International Journal of Constitutional and Administrative Law
Focus The International Journal of Constitutional and Administrative Law (IJCAL) is a peer-reviewed journal dedicated to advancing critical, comparative, and interdisciplinary scholarship in constitutional law and administrative law, with particular attention to public-law developments in the Global South. The journal provides an academic forum for the examination of constitutional design, administrative governance, democratic accountability, institutional reform, and rights protection in emerging, transitional, and postcolonial legal systems. IJCAL places distinctive emphasis on the normative legacy of the Bandung Principles, understood not merely as a historic diplomatic milestone, but as a continuing source of constitutional values relevant to sovereignty, equality, anti-colonialism, solidarity, social justice, and public responsibility in contemporary constitutional development. In this respect, the journal welcomes contributions that explore how constitutional and administrative law in the Global South generate original legal thought, institutional innovation, and alternative normative frameworks beyond Eurocentric models of public law. The journal publishes original research articles, conceptual papers, and comparative studies that address both theoretical and practical dimensions of constitutional and administrative law. IJCAL is particularly interested in scholarship that combines doctrinal rigor with comparative, socio-legal, historical, or interdisciplinary perspectives in order to explain how constitutions and administrative institutions operate in practice across different jurisdictions. Aims promote high-quality scholarship in constitutional law and administrative law with international relevance; encourage comparative and critical studies on public-law institutions, legal reform, and governance; advance Global South perspectives in constitutional and administrative scholarship; develop scholarly engagement with Bandung-inspired constitutional values in contemporary legal discourse; and publish innovative research that strengthens understanding of institutional accountability, democratic participation, and rights protection in diverse legal systems. Subject Areas The journal welcomes manuscripts on, but not limited to, the following subject areas: constitutional change, constitutional identity, and constitutional adjudication; democracy, constitutional rights, and limitations on state power; administrative law, administrative justice, and bureaucratic accountability; institutional design, public governance, and legal reform in emerging and transitional democracies; and comparative constitutional and administrative law in the Global South, including Bandung-inspired constitutional values.
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Analysis of Legal Protection of Human Rights in the Context of State Administrative Law
Ahmad Ahmad;
Kevin Rivera
International Journal of Constitutional and Administrative Law Vol. 2 No. 1 (2026)
Publisher : Gorontalo Legal Research and Consulting
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DOI: 10.66502/ac6z6f55
This paper examines in detail the legal protection of human rights (HAM) in the context of State Administrative Law in Indonesia. Through a normative approach - the conceptual journal examines human rights from the historical side to the Juridical aspect. In this context, legal protection is not only preventive through regulations, but also repressive through the mechanism of human rights justice and the Supervision of independent institutions such as the National Commission on Human Rights and the Constitutional Court. This study also highlighted the strategic role of the State Administrative Agency in ensuring human rights through public services oriented to the principle of welfare state. In reality, the challenges of human rights protection still include violence, discrimination and especially abuse of authority, which requires comprehensive legal affirmation. Therefore, this journal recommends strengthening the capacity of bureaucracy as well as responsive law enforcement as the main guard in ensuring human rights protection in the context of democratic and just rule of State Administration Law.
Philanthropic Constitutionalism in the Global South: Reimagining Bandung through Indonesia and South Africa’s Constitutional Experiences
Novendri Nggilu;
Vivi Oktaviani Pulukadang
International Journal of Constitutional and Administrative Law Vol. 2 No. 1 (2026)
Publisher : Gorontalo Legal Research and Consulting
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DOI: 10.66502/a96rna12
The Bandung Principles have long been examined as a milestone in postcolonial diplomacy, yet they remain under-theorized within contemporary constitutional scholarship. Existing literature predominantly situates Bandung within international relations or anti-colonial legal critique, leaving unexplored its potential transformation into an enforceable constitutional paradigm of solidarity in the Global South. This article aims to reconceptualize the Bandung Principles through the framework of philanthropic constitutionalism by comparatively analyzing the constitutional experiences of Indonesia and South Africa. Employing a normative-comparative constitutional methodology grounded in doctrinal analysis and philosophical reconstruction, the study examines constitutional texts, jurisprudence, and foundational values in both jurisdictions. The analysis demonstrates that Indonesia embodies a philosophically rich yet institutionally moderated model of solidarity rooted in Pancasila and social justice, whereas South Africa institutionalizes solidarity through transformative constitutionalism, socio-economic rights enforcement, and the jurisprudential articulation of ubuntu. By synthesizing these trajectories, the article advances philanthropic constitutionalism as a novel Global South paradigm that constitutionalizes solidarity as a binding principle of governance rather than a diplomatic aspiration. This reconstruction reinterprets sovereign equality not as defensive insulation but as the foundation for self-imposed constitutional responsibility, thereby contributing a justice-oriented and postcolonial corrective to dominant global constitutional discourse.
Legal Policy on Sports Qualifications in Indonesia: Constitutional Implications of Constitutional Court Decision No. 52/PUU-IX/2011
Putra Perdana Ahmad Saifulloh;
Muwaffiq Jufri;
Firdaus Arifin;
Zico Junius Fernando;
Dhita Widya Putri
International Journal of Constitutional and Administrative Law Vol. 2 No. 1 (2026)
Publisher : Gorontalo Legal Research and Consulting
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DOI: 10.66502/rct6q772
The Phenomenon of Golf and Padel in Legal Policy The qualification of sports has become a matter of debate as to whether these activities are considered entertainment or sports?. The qualification of activities as sports or entertainment is not clearly interpreted in the Constitutional Court Decision Number 52/PUU-IX/2011. This research is a normative legal study, and and using a statutory approach and a case approach. The conclusion of this article states that golf is not categorized as entertainment. This is reinforced by Decision Number 52/PUU-IX/2011, which confirms that golf courses are not included in the types of entertainment businesses that are subject to regional taxes. Golf is considered a commercial sports service whose regulation is the authority of the central government, not the regional government. This difference in treatment has resurfaced public debate regarding the principle of fairness in taxation. On the one hand, sports like padel are considered entertainment and are subject to local taxes. On the other hand, golf, often perceived as a sport for the elite, is only subject to value-added tax, not an additional entertainment tax.. However, legally, this policy remains within the corridor of applicable tax regulations, both nationally and regionally. Ultimately, taxes will be returned to the community as a manifestation of their social function, ensuring social justice based on the principle of proportionality. Therefore, harmonizing golf-related laws and regulations is crucial to ensure optimal taxation of golf and padel and ensure legal certainty.
Constitutional, Legal, and Procedural Perspectives on Witness Protection: A Comparative Study of Nigeria, India, and the United States
Collins Ekpenisi;
Amos Godfrey Atim;
Paul Atagamen Aidonojie;
Kelechi Uzoho;
Eregbuonye Obieshi
International Journal of Constitutional and Administrative Law Vol. 2 No. 1 (2026)
Publisher : Gorontalo Legal Research and Consulting
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DOI: 10.66502/vz5x5m69
Witness protection is indispensable to the effective administration of justice because witnesses who face intimidation, retaliation, or violence are less likely to cooperate with law enforcement and judicial institutions. Despite growing scholarship on witness protection, comparative studies rarely examine how constitutional foundations, legal frameworks, and administrative enforcement mechanisms interact across jurisdictions with different levels of institutional development. This article aims to analyse the constitutional, legal, and procedural dimensions of witness protection in Nigeria, India, and the United States in order to identify major weaknesses, institutional contrasts, and reform lessons. Using doctrinal legal research combined with a comparative approach, the study examines constitutions, statutes, policy instruments, judicial decisions, and relevant scholarly literature from the three jurisdictions. The study finds that the United States has the most institutionalised and effective witness protection regime, supported by a clear statutory basis, administrative coordination, and sustained state capacity. India has made important progress by constitutionalising witness protection through judicial intervention and by adopting the Witness Protection Scheme, but its implementation remains uneven due to procedural delays, inter-state disparities, and limited resources. Nigeria, by contrast, continues to face the most serious structural deficiencies, including weak institutional coordination, restricted legal coverage, political interference, corruption, and inadequate funding. The novelty of this article lies in its integrated comparison of constitutional recognition, legal design, and practical enforcement across three contrasting systems, showing that effective witness protection depends not only on legal rules but also on institutional autonomy and administrative capacity. The article argues that reform in Nigeria and further consolidation in India must be grounded in each country’s socio-political and legal context.
Petroleum Ownership and Administration in Nigeria Under the PIA 2021: Distilling Realities From Legal Rhetoric
Ugochukwu Godspower Ehirim
International Journal of Constitutional and Administrative Law Vol. 2 No. 1 (2026)
Publisher : Gorontalo Legal Research and Consulting
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DOI: 10.66502/v9speh78
Controversy over the ownership, administration, and control of petroleum resources in Nigeria remains unresolved, particularly in light of the environmental degradation and social exclusion experienced by host communities in oil-producing regions. Although Nigerian law formally vests petroleum ownership in the Federal Government, persistent agitation in the Niger Delta suggests that this state-centric model has failed to secure legitimacy, equity, and stable petroleum governance. This article aims to examine the legal and theoretical foundations of petroleum ownership in Nigeria and to assess whether the Petroleum Industry Act 2021 (PIA) signals a meaningful shift from absolute state control toward a more inclusive governance model. Using doctrinal legal research and a comparative approach, the study analyses constitutional provisions, statutes, judicial decisions, international legal principles, and selected ownership models in the United States, Canada, and the United Kingdom. The study finds that the long-standing state ownership model in Nigeria has generated persistent conflict because it centralises legal control while excluding host communities from meaningful participation and benefit-sharing. It further finds that comparative practice in other jurisdictions demonstrates more flexible arrangements in the allocation of ownership rights, administrative authority, and resource benefits. The article’s novelty lies in its argument that the recognition of Host Communities under the PIA 2021 marks the emergence of a mixed or inclusive ownership logic within Nigeria’s petroleum governance framework, even though the constitutional language of federal ownership remains formally unchanged. The article concludes that sustainable petroleum governance in Nigeria requires a clearer legislative framework that consolidates host community participation, strengthens benefit-sharing arrangements, and aligns legal ownership with the practical realities of resource administration.