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Constitutionale

constitutionale
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Published by Universitas Lampung

ISSN : 27232492 EISSN : 27459322 DOI : https://doi.org/10.25041/constitutionale

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice Social Sciences

The Constitutionale Journal is a scientific journal which is the dissemination of constitution and the constitutional law universally. The Constitutional Journal publishes articles that consist of research or conceptual studies regarding the study of basic rights in state’s constitution, election law, (local) governmental law, juridical law, constitutional court, and legislation. This journal is a media intended for academics, practitioners and legal expertise in actualizing research, development and legal and constitutional analysis ideas. The Constitutional Journal is published by the Faculty of Law, Universitas Lampung for two issues a year.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 42 Documents

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Recognition of Traditional Villages as Local Government Administrators in Indonesia Based on the Principle of Autonomy Muhtadli Muhtadli
Constitutionale Vol. 1 No. 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

The state recognizes and respects units of regional government that are special or special in nature. This recognition and respect is valid until the customary law community and their traditional rights are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia as referred to in Article 18 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The state for village autonomy along with its traditional rights is an embodiment of the constitutional provisions in the form of regulating customary villages in the Indonesian government system as stipulated in Law Number 6 of 2014 concerning Villages. Efforts to strengthen the recognition of customary villages need to be realized in the legal politics of regulating customary villages that are just and constitutional so that customary villages can be realized in real terms. This study aims to analyze whether the legal politics of customary village recognition in regional governance is based on the principle of autonomy in Indonesia and its implementation. The method used is empirical normative legal research with a statutory approach and concepts and field studies. The results of the research and discussion show that the legal politics of customary village recognition in the implementation of regional government based on the principle of autonomy in Indonesia is a constitutional mandate and legislation that must be carried out by all parties consequently and fairly. Objectively, Article 18 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia and Law Number 6 of 2014 concerning Villages have fundamental policy directions to strengthen the existence of traditional villages and their traditional rights in a consistent and fair manner in the Indonesian government system.

The Legislative Power of the House of Representatives after the Amendment to the 1945 Constitution of the Republic of Indonesia Anis Musana
Constitutionale Vol. 1 No. 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

The legislative power after the amendment of the 1945 Constitution of the Republic of Indonesia (UUD 1945) resulted in a shift in legislative authority from the President to the House of Representatives (DPR). The legislative authority after the amendment of the 1945 Constitution predominantly rests with the DPR, however, the President and the Regional Representatives Council are also given the authority to form laws. The powers that be in the DPR do not necessarily make the DPR superior to the President and DPD in terms of legislation. It turns out that the strengthening of the legislative power that is in the DPR as a legislative body cannot prove that the resulting regulations are commensurate with the increased authority obtained after the amendments to the 1945 Constitution. In fact, regulations originating from the President and DPD as executive bodies appear to be more active than those that originate. from the DPR. This study aims to thoroughly analyze and map the legislative power of the DPR as well as the legislative power possessed by the President and DPD because after the amendment the three state institutions have legislative powers, if this happens it will have the potential to reduce the legislative power possessed by the DPR. The type of research used is a type of normative research with a Normative-Analytical approach that uses secondary data sources with primary, secondary, and tertiary legal materials.

Validity of the Implementing Regulations of Law Number 7 of 2004 concerning Water Resources Post-Constitutional Court Decision Number 85 / Puu-Xi / 2013 Muhammad Fauzul Adzim
Constitutionale Vol. 1 No. 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

The power of law of statutory norms under the law after the reference regulation can be canceled by the Constitutional Court. The validity of the legal strength of implementing regulations from Law Number 7 of 2004 concerning Water Resources can be determined through a higher legal norm above it because a higher norm will lead to a basic norm which becomes the source of the legal norms under it. Likewise with implementing regulations of a law, the validity of which is determined by the legal norms above it as a whole or per article because the legal norms above are sourced and lowered as sources. In accordance with the theory put forward by Adolf Merkel in the theory of legal ranking, which states that a legal norm has two faces, das Doppelte Rechtsanlitz. Adolf revealed that a norm is upward as a source and basis for legal norms underneath. Thus, the validity of the implementing regulations of Law Number 7 of 2004 concerning Water Resources will lose its validity when the source norms have been canceled by the Constitutional Court so that amendments to Law Number 12 of 2011 concerning the Formation of Laws and Regulations by the DPR and President.

Institutional Importance in the Indonesian Rigidity System Madon Yanuar
Constitutionale Vol. 1 No. 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

The formation of special institutions regulated by law has the same status as those regulated in constitution (constitutional importance). The purpose of this paper is to determine the urgency of the existence of a special state institution that has a constitutional importance in Indonesia's strictness system, in this case the state institutions are the National Human Rights Commission and the KPK. The writing method used is to use normative legal research. The results of the discussion illustrate that the emergence of a new state institution that is regulated by law, namely as a functional institution that handles a problem within their respective scope. The conclusion is that to overcome the complexity of problems that arise in society. The recommendation in this writing seeks to ensure that institutions which have the same degree as existing institutions are constituted to be included in the constitution in order to strengthen their position and authority.

Recruitment of First Level Court Judges in a State Administration Perspective in Indonesia Hendi Gusta Rianda
Constitutionale Vol. 1 No. 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

The ups and downs and political configurations that have occurred in Indonesia since the old order, the new order until the reformation have affected the judicial power system in Indonesia and thus have an impact on the recruitment of first-level court judges. This study aims to determine the recruitment of first-level court judges since the old order until the issuance of the Constitutional Court Decision Number 43/PUU-XIII/2015. This type of research is a normative juridical research by assessing the historical approach and the comparative approach. The results showed that after the Constitutional Court decision Number 43 / PUU XIII / 2015, the recruitment of first-level court judges by the Supreme Court in 2017 was still with the same recruitment pattern as before, namely state civil servants.

Consequences of the Formation of Government Regulation Number 60 of 2016 concerning Bnp Not Fulfilling the Rules of Establishing Prevailing Laws Aryanto Sofyan
Constitutionale Vol. 1 No. 1 (2020)
Publisher : Fakultas Hukum Universitas Lampung

The formation of laws and regulations must be based on the norms that underlie their formation. Government regulations are derivative rules for implementing laws. In the draft Government Regulation, the Ministry has the authority to propose a draft to the President. This study aims to determine whether Government Regulation no. 60 of 2016 concerning Types and Rates of Types of Non-Tax State Revenue (PNBP) has met the principles of forming good laws and regulations and knows the legal consequences that occur if these regulations do not meet the rules for forming good laws and regulations. This type of research is normative juridical legal research. Normatively doing research by assessing the sources of law related to the issues raised. The results of the study show that Government Regulation Number 60 of 2016 concerning Types and Rates of Non-Tax State Revenue (PNBP) does not meet the rules of forming good laws and regulations.

The Retroactive Principle in Law No. 26 of 2000 concerning the court of human rights Ricky Tongam Marpahala Siahaan; Candra Perbawati; Ahmad Saleh
Constitutionale Vol. 1 No. 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Protection of human rights is a responsibility that must be carried out by the state, in this case the state must also resolve cases of human rights violations that have occurred. There are many cases of human rights violations that occurred in the past but cannot be resolved because there are no legal rules that govern at that time. The presence of Law Number 26 of 2000 concerning the court of human rightss is certainly a way for the government to resolve the problem of gross human rights violations in the past. The principle of retroactivity was included in Law Number 26 of 2000 concerning the court of human rightss so that gross violations of human rights that occurred in the past could be resolved. The retroactive principle in Law Number 26 of 2000 concerning the court of human rightss is considered to violate existing regulations in Indonesia, especially it is considered contrary to the 1945 Constitution. -Law Number 26 of 2000 concerning the court of human rightss. This research uses normative research methods. The data used are secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that the application of the retroactive principle in Law Number 26 of 2000 concerning the court of human rightss does not contain elements that are absolutely contradictory to the Law. 1945 foundation.

The Urgency Of The Formation Of Village Regulations Concerning Customary Institutions In Creating Legal Protection For The Adat Community Of Ngadisari Village Sukapura Sub-District Probolinggo District Indah Dwi Qurbani; Muhammad Lukman Hakim; Tunggul Anshari S.N
Constitutionale Vol. 1 No. 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

The existence of customary institutions in the village is important because it has a duty to assist the Village Government and as partners in empowering, preserving and developing customs. The Village Customary Institution can occupy its rank with official recognition from the Government through a Village Regulation. Ngadisari Village was chosen as the object of this research because it has its own uniqueness, this village has indigenous people who are still strong in maintaining the traditions of their ancestors' heritage. Meanwhile, Ngadisari village also has a customary institution that carries out customary functions and is part of the original village structure that grows and develops on the initiative of the village community. The research method used is a type of empirical research and using sociological approach. The order of village regulations regarding customary institutions in order to make Adat Institutions as an alternative to dispute resolution, maintain local culture and play a role in village development. In addition, this formalization effort is also needed to maintain the existence of customary villages, provide legal protection and help cooperation between traditional village institutions of Ngadisari and other village customary institutions. This is in accordance with the duties of the customary institutions in Permendagri Number 18 of 2018 concerning Village Community Institutions and Village Traditional Institutions.

Implication Of Provisions Article 58 Paragraph (2) Law Number 15 Of 2019 Concerning Amendments To Law Number 12 Of 2011 Concerning The Formation Of Laws And Regulations On The Mechanism Of Harmonizing, Unifying And Consolidating The Conception Of Draft Regional Regulations Muhammad Ali Badary
Constitutionale Vol. 1 No. 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Article 58 paragraph (2) of Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning the Formation of Legislative Regulations changes the position of the central government in the process of harmonizing, unifying and consolidating the conception of draft regional regulations. The formulation of norms and laying of norms of Article 58 paragraph (2) of Law Number 15 of 2019 has resulted in normative legal consequences on the authority of regional apparatuses which have been coordinating harmonization, unification and consolidation of the conception of draft regional regulations proposed by regional heads and also resulting in the position of the central government to participate in harmonizing the draft regional regulations initiated by the Regional People's Representative Council. This study aims to identify the normative problems posed by Article 58 paragraph (2) of Law Number 15 of 2019, especially with regard to the mechanism of harmonization, unification and consolidation of the conception of draft regional regulations. This type of research is a type of normative research and the approach used in this study is a statute approach, a conceptual approach, and an analytical approach. The results of this study indicate that Article 58 paragraph (2) of Law Number 15 of 2019 raises normative problems in at least two things, namely the institutional relationship between vertical agencies in the regions and local governments which both have the authority to harmonize, unify and consolidate the conception of draft regional regulations. The types of draft regional regulations are harmonized by the ministry or agency that administers government affairs in the field of Formulation of Legislation. This problem arises because the formulation of norms and the placement of the norms of Article 58 paragraph (2) of Law Number 15 of 2019 are inaccurate so that there needs to be a revision of the formulation or laying of norms regulating the authority of ministries or institutions that carry out government affairs in the field of Regulatory Formation. Legislation in the harmonization, unification and strengthening of the conception of draft regional regulations.

The Urgency of Amendment to Law Number 32 of 2002 concerning Broadcasting as the Legal Umbrella for OTT Services Neysa Tania; Rio Kurniawan
Constitutionale Vol. 1 No. 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

Digitalization is a global phenomenon that has an impact on changing social conditions. The Broadcasting Bill itself is canceled to be a priority in the 2020 Priority National Legislation Program even though there is a lot of material contained in the law itself needs to be updated immediately according to the times. Therefore, the function of conducting this research is to seek answers in terms of legal certainty regarding the development of legal relations with technological developments in the era of digitalization and constitutional interpretation in the digitalization era that supports sustainable economic development and is in accordance with the Indonesian national identity. This study uses a quantitative juridical analysis method, which is in the form of in-depth research on legal materials and data as usual as normative law. Furthermore, the results of the analysis will be linked to the problems in this study to produce an objective assessment to answer the problems in the research. The results of the research show that the OTT services cannot be in the scope of Law Number 32 of 2002 concerning Broadcasting, therefore the Constitutional Court must play a strategic role in carrying out rapid and precise reforms so that statutory norms can be consistent with the development of society, especially due to developments. Digital technology. The most ideal and relevant constitutional interpretation of the Judicial Review case against this law would be: Consensualism, Prudential and Futuristic with an emphasis on legal certainty for Over the Top (OTT) services and on socio-economic impacts significant impact on the general welfare. It is necessary to revise the Broadcasting Law with the intention of maintaining national integration to establish a national broadcasting system that guarantees the creation of a just, equitable, and balanced national information order in order to realize social justice for all Indonesian people.

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Zulkarnain Ridlwan

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constitutionale@fh.unila.ac.id

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B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia

Location
Kota bandar lampung,

Lampung

INDONESIA

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Zulkarnain Ridlwan

Contact Email constitutionale@fh.unila.ac.id

Phone +6281369592059

Journal Mail Official constitutionale@fh.unila.ac.id

Editorial Address B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia

Location Kota bandar lampung, Lampung INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Zulkarnain Ridlwan

Contact Email
constitutionale@fh.unila.ac.id

Phone
+6281369592059

Journal Mail Official
constitutionale@fh.unila.ac.id

Editorial Address
B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia

Location
Kota bandar lampung,

Lampung

INDONESIA