cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
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,
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 30 Documents
 1   2   3 
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.
Actualization of Public Service Principles by the Ombudsman of the Republic of Indonesia Habibullah, Abd Wachid; Rahayu, Karindra Yusnita Puji; Tsabita, Ananda Tsany; Aini, Diyanah Artu; Marantika, Dewi
Journal of Indonesian Constitutional Law Vol. 1 No. 2 (2024): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v1i2.30

Abstract

The Ombudsman is an independent institution where in carrying out its duties and authorities the Ombudsman runs independently and there is no interference from other institutions or agencies. In this article, we use qualitative normative methods to present data critically and descriptively based on legal norms, legal theories, and legal doctrines regarding the Ombudsman. Using this method, we will present transparently the extent to which the ombudsman is effective in carrying out his functions and duties, especially in handling administration based on the principles of public service, of course, related to the General Principles of Good Government. With the results of the research we conduct, it can provide an overview of the existence of the Ombudsman whether it is optimal and significant for handling and improving the quality of public services with several challenges faced in it such as human resources and compliance from government agencies. With some of the things that we will describe, we will be able to underline the importance of the role and also the existence of the Ombudsman in serving in the community in accordance with the General Principles of Good Government.
Countermeasures for Environmental Damage Caused by Drilling Water Sources for The Mineral Water Industry Hafid, Raden Bagus Mochammad Ramadhan Razief; Sahrudin, Sahrudin; Farid, Ahmad
Journal of Indonesian Constitutional Law Vol. 1 No. 2 (2024): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v1i2.36

Abstract

The mineral water industry has grown rapidly in recent decades, as people have become more aware of the importance of quality drinking water. However, overexploitation of groundwater to meet the needs of this industry can cause significant environmental damage. This abstract discusses various measures that can be taken to mitigate environmental damage due to the drilling of water sources for the mineral water industry. One of the main solutions is to implement stricter regulations related to groundwater extraction. This includes limiting the amount of water that can be withdrawn by mineral water companies, as well as implementing higher water quality standards. The government also needs to conduct stricter supervision of mineral water industry activities to ensure compliance with applicable regulations. Another important effort is to encourage the use of more environmentally friendly technologies in the water intake and treatment process. For example, the use of reverse osmosis systems that are more water-efficient than conventional methods. The mineral water industry also needs to educate the public about the importance of preserving the environment, and encourage community participation in efforts to conserve water resources. In addition, it is important to develop alternative water sources for the mineral water industry, such as treated surface water or seawater. This can help reduce the pressure on.
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.

Page 2 of 3 | Total Record : 30

 1   2   3 

Filter by Year

2024 2025


Reset
Filter By Issues
All Issue Vol. 2 No. 3 (2025): Journal of Indonesian Constitutional Law Vol. 2 No. 2 (2025): Journal of Indonesian Constitutional Law Vol. 2 No. 1 (2025): Journal of Indonesian Constitutional Law Vol. 1 No. 3 (2024): Journal of Indonesian Constitutional Law Vol. 1 No. 2 (2024): Journal of Indonesian Constitutional Law Vol. 1 No. 1 (2024): Journal of Indonesian Constitutional Law