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INDONESIA
'ADALAH
Published by Universitas Islam Negeri Syarif Hidayatullah Jakarta
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
ADALAH is “one of the ten most influential law journals in the world, based on research influence and impact factors,” in the Journal Citation Reports. ADALAH also publishes student-written work.Adalah publishes pieces on recent developments in law and reviews of new books in the field. Past student work has been awarded the International Law Students Association’s Francis Deak Prize for the top student-written article published in a student-edited international law journal.
Arjuna Subject : -
Articles 430 Documents
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The Constitution as a Reflection of National Identity and Character Yunus, Nur Rohim
ADALAH Vol 7, No 5 (2023)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v7i5.46361

Abstract

The constitution reflects a nation's identity and character, reflecting its people's values, history, and ideals. As the highest fundamental law, the constitution regulates various aspects of national and state life, including the system of government, human rights, and the obligations of citizens. This essay discusses how the Constitution is a legal guideline and a symbol of national identity. The history of constitutional changes reflects social and political dynamics, showing how the nation adapts to the times without losing its fundamental values. This essay also reviews the importance of every citizen's understanding and practice of the Constitution so that everyday life's values are truly realised. Thus, the constitution is not only a legal document, but also the soul that shapes the character and direction of the nation's future.
Constitutional Philosophy: The Basic Foundation of the Legal State Yunus, Nur Rohim
ADALAH Vol 7, No 6 (2023)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v7i6.46343

Abstract

This essay examines the role of the constitution as a fundamental element in forming a democratic and just state based on law. In the philosophical dimension, the constitution is seen not only as a legal document but also as a reflection of fundamental values that reflect the identity of a nation, such as justice, freedom, and respect for human rights. This essay explains that a state based on law prioritises the supremacy of law, where all government actions must be based on the law, not the power of specific individuals or groups. According to legal philosophy, an ideal constitution must regulate the separation of powers, checks and balances mechanisms, and protection of citizens' rights. This essay also discusses the challenges that arise if a country does not have a strong constitution, which has the potential to cause legal uncertainty and political instability, and provides recommendations for strengthening the constitution in building a just state based on law.
The Constitution as an Instrument for the Protection of Human Rights Yunus, Nur Rohim
ADALAH Vol 7, No 1 (2023)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v7i1.46348

Abstract

The constitution is the highest fundamental law and is the main instrument in protecting human rights (HAM). This essay discusses the importance of the constitution in guaranteeing individual freedom and balancing state interests with citizen rights. However, implementing human rights in the constitution often faces a dilemma, especially when national interests clash with personal liberty. With a strong philosophical, sociological, and legal foundation, the constitution can effectively ensure justice and freedom for all. In addition, strengthening legal mechanisms, socialising human rights, harmonising with international standards, and increasing community participation are strategic steps to make the constitution the main pillar in enforcing human rights. Thus, the constitution is not only a legal text, but also a dynamic and adaptive tool for protecting rights to the development of the times.
Constitution and Political Ethics: Finding Common Ground Yunus, Nur Rohim
ADALAH Vol 7, No 6 (2023)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v7i6.46360

Abstract

The Constitution and Political Ethics Essay: Finding Common Ground discusses the relationship between the Constitution as the highest law in a country and political ethics as the moral foundation in government. This essay highlights the importance of balancing objective legal principles and ethical values that can maintain political integrity and justice in national life. Several recommendations include preparing a constitution based on universal values, increasing political education based on ethics, and strengthening political ethics monitoring institutions. In addition, integrating ethics into the legal system, public participation in politics, and applying sanctions for ethical violations are crucial steps in maintaining political morality. By building a political culture based on honesty and responsibility, it is hoped that the constitution will be a legal tool and reflect ethical values that guarantee a just and democratic government.
Constitution and the Limitation of Power: Montesquieu's Perspective Yunus, Nur Rohim
ADALAH Vol 7, No 1 (2023)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v7i1.46365

Abstract

This essay discusses the importance of limiting power in a government system to prevent abuse of authority and maintain a balance of power between state institutions. Through his theory of separation of powers in The Spirit of Laws (1748), Montesquieu emphasized that power should be divided into three main branches—legislative, executive, and judicial—to provide checks and balances. From a philosophical, sociological, and legal perspective, this essay examines how the constitution is a primary instrument in regulating power distribution. It also discusses the debate about the extent to which limitations on power should be applied so as not to hinder the effectiveness of government. Ultimately, this essay asserts that a well-designed constitution limits power and ensures the rule of law, democracy, and justice for all people.
Constitutional Changes in the Perspective of Legal Philosophy Yunus, Nur Rohim
ADALAH Vol 7, No 2 (2023)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v7i2.46347

Abstract

This essay discusses constitutional change from the perspective of legal philosophy, focusing on philosophical, sociological, and legal aspects. Constitutional change is considered essential to maintain the relevance of a country's fundamental law. This essay reviews the debate between rigid and living constitutions, reflecting the tension between legal stability and flexibility. From the perspective of legal philosophy, constitutional change is analysed through the concepts of justice, utilitarianism, and social contract theory, which emphasise that change must create justice and reflect social consensus. Sociologically, this essay highlights factors such as demographic changes, developments in social values, and interest group pressures that drive constitutional change. From a legal perspective, this essay emphasises the importance of a legitimate amendment procedure to maintain legitimacy. Overall, this essay suggests that constitutional change should be carried out carefully to remain relevant to the dynamics of society without damaging the legal order.
Popular Sovereignty in the Framework of Constitutional Philosophy Yunus, Nur Rohim
ADALAH Vol 7, No 2 (2023)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v7i2.46364

Abstract

This essay discusses the concept of popular sovereignty as a primary principle in a democratic system and how it is applied in constitutional philosophy. Popular sovereignty asserts that the highest power lies in the hands of the people and is realised through constitutional mechanisms. However, there are often clashes between the people's will and state policies, especially in law enforcement. Therefore, a strong philosophical, sociological, and legal foundation is needed so that the constitution truly becomes an instrument for protecting people's rights. This essay also proposes several recommendations, such as strengthening public participation, ensuring government transparency, and guaranteeing judicial independence. In addition, political education and constitutional awareness of the community are key to maintaining a healthy democracy. By implementing these steps, popular sovereignty can be realised in a real way in a democratic and just government system.
CONSTITUTION AND DEMOCRACY: The Relationship between Law and Popular Sovereignty Yunus, Nur Rohim
ADALAH Vol 7, No 3 (2023)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v7i3.46346

Abstract

This essay discusses the close relationship between the constitution, democracy, and law in realising a sovereign state based on the rule of law. This essay highlights the role of the constitution as the primary foundation that regulates the division of power, individual rights, and governance mechanisms in a democratic system. In this context, popular sovereignty is a fundamental principle that requires the people to actively form and supervise legal policies. This essay explains that the law must reflect the people's will, guarantee justice, and ensure social welfare through a transparent and accountable process. In addition, enforcing the law based on the people's sovereignty requires a fair and participatory system, which allows every individual to participate in legal decision-making. This essay concludes by emphasising that a healthy relationship between the constitution, democracy, and law is the key to creating a just and sovereign state, where the law serves social justice for all people.
Constitution, Law, and Morals: A Philosophical Study Yunus, Nur Rohim
ADALAH Vol 7, No 3 (2023)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v7i3.46363

Abstract

The essay entitled Constitution, Law, and Morals: A Philosophical Study discusses the complex relationship between constitution, law, and morals in the theory and practice of the state. The constitution, as the highest law of a country, should ideally not only regulate legal norms formally, but should also reflect the moral values that develop in society. However, there are often clashes between applicable laws and public morality, which give rise to various legal and ethical dilemmas. Through a legal philosophy approach, this essay explores several main perspectives, such as deontology, utilitarianism, and social contract theory, in understanding how law and morals interact in the constitution. In addition, sociological studies of the thoughts of Emile Durkheim and Max Weber are also used to show how law reflects social solidarity and society's moral legitimacy. This essay highlights various cases where the law conflicts with public moral values, such as the debate over the legality of same-sex marriage, the death penalty, and freedom of expression. As a solution, a balance is needed between legality and moral legitimacy in the formation and implementation of law. With the principle of the rule of law based on morality, constitutional flexibility to social change, and legal education that integrates ethics, this essay emphasises that an ideal legal system must be oriented towards substantive justice and social welfare.
The Nature of Justice in Constitutional Philosophy Yunus, Nur Rohim
ADALAH Vol 7, No 4 (2023)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v7i4.46345

Abstract

This essay discusses the nature of justice in constitutional philosophy as an effort to achieve a balance between individual rights and collective interests. Justice is not a static concept, but continues to evolve along with social and political changes. This essay explains several strategic steps to uphold constitutional justice, including equitable legal reform, strengthening judicial institutions, increasing access to justice, and implementing a multidisciplinary approach in public policy. The state can create a more inclusive and bias-free legal system by understanding justice from a philosophical, sociological, and legal perspective. The active involvement of various stakeholders is key to realising real justice. Thus, this essay emphasises that justice must be realised in normative concepts and sustainable policy practices.

Page 32 of 43 | Total Record : 430

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