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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
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Search results for , issue "vol. 3 no. 1 (2026): journal of indonesian constitutional law" : 5 Documents clear
Constitutional Recognition of Adat Law Communities to Create Legal Certainty Nurus Zaman; Nia Kurniati; Raphael D. Jackson- Ortiz
Journal of Indonesian Constitutional Law Vol. 3 No. 1 (2026): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v3i1.203

Abstract

This study aims to determine the state's legal politics on the conditional recognition of Adat Law Communities (ALCs) under the 1945 Constitution, which remains uncertain, leading to acts of violence and discrimination. This study contributes to providing stakeholders with an understanding that every state's legal politics must be based on the principle of a unitary state as stipulated in the 1945 Constitution, with implications for the recognition of ALCs. This study uses a doctrinal legal method with a statute and conceptual approach. The findings of this study are that, so far, the government considers conditional legal politics regarding state recognition of ALCs to be the right choice in a unitary state, namely, one without independent collective power. Furthermore, violations of the ALCs under Article 18B paragraph (2) of the 1945 Constitution, particularly those related to the principle of a unitary state, are unclear because the scope of a unitary state is not constitutionally regulated. However, if such violations are deemed breaches, the state has the authority to revoke the existence of these ALCs. The conclusion of this study is that the state's political law choices, as reflected in constitutional regulations, must be clearly defined to uphold the value of legal certainty. The formulation of legal norms in Article 18B paragraph (2) of the 1945 Constitution should not require the existence of ALCs, as the parameters of the unitary state are clearly regulated in the constitution. 
The Ratio Legis of Government Regulation in Lieu of Law as Emergency Legislation Putra Perdana Ahmad Saifulloh; Firdaus Arifin; Novendri M Nggilu; Dindha Shahrazade Sulaiman; Musa Sarjo
Journal of Indonesian Constitutional Law Vol. 3 No. 1 (2026): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v3i1.230

Abstract

This study aims to examine the hierarchy, the meaning of urgent necessity, and the substance of Government Regulations in Lieu of Law (Perppu) from the perspective of emergency constitutional law. This study contributes to efforts to emphasise the importance of regulatory reform regarding the formulation of legislation, which is necessary to: First, clarify the hierarchy of Perppu within the legal system, as it is inappropriate to equate Perppu-as emergency legislation-with Law, which is legislation under normal conditions. Therefore, Perppu need not be included in the legislative hierarchy. Secondly, to clarify the meaning of urgent necessity as a prerequisite for the President to issue a Perppu. Thirdly, to clarify the substantive content of Perppu. This research is a normative legal study employing a juridical, historical, and conceptual approach. The findings indicate that the current regulation of Perppu does not fully reflect the concept of emergency legislation, particularly regarding hierarchy and substantive content. Legal reform is required to strengthen the position of the Perppu as an emergency legislation within Indonesia’s constitutional system, so that its use can be strictly and clearly limited and issued only when the state is in a state of emergency. The recommendations of this study are to reconstruct the hierarchy, clarify the meaning of ‘urgent need’, and define the content of the Perppu so that it meets the requirements of emergency legislation.
Global Efforts to Combat Child Sexual Abuse: An Examination of International Instruments and Their Implications Ololade Adejoke Olateru-Olagbegi; Akin O. Oluwadayisi
Journal of Indonesian Constitutional Law Vol. 3 No. 1 (2026): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v3i1.65

Abstract

Globally, particularly in Africa, children’s rights have long been relegated to the back, and sometimes, they are being portrayed as non-existent. Many reasons have been attributed to this, which include archaic culture and tradition, illiteracy, poverty, and an inadequate legal framework for the protection of children. Lately, however, a number of laws and instruments have been adopted to guarantee children's rights worldwide. This paper examines the various international and regional instruments that are in place to guarantee the rights of children and protect them against sexual abuse or exploitation. Four levels of legal protection are identified: international, regional, and sub-regional. It is posited that although all the layers of protection identified are important, the most relevant for the daily experience of child victims of sexual abuse. This, however, does not derogate the importance of other instruments; rather, they form the foundation upon which national and state laws are based. The conclusion of this paper is that, despite the various laws put in place for the protection of the rights of children, the incidents of child sexual abuse, sexual exploitation, and child trafficking for sexual exploitation are increasing at an alarming rate globally. This has been attributed to the poor economic situation and high poverty rate ravaging the country. It is hoped that with improved economic conditions, improved quality education, coupled with concerted efforts by governments and CSOs in enforcing these laws, there would be a drastic reduction in the rate of child abuse and child sexual exploitation being experienced in many countries.
Adopting Distributive and Compensatory Justice to Determine Optimal Tax Treatment for Corporate Donations Younis A. Battal Saleh
Journal of Indonesian Constitutional Law Vol. 3 No. 1 (2026): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v3i1.229

Abstract

This study aims to demonstrate how to determine the tax treatment of corporate donations in a scientifically correct manner that ensures the following: First, tax justice among donor companies. Second, justice and equality of rights among stakeholders. Third, avoiding the distortion of the thought of CSR. This study adopts the concepts of distributive and compensatory justice to determine optimal tax treatments for corporate donations. Evaluating corporate donations on the ground is essential to determine tax treatment under this approach. Based on the results of the evaluation, the following actions are taken: First, forming logical perceptions that reflect the explicit and implicit meanings of donations as they are in reality. Second, determining the type of justice (distributive or compensatory) that should be adopted as the basis for tax treatment. Using a distributive and compensatory justice approach that is based primarily on rational evaluation, this research article identified "seven possible scenarios" for the tax treatment of corporate donations. The central idea of using distributive and compensatory justice as a philosophical foundation for differentiating tax treatments is a significant and original contribution. It moves the debate beyond the simplistic "incentive or no incentive" question to a more nuanced inquiry: "what kind of tax treatment, for what kind of company, under what circumstances?". The proposed seven scenarios and the structured evaluation framework provide a powerful and justifiable foundation for policymakers to design more equitable and sophisticated tax systems. This approach could genuinely inform global tax reforms. Adopting a distributive and compensatory justice approach to determining optimal tax treatments for corporate donations can help protect the concept of CSR from distortion.
Human Rights Legal Protection for Child Victims of Sexual Crimes: The Perspective of Aceh's Qanun Jinayat Rosbayatinur; Onny Medaline
Journal of Indonesian Constitutional Law Vol. 3 No. 1 (2026): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v3i1.231

Abstract

This study aims to analyze the regulation and implementation of legal protection for child victims of sexual crimes under Qanun Aceh Number 6 of 2014 on Jinayat Law, with particular emphasis on the perspective of human rights protection and Islamic law in Aceh. The study contributes to the development of constitutional and criminal law scholarship by integrating child protection principles, human rights norms, and the doctrinal application of Jinayat Law in judicial practice, particularly through the analysis of Decision Number 5/JN/2026/MS.Aceh. This research employs a normative juridical method with a case approach, relying on statutory analysis, human rights instruments, Islamic legal principles, and judicial reasoning. The findings show that the Jinayat framework provides formal legal protection for child victims through the criminalization of sexual harassment and rape, as well as through ta’zir sanctions. However, the practical application of protection remains strongly dependent on the strict interpretation of statutory elements, especially the requirement of penetration in rape cases. From a human rights perspective, such protection must not only ensure legal certainty and punishment, but also guarantee the dignity, recovery, and best interests of the child as a vulnerable rights-holder. The study concludes that legal protection for child victims in Aceh requires a more child-centered and rights-based interpretation. It recommends strengthening harmonization between the Jinayat law, the national child protection law, and international human rights standards in order to ensure more comprehensive protection for child victims of sexual crimes.

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