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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
Constitutionale
Published by Universitas Lampung
ISSN : 27232492     EISSN : 27459322     DOI : https://doi.org/10.25041/constitutionale
Core Subject : Social,
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 6 Documents
Search results for , issue "Vol. 3 No. 1 (2022)" : 6 Documents clear
RESTRICTIONS TO FREEDOM OF ASSOCIATION, ASSEMBLY, AND SPREADING OPINION POST CHANGES TO COMMUNITY ORGANIZATIONAL LAW Sirajul Munir; lailul ilham
Constitutionale Vol. 3 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i1.2507

Abstract

Protection of Freedom of association, assembly, and expression as recognition of human rights. Through the Community Organization Law, the state regulates the balance in protecting rights without neglecting social responsibility. This balance is regulated as an effort to safeguard the country's sovereignty. This paper uses the following approaches: a) conceptual approach, to look at concepts of law and democracy that are relevant to the research problem; b) statute approach, a juridical normative analytic research approach, the research based on critical thinking by referring to legal sources of the Community Organization Law. This research concludes that Pancasila seeks to build harmony and balance between individual and national interests (society). Therefore, the freedom that exists in Indonesia is not an absolute right. This means that these freedoms are subject to many restrictions established in law. Principlescontrary to Pancasila and the 1945 Constitution of the Republic of Indonesia have triggered the government to expand the prohibition against mass organizations. These principles aim to change the ideological basis of Pancasila and choose to make changes in the mechanism for revoking the status of a legal entity using the principle of contrarius actus to be more effective and efficient in taking action.
BUREAUCRACY AND GOVERNMENT Yuliana Keke Febrianti; Zahra Malinda Putri; Adhyatma Wikrama Maheswara
Constitutionale Vol. 3 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i1.2534

Abstract

The purpose of this paper is that the author tries to explain the concept of bureaucracy and government. In addition, the author also describes the differences between bureaucracy and government in terms of definition, theory, and task. This paper also aims to discuss the position of the bureaucracy in the trias politica system where there is a classification of power, namely the executive, legislative and judiciary. Then, this paper will lead to the administration and implementation of public services. The conclusion from this paper is that government and bureaucracy are two different things and bureaucracy can become its own entity outside of the executive, legislative and judiciary and those in charge of providing public services are the bureaucrats, not the government, although actually bureaucrats and government have different roles in responsibility to deliver public service.
THE URGENCY OF INDEPENDENT SUPERVISORY AUTHORITY TOWARDS INDONESIA’S PERSONAL DATA PROTECTION Yulia Neta; Agsel Awanisa; Melisa Melisa
Constitutionale Vol. 3 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i1.2535

Abstract

In the Working Committee Meeting of the Draft Law on Personal Data Protection, there was a proposal to establish an Independent Supervisory Authority in the protection of personal data. With the existence of an independent supervisory authority, it is hoped that it will create impartial and optimal independence in its supervision and enforcement. The purpose of this study is to analyze the urgency of the Independent Supervisory Authority in the protection of personal data and the ideal concept of the Independent Supervisory Authority in the protection of personal data in Indonesia based on comparisons in other countries. This study uses a normative legal research method using a statutory approach, a conceptual approach, and a comparative approach. The results of this study indicate that the existence of an Independent Supervisory Authority in Indonesia in enforcing the protection of personal data is very important given the considerations of independence, adequacy, checks and balances, and socialization. Regarding the concept of establishing an Independent Supervisory Authority, there are two choices that can be made in Indonesia, namely by establishing it specifically as a separate institution, such as Hong Kong and South Korea, or embedding and adding to the authority of existing institutions such as in Singapore and the United States. With consideration of efficiency and effectiveness, in Indonesia this can be done by attaching an Independent Supervisory Authority with other related institutions such as the Information Commission with the obligation to change the existing institutional structure as an adjustment.
REGULATION OF THE USE OF FOREIGN WORKERS IN INDONESIA AFTER THE JOB CREATION ACT: PROBLEMS AND SOLUTIONS Ayu Putri Rainah Petung Banjaransari
Constitutionale Vol. 3 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i1.2558

Abstract

Problems in the labor law sector in Indonesia cannot be separated from the increasing number of foreign workers which are feared to take the place and role of domestic workers. This problem almost always exists every year because foreign investment enters Indonesia while bringing in foreign workers as expert workers or genuine workers from the investors' countries of origin. The entry of foreign workers is a trigger for disputes between foreign workers and domestic workers. As it is known that the Indonesian population is very large, which can be seen from the annual data of the national statistical center, while the high population is not matched by a large number of jobs, resulting in unemployment and regional economic inequality. Based on this background, the problem of foreign workers is related to the renewal of the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation (herein after referred to as the Job Creation Law) and its implementing regulations. This paper uses a normative legal research method using legal sources from secondary legal materials. This legal research uses a legal and conceptual approach with a focus on regulations and concepts or theories or principles related to the research topic. This paper presents problems in the new regulation on foreign workers after the enactment of the Job Creation Law. In addition, this paper presents its solution efforts to overcome these problems in Indonesia. This paper uses a normative legal research method using legal sources from secondary legal materials. This legal research uses a legal and conceptual approach with a focus on regulations and concepts or theories or principles related to the research topic. This paper presents problems in the new regulation on foreign workers after the enactment of the Job Creation Law. In addition, this paper presents its solution efforts to overcome these problems in Indonesia. This paper uses a normative legal research method using legal sources from secondary legal materials. This legal research uses a legal and conceptual approach with a focus on regulations and concepts or theories or principles related to the research topic. This paper presents problems in the new regulation on foreign workers after the enactment of the Job Creation Law. In addition, this paper presents its solution efforts to overcome these problems in Indonesia.
THE NEED FOR HARMONIZING VALUE ADDED TAX LEGISLATION IN GULF COOPERATION COUNCIL: Harmonizing Value Added Tax Legislation Tif Said Suhail Al Mazroui; Maathir Mohammed Saud Al Alawi; Mohammed Muneerali Thottoli; Duaa Suleiman Amur Al Hoqani; Noor Talal Hamed Al Shukaili
Constitutionale Vol. 3 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i1.2570

Abstract

The elimination of discriminatory value added tax (VAT) laws on commodities are required for the proper functioning of the Gulf Cooperation Council (GCC) single market. The proper functioning of a single market entails the elimination of discriminatory internal VAT regulations of imported goods or services. Hence, the purpose of this study is to empirically examine the need for harmonizing VAT legislation among GCC countries. The data of this study was collected through a variety of sources, including the ministry's website, VAT law for each country, published articles, and other online data sources/websites with regards to VAT. The data were statistically evaluated using Microsoft Excel. The dependent variable in this study is Harmonization. The factors affecting Value Added Tax Legislation are also called independent variables. Through this search, they harmonize VAT legislation in the GCC countries to maximize the effectiveness of tax laws. That helps to know the challenges faced by GCC companies due to discriminatory VAT regulations and double taxation.  There is a need to harmonize VAT legislation in the GCC countries to maximize the effectiveness of tax laws. This study adds value by assessing the present state and the need for harmonizing VAT legislation in the GCC countries. The timely approach of the study will help policymakers, regulators, and practitioners to understand the importance of harmonizing VAT legislation in the GCC.
URGENCY PUBLIC DATA PROTECTION BASED ON DATA LEAKAGE CASES AT THE INDONESIAN CHILD PROTECTION COMMISION Raineven Sailano Violand Charnade
Constitutionale Vol. 3 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i1.2571

Abstract

Privacy is the essential thing regulated in Human Rights. As a country that recognizes human rights, Indonesia is a state that adheres to the principles of human rights and also recognizes that privacy is a human right that the state must protect. However, no law addresses the issue of public data protection in Indonesia comprehensively. On Monday, October 18, 2021, data leaks on the identity of the complainant and underage victim, case summary, and mediation results were found. It has at least two significant impacts, firstly it can impact the inhibition of KPAI's performance due to public trust, and secondly, it will have a worse impact on victims and whistleblowers, both physically and mentally, because this can trigger predatory movement. The research method used is normative legal research based on secondary data library research which is descriptive, evaluative, and prescriptive. Several approaches are used, namely the legal approach, conceptual, to answer the first question, the point of contact between individual and state interest, and a comparative approach to answer the second problem regarding the dynamics of personal data protection arrangements in the problem of data leakage experienced by KPAI. Therefore, Indonesia needs to immediately legitimate the Draft Law on Public Data Protection (RUU PDP) so that the urgency of the legalization of public data protection can be immediately resolved.

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