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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 46 Documents
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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.
Reformulating Government Regulations in Lieu of Laws through Fast-Track Legislation within the Framework of Deliberative Democracy Amiliya; Trisnawati Sijabat; Faroid; Oluwaseye Oluwayomi Ikubanni; Sylvester Adejoh Ogba
Journal of Indonesian Constitutional Law Vol. 3 No. 2 (2026): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v3i2.64

Abstract

This study aims to reformulate the mechanism for forming Government Regulations in Lieu of Laws (Perppu) through a fast-track legislation approach grounded in deliberative democracy. It addresses the constitutional problems arising from broad presidential discretion, unclear parameters of “compelling urgency,” limited legislative oversight, and the absence of public participation in emergency lawmaking. The study contributes a normative model that seeks to reconcile the need for rapid governmental responses to urgent circumstances with democratic legitimacy, transparency, accountability, and public participation. Using normative legal research, the study applies a statute approach and a conceptual approach, examining the 1945 Constitution, Law Number 12 of 2011 concerning the Formation of Legislation, legal literature, and the theories of deliberative democracy developed by Jürgen Habermas and James S. Fishkin. The findings demonstrate that Perppu formation remains vulnerable to executive dominance, politicization, and weak participatory safeguards, despite constitutional and judicial limitations. The study further finds that fast-track legislation can accelerate emergency lawmaking while retaining checks and balances, provided it incorporates deliberative principles of influence, inclusion, open dialogue, access to information, and meaningful participation. The study concludes that reformulating Perppu formation through a selectively applicable fast-track procedure can strengthen its democratic legitimacy without undermining its responsiveness to compelling urgency. It recommends revising Law Number 12 of 2011 to establish clear eligibility criteria, procedural safeguards, public consultation mechanisms, transparency requirements, and stronger parliamentary oversight.
Judicial Review and Constitutional Courts in ASEAN: Lessons from Indonesia for Vietnam Giao Vũ Công; Ngân Nguyễn Duy Hà
Journal of Indonesian Constitutional Law Vol. 3 No. 2 (2026): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v3i2.232

Abstract

This article examines the institutional design and practical operation of judicial review in ASEAN through a comparative analysis of Indonesia and Vietnam. It analyzes how constitutional supremacy is operationalized within distinct constitutional frameworks and assesses the structural implications of judicialized and political models of constitutional protection. Using a qualitative legal-comparative and contextual methodology, the study examines constitutional provisions, statutory arrangements, and selected jurisprudence of Indonesia's Constitutional Court (Mahkamah Konstitusi), while situating Vietnam's framework within broader debates on political constitutionalism and socialist constitutional systems. The findings indicate that Indonesia represents a relatively strong form of judicialized constitutionalism, characterized by concentrated constitutional jurisdiction, the development of remedial techniques, and active engagement in politically sensitive disputes, particularly electoral and institutional conflicts. In contrast, Vietnam maintains a dispersed, predominantly political model of constitutional supervision in which constitutional supremacy is normatively affirmed but not judicialized. The comparison suggests that the principal distinction between the two systems lies not in the formal recognition of constitutional supremacy, but in the institutional mechanisms available to enforce it. This article contributes to comparative constitutional scholarship by developing an ASEAN-centered comparative framework and identifying context-sensitive institutional lessons from Indonesia for constitutional reform in Vietnam. The article concludes that selective, incremental reforms enhance judicial protection of constitutional rights in Vietnam while remaining attentive to domestic political and structural conditions.
An Analysis of the Legal and Human Rights Protection for Cyberbullying for Athletes in Malaysia Thieveeya Krishnan; Yamunaa Nyanasekaran; Maheran Makhtar
Journal of Indonesian Constitutional Law Vol. 3 No. 2 (2026): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v3i2.234

Abstract

This study critically evaluates the efficacy of Malaysia’s statutory and human rights frameworks in safeguarding athletes against the rising tide of cyberbullying and online abuse. Operating within a high-performance environment where performative toxicity and performance-triggered vitriol are prevalent, athlete protection remains severely hindered by statutory fragmentation, legislative ambiguity, and inadequate procedural mechanisms. The primary catalyst for this research stems from critical legislative gaps, specifically, the lack of explicit statutory definitions for the terms bullying and cyberbullying, combined with inadequate penal sanctions and fragmented procedural mechanisms. Employing a mixed doctrinal and qualitative empirical methodology comprising statutory critique, comparative legal analysis against statutory models in Singapore and Australia, and semi-structured interviews with 16 national athletes, this paper exposes major structural defects in existing Malaysian legislation, including the Communications and Multimedia Act (CMA) 1998, Penal Code, Minor Offenses Act 1955, Defamation Act 1957 and Evidence Act 1950. Singapore and Australia were selected as comparative jurisdictions due to their advanced, purpose-built legal frameworks governing cyberbullying and digital harm... The findings demonstrate that Malaysia’s existing legal framework remains inadequate in addressing the complex realities of cyberbullying, with empirical evidence from 16 national athletes revealing significant emotional, psychological, and professional consequences arising from digital harassment, thereby highlighting the urgent need for a more coherent and rights-based regulatory framework.
Religious Freedom and Hajj Quota Redistribution in Indonesia: Lessons from Malaysia Wika Milatul Jannah; George Mulingi Mugabe
Journal of Indonesian Constitutional Law Vol. 3 No. 2 (2026): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v3i2.237

Abstract

This study analyzes Hajj quota allocation from the perspective of the constitutional right to freedom of religion, as guaranteed by Article 28E, Paragraph (1), and Article 29 of the 1945 Constitution, as well as international human rights instruments. To date, there have been very few studies that frame the management of Hajj quotas as part of the state’s positive obligation to guarantee freedom of religion. To address this gap, the researcher employs a constitutional rights approach and a human rights-based approach using a normative legal methodology through an analysis of legislation, Constitutional Court rulings, and international human rights standards. The research findings indicate that transferring Hajj quotas without a clear legal basis and without pilgrims' consent violates the principles of legality, accountability, non-discrimination, and justice, and reflects political and economic interests that disregard good governance. This study expands the scope of constitutional law by affirming that managing Hajj quotas constitutes a positive obligation of the state to guarantee freedom of religion. Thus, transferring Hajj quotas contradicts the principle of constitutional governance and the state’s obligation to protect human rights. Consequently, this study advocates strengthening regulations, establishing independent oversight mechanisms, and enhancing judicial review of Hajj administrative policies to ensure that Hajj administration remains consistent with the protection of citizens’ constitutional rights.
The Position of the Notary Supervisory Council in the Indonesian State Administration System Mohammad Nurul Huda; Laila Muhammad Rasyid; Faisal Fauzan; Bhismoadi Tri Wahyu Faizal
Journal of Indonesian Constitutional Law Vol. 3 No. 2 (2026): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v3i2.273

Abstract

This research aims to critically analyze and examine the position of the Notary Supervisory Council (Majelis Pengawas Notaris or MPN) within the state structure of the Republic of Indonesia, in accordance with the 1945 Constitution of the Republic of Indonesia. This article addresses an academic gap by providing an in-depth analysis of the MPN's position from the perspective of constitutional law and the separation of powers (trias politica), which previous studies have overlooked in favor of technical operational aspects or state administrative law. The methodology employed is normative legal research, utilizing statutory and conceptual approaches. Primary legal materials analyzed include the 1945 Constitution, the Law on the Notary Profession, and the Law on Government Administration, supported by secondary and tertiary legal materials. The status of the MPN is considered sui generis and fraught with paradoxes. Institutionally, the MPN is established through ministerial attributive authority; however, the form of authority delegation is unclear (delegation or mandate), creating legal uncertainty. Furthermore, the MPN is classified as a state administrative body/official, but its ambiguous legal status affects accountability and budgeting, resulting in supervisory inefficiencies. The MPN's unclear position within the state system may create conflicts of interest, as the executive supervises a judicial function (notaries), and hinder the realization of good governance. Therefore, re-affirming the MPN's legal status through regulatory revision is necessary to ensure legal certainty and effective supervision.

Page 5 of 5 | Total Record : 46

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