital rights are violated, thereby enhancing the state’s ability to protect health privacy amid digital transformation.

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