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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 35 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 shows that Madura, as a traditional Muslim community, has become more sensitive and aware of the importance of women's and wives' rights in domestic life. As a result, husbands must take full responsibility for their families. This study employs empirical legal research methods within a sociological-legal and legal anthropology 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, state 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 Ashraf, Md Ali; Rahman, Muhammad Mahmudur; 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 definite split in the international reactions: Western democracies and the international human rights institutions interpreted the crisis as the problem of constitutionality, the rule of law, and international human rights commitments, whereas regional powers viewed the crisis as the problem of political stability, sovereignty, and non-intervention. The article also suggests that the continued international pressure together with the mobilization within the country contributed greatly to undermining the legitimacy of the existing government and the direction to the formation of the interim government that was 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 add to comparative constitutionalism studies on the way in which 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.

Page 4 of 4 | Total Record : 35

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