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Lentera Hukum
Scopus
ISSN 2355-4673 · Faculty of Law, University of Jember · 129 articles in the index
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Journal Article
Navigating Human Rights in Indonesia and Beyond
In Indonesia, promoting human rights is a long battle run. Human rights were just formally recognised when Suharto's authoritarian regime ended in 1998, but these rights have experienced a rise and fall throughout the Reformasi. Indonesia successfully amended the 1945 Constitution by incorporating…
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Journal Article
Forensic Approach to Optimise Children’s Right to Opinion in Indonesian Courts
Various attempts to accommodate a child's opinion in courts have proven successful, and this participation has been increasingly regarded as integral to children's rights. However, the issue remains problematic, particularly in the Global South countries like Indonesia. This paper examines the…
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Journal Article
The Tension Between Combating Terrorism and Protecting the Right to a Fair Trial in Indonesia
A consistent criticism of the Indonesian criminal justice system indicates its dysfunctional judicial system plagued by systemic corruption and government interference. Given the high profiles of terrorism offences and their strict punishment, it is essential to maintain consistency in sentencing…
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Journal Article
Political Participation of Minors in India: A Critical Perspective from the Prism of the UNCRC
The participation of children in a political demonstration has proven to be an enduring issue in India owing to the public agitations against the Citizenship Amendment Act and the farm laws, with the latter being withdrawn recently. Under the hegemonic liberal paradigm, the underlying risk is that…
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Journal Article
No Choice but Welcoming Refugees: The Non-Refoulement Principle as Customary International Law in Indonesia
The non-refoulement principle requires each country to consider refugees and asylum seekers in their country of origin if they are subject to persecution and threaten their lives. As a geographically strategic country, Indonesia has been a significant crossroad for international refugees and asylum…
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Journal Article
Pseudo-judicial Review for the Dispute over the Result of the Regional Head Election in Indonesia
In Indonesia, the Constitutional Court has the power to decide the dispute over the result of the national election, including that of the regional head election. In practice, the Constitutional Court exercises power with the so-called pseudo-judicial review for the result of the regional election…
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Journal Article
Can the Job Creation Law Solve the Lack of Public Participation in Indonesia's Spatial Planning?
It has been long recognized that public participation plays a vital role in dealing with spatial planning laws. However, mechanisms for the inclusion of public participation have been criticized worldwide for lacking the hallmarks of actual participation, as this trend has also occurred in…
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Journal Article
Political Question Doctrine and Judicial Attitude to Political Controversies in Nigeria: Implications for Constitutionalism
The political question doctrine has become one of the jurisprudential issues in a constitutional democracy, as the courts may not want to exercise judicial review to determine the constitutionality of the action of the other organs of government or a statute before it. As a legal instrument…
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Journal Article
The Limits of Indonesia’s Legal Framework for Electromobility: Regulatory and Sustainable Issues
The rise in global temperature indicates the impact of climate change, encouraging more countries to adapt and seek practical solutions. Several countries, including Indonesia, have begun to regulate electric vehicles because of the commitment to reduce carbon dioxide emissions. It simultaneously…
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Journal Article
Populist Constitutionalism in Brazil and Peru: Historical and Contextual Issues
Given populism's common practice in South America, the region provides a crucial case to identify populism as a prevalent strategy by different ideologies. The link between populism and constitutionalism is paramount because populist governments typically use constituent power and constitutional…
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Journal Article
Power Sharing and Zoning Formula for Managing Nigeria's Diversity: A Case of the Fourth Republic
Nigeria is composed of plural and multi-complex societies with multiple ethnic groups of up to 500 cultural diversities. This country surmounts the obstacles of managing diversity through an informal setting popularly identified as a zoning formula and power sharing among the federating units. The…
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Journal Article
ASEAN Integration in the Context of Disaster Management
The COVID-19 pandemic, a globally unprecedented disease outbreak, has alarmed all governments to reconsider the importance of disaster management policies at the domestic level. At the same time, handling transboundary disasters was another challenge faced by regional organizations such as the…
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Journal Article
Constitutionalism and Human Rights: A Critical Analysis of the Rights of Transgender People in India
The movement for decriminalizing homosexual relations and the human rights of the LGBT community has gained momentum in the last decade. In India, various NGOs and LGBT society have fought a long battle demanding the decriminalization of homosexuality and declaring sexual orientation as part of the…
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Journal Article
Peacebuilding as a New Form of Colonialism: A Case Study of Liberia and Sierra Leone
Around two decades ago, legal anthropologist Merry posed the question, "what can we learn about law and globalization today from revisiting the law and colonization literature?" She emphasized how colonial arrangements transformed and affected the fundamental character of contemporary and…
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Journal Article
Elimination of Child Labor in Vietnam's New Generation of Free Trade Agreements
As of March 2021, Vietnam negotiated and signed the new generation of Free Trade Agreements (FTAs), consisting of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the European-Vietnam Free Trade Agreement (EVFTA), and the Vietnam-Eurasian Economic Union Free Trade…
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Journal Article
Environmental Protection in the Argentinian Supreme Court Case Law
According to Article 41 of the Argentinian Constitution, all inhabitants have a right to environmental protection. Citizens have a right to a healthy and balanced environment, suitable for human development and productive activities to satisfy present needs without compromising those of future…
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Journal Article
A Comparative Analysis of the Impeachment Procedures in Nigeria and Indonesia: A Need for a Paradigm Change
Although impeachment as the outcome of constitutionalism is significant in good governance, narrow political affiliations, institutional corruption, and the absence of democratic tenets among politicians hamper its proper application in Nigeria and Indonesia. The impeachment in both countries…
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Journal Article
Changing Dynamics of Constitutionalism: South Asia's Tryst with Constitution
The prevailing view of the constitutional framework in South Asia is seen as secondary and subsidiary to developed constitutional systems worldwide. Meanwhile, South Asian countries have merely re-produced the constitutional framework of developed nations. The emergence and development of South…
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Journal Article
Recognition of Forest Carbon Rights in Indonesia: A Constitutional Approach
As a forest-rich nation, Indonesia has actively participated in carbon market governance like the REDD+ program. With the rapid expansion of REDD+ to address the effects of climate change, questions surrounding carbon rights have surfaced. This study aims to analyze the regulatory development of…
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Journal Article
Revisiting India’s Amended Citizenship Act 2019 in Light of Constitutional Ethos
The Citizenship Amendment Act 2019 and the National Register of Citizens in India are perceived as reflective of a religious classification in grant and continuance of Indian citizenship. The study aimed to discuss the future effects of the amended Citizenship Act 2019 and suggest alternatives to…