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Constitutionale
ISSN 2723-2492 · Faculty of Law Universitas Lampung · 72 articles in the index
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Journal Article
The Effect of the Nusantara Capital City Authority on East Kalimantan’s Regional Autonomy: A Constitutional Analysis
Law Number 3 of 2022 on the Nusantara Capital City has sparked constitutional debate, particularly regarding its effects on regional autonomy in East Kalimantan. The debate centers on the extensive authority granted to the Nusantara Capital City Authority, which functions outside the conventional…
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Journal Article
Between Legal Certainty and Democratic Legitimacy: The Normative Void of the Constitutional Court Decision No. 135/PUU-XXII/2024 in Indonesia’s Constitutional System
General elections are the primary mechanism for realizing popular sovereignty under the 1945 Constitution of the Republic of Indonesia. Constitutional Court Decision No. 135/PUU-XXII/2024 marks a major shift in electoral design by separating national and regional elections, departing from the…
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Journal Article
Dynamics of Authority Distribution: Exploring Efforts to Re-Centralization Central Government Authority
This article examines recentralization and its impact on power relations between the central and regional governments in Indonesia. The study employs a doctrinal legal research method using conceptual and statutory approaches with qualitative descriptive analysis. The findings show that…
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Journal Article
The Reinstatement of Repealed Norms: A Paradox in Post–Constitutional Court Legislative Practice
The Constitutional Court is authorized to review statutes against the 1945 Constitution of the Republic of Indonesia,, and its decisions are final and binding. However, the absence of an explicit prohibition against reenacting annulled norms in Law Number 12 of 2011 in conjunction with Law Number…
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Journal Article
The Politics Of Agrarian Conflict And Community Struggles For Land Access Rights: The Role Of Contemporary Education
The agrarian conflict in Moro-Moro Register 45, Mesuji Regency, Lampung, has significantly impacted the local community, particularly in restricting children's access to education. The enforcement of Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction and Law No. 30 of 2014…
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Journal Article
Digital Transformation of Public Participation in Indonesia's Constitutional System: The Effectiveness of the Indonesian House of Representatives' Aspiration Channel as an Instrument of Participatory Democracy
Public participation in Indonesia has increasingly shifted toward digital models following the COVID-19 pandemic, yet substantive engagement remains limited despite 221.56 million internet users and persistent urban–rural digital disparities. Using a socio-legal approach, this study examines the…
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Journal Article
Presidential Term Limit as an Implicit Unamendable Provision In Indonesia's Hyper-Presidentialism
This article analyzes the paradox between Indonesia’s presidential term limits and the persistence of hyper-presidentialism through a normative juridical approach structured in three stages. First, it interprets Article 7 and Article 37(5) of the 1945 Constitution using grammatical, historical, and…
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Journal Article
Formulation and Implications of the Job Creation Law on Legal Protection in Indonesia's Forestry Sector
The forestry sector is significantly impacted by the Job Creation Law, which alters the legal framework governing the sector. This paper explores the formulation of forestry policies under the Job Creation Law and examines its implications for forest protection in Indonesia. A normative juridical…
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Journal Article
The Theory of Justice and Ultra petita Decisions: A Critical Analysis of Judicial Review in the Constitutional Court
Under Law Number 24 of 2003, the Constitutional Court of Indonesia issues three types of decisions: inadmissibility, acceptance, and rejection. Over time, the Court introduced additional categories, including conditional constitutional and conditional unconstitutional decisions. As legal disputes…
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Journal Article
Accountability of Regional Heads to Regional People’s Representative Council Following the Amendment of the 1945 Constitution
Amendments to the 1945 Constitution have reinforced the presidential system at the regional level through the direct election of regional heads and a dismissal mechanism analogous to that of the president. However, key elements of presidentialism in regional governance are obscured by the…
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Journal Article
The Nexus Between Environmental, Climate Change, and Social Impact Assessments in Upholding Environmental Rights in South Africa
Section 24 of the Constitution of the Republic of South Africa, 108 of 1996, guarantees environmental rights and promotes sustainable development, yet these rights are not absolute and environmental harm and related human rights violations persist. This article examines the role and…
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Journal Article
Who Pays, Who Rules? A Comparative Constitutional Inquiry into Party Finance Regulation in Indonesia, the Philippines, and Thailand.
This study examines the regulatory deficiencies in Indonesia’s political finance system, particularly the absence of laws governing party income sources. Although existing rules address campaign spending and financial reporting, they lack limits on donations and fail to restrict high-risk…
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Journal Article
Legal Protection Of Well-Known Trademarks Under Indonesian Law
This research evaluates the legal protection of famous trademarks under Indonesian law, examining the extent to which existing regulations safeguard trademarks with strong public recognition. As valuable corporate assets, famous trademarks require effective legal protection to prevent misuse and…
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Journal Article
Electoral Reforms for Inclusive Representation: Accessing The Legal Rights of Minority in Nigerian Politics
Nigeria as a multi ethnic society is repeatedly plagued with the cries for more inclusive representation and participation from minority groups. An attempt in creating a more balanced perception of inclusiveness has produced the federal character principle which is to be applied in political…
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Journal Article
Existence of Authority Nusantara Capital City in Perspective of Local Government Law
Establishing the Nusantara Capital City Authority (IKN) through Law No. 3 of 2022 is incompatible with the 1945 Constitution, which only recognizes provinces, regencies, and cities as forms of regional government. The presence of the IKN Authority without the DPRD also raises concerns regarding the…
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Journal Article
Towards A Juristocratic State: A Critical Analysis Of The Constitutional Court Decision No 90/Puu-Xxi/2023 Concerning The Age Limits Of Vice Presidential Candidates
The Constitutional Court Decision Number 90/PUU-XXI/2023 Concerning the Age Limit for Vice Presidential Candidates in the 2024 Presidential Election has caused much controversy, both politically and legally. This decision has profound implications for Indonesia’ political configuration, as it…
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Journal Article
Discourse on the Application of Dwangsom on Execution Court Decisions: A Comparison with Netherlands and France
The classic problem in resolving State Administration disputes boils down to the process of implementing decisions by the parties, which in practice still does not fully meet the expectations of justice seekers. If the decision is not implemented, the State Administrative Court (PTUN) imposes…
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Journal Article
Fake Diplomas, Real Consequences: Legal and Ethical Challenges in the Legal Profession
Integrity and trust are fundamental in the legal profession, yet diploma forgery threatens these values, leading to ethical violations and diminished public trust. This study examines the legal implications of diploma forgery in Case No. 20/Pid.B/2024/PN Tmg, where an individual used a fraudulent…
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Journal Article
The Oversight Role Of Legislative Institutions In Emergency Situations (Comparison Of Indonesia With The United States)
An emergency situation disrupts the normal functioning of a country, rendering standard laws and procedures ineffective. In such cases, extraordinary measures are required, and the President, as the executive authority, is granted significant powers to address the emergency. The House of…
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Journal Article
Ethical Criticism of Constitutional Court Decision Number.90/PUU-XXI/2023 Concerning Minimum Age Limits for Presidential and Vice Presidential Candidates
This research article provides a critical analysis of Constitutional Court Decision No. 90/PUU-XXI/2023, focusing on the serious ethical violations committed by judges during the decision-making process. The study is significant due to the impact these violations have had on the legal field…