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Lin Asyiqoh
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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 41 Documents
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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.
Constitutional Recognition of Adat Law Communities to Create Legal Certainty Nurus Zaman; Nia Kurniati; Ortiz, Raphael D. Jackson-
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. 
Cabinet Structure during the State Financial Crisis: A Comparison of Budget Efficiency Policies between Indonesia and Argentina Vianti Nur Mauliddya Ike Safitri; Berrahlia, Badreddine; Alammari, Khalid Saleh Y
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.v2i3.197

Abstract

This study examines the financial crises in Indonesia and Argentina, focusing on the cabinet structure policies of these two countries. It aims to examine the policy models of the Indonesian and Argentine governments for restructuring their cabinets in response to the crisis while also implementing budgetary efficiency measures. This study contributes to the development of an adaptive and efficient model for cabinet restructuring in response to financial crises, and can serve as a reference for the formulation of fiscal and institutional policies. The study employs a doctrinal legal research method with a statute and comparative approach. The findings indicate that Indonesia’s operational expenditures are high; however, political considerations have resulted in inefficiencies, such as the expansion of ministries from 34 to 48. Indonesia’s fiscal efficiency remains inconsistent due to political limitations. In contrast, Argentina has enacted comprehensive and more decisive reforms, reducing the number of ministries from 18 to 8 and implementing extensive cuts across the government. Therefore, the results suggest that Indonesia’s policies are constrained by political and legal constraints, whereas Argentina’s approach relies on strong executive decrees. This study recommends that Indonesia consider merging related ministries and streamlining bureaucratic structures in accordance with national circumstances. Additionally, it proposes strengthening executive governance through legal reforms, such as establishing a formal presidential office and restricting the scope of non-essential institutions, to improve budget efficiency.
The Ratio Legis of Government Regulation in Lieu of Law as Emergency Legislation Saifulloh, Putra Perdana Ahmad; Arifin, Firdaus; Nggilu, Novendri M; Sulaiman, Dindha Shahrazade; Sarjo, Musa
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. Many reasons have been attributed to this, which include archaic culture and tradition, illiteracy, poverty, and an inadequate legal framework. Lately, however, a number of laws and instruments have been put in place to guarantee children's rights. 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. This study employs a doctrinal legal research method with a comparative legal approach. 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.
Adopting Distributive and Compensatory Justice to Determine Optimal Tax Treatment for Corporate Donations A. Battal Saleh, Younis
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:1) Tax justice among donor companies. 2) Justice and equality of rights among stakeholders. 3) 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: 1) Forming logical perceptions that reflect the explicit and implicit meanings of donations as they are in reality. 2)  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.

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