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 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.
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. 
Àmòtékùn 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.

Page 3 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