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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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Original Intents: Individual Requirements for Candidates of Regional Representative Council Ganiviantara Pratama
Constitutionale Vol. 1 No. 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

The main problem of this research is that there is no firmness regarding the diction of individual words in the Constitution which is useful as a condition for nominating Regional Representative Council or Dewan Perwakilan Daerah (DPD) membership. This indecisiveness has led to the composition of DPD membership being dominated by members of political parties. This journal aims to explore the meaning of the diction of words contained in the 1945 NRI Constitution, namely "Individual" which is clearly written in Article 22E paragraph (4) of the 1945 Constitution of the Republic of Indonesia after the Constitutional Court Decision No30/PUU-XVI/2018. The meaning of the term “individual” in this article will determine the conditions for nominating members of the DPD so that they are more in line with the objectives of establishing the institution. This journal uses a statutory approach and a historical approach. The results of this discussion show that the original intense definition concluded by the author regarding the word "individual" in the 1945 Constitution of the Republic of Indonesia after the Constitutional Court Decision has the following meaning: an individual who does not have a political party background or political party management and really understands his / her region.

Executions of Fiduciaryry Guarantee Post Constitutional Court Decision No. Nomor: 18/Puu-Xvii/2019 Nowinri Hilgutshiany Marini Pratiwi Pitanuki
Constitutionale Vol. 1 No. 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung

The background that underlies the conduct of this legal research is the existence of a conflict of norms, namely in the Fiduciary Guarantee Act, direct execution can be carried out if the debtor has committed an injury (also called default), but in the Constitutional Court ruling Number: 18 / PUU-XVII / 2019 This is done immediately after the debtor is injured but requires a statement of voluntary interest from the debtor or through a judicial decision. The problem in this research is related to the essence of the execution of fiduciary guarantees, the development of the fiduciary guarantee execution arrangements before and after the Constitutional Court decision Number: 18 / PUU-XVII / 2019 the implications of the Constitutional Court decision Number: 18 / PUU-XVII / 2019 on the principles of simple, fast, and low cost. The type of research used in this research is juridical normative, using a statutory approach and a case approach, as well as primary and secondary legal materials which are analyzed by grammatical and systematic interpretation. The results of this study indicate that the essence of the execution of fiduciary guarantees is to sell fiduciary collateral as repayment of debtor's unfulfilled obligations. The creditor has the right to collect the debtor's achievements including to collect all instalments and other fees that have not been paid by the debtor, and has the right to execute the object that is used as collateral without having to return the excess price from the sale of the object. The execution of the fiduciary guarantee prior to the enactment of the Constitutional Court Decision Number 18 / PUU-XVII / 2019 is based on the Fiduciary Guarantee Certificate which contains the words "FOR JUSTICE BASED ON ONE ALMIGHTY GOD". These words indicate that the fiduciary guarantee certificate has executorial power, that is, it has the same power as a court decision which has permanent legal force. The legal implication of the enactment of the Constitutional Court Decision Number 18 / PUU-XVII / 2019 is that a trial must first be held regarding the execution of fiduciary guarantees as a condition for the execution of fiduciary.

The Omnibus Law in the Perspective of Responsive Law and its Impact on Indonesia's Economy Renaldy Eka Putra
Constitutionale Vol. 2 No. 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

The government passed the Job Creation Law using the Omnibus Law concept, to be used to build the Indonesian economy to attract investors to invest in Indonesia. The Job Creation Law has several clusters in it, one of which regulates employment. Therefore this paper aims to analyze in-depth the ratification of the Omnibus Law policy using a responsive legal approach (Based on Law No.12 of 2011 concerning the Formation of Laws and Regulations) and looking empirically at the obstacles in creating employment in Indonesia, the correlation between the Job Creation Law and the principle of justice in the era of the Covid-19 pandemic. The method used in this paper is normative-juridical with a statute approach and a conceptual approach, then content analysis, which describes and analyzes the scope of legal theory. This paper's type of data is secondary data obtained from literature, books, journals and articles, official reports of National Media related to Omnibus Law in Indonesia.

Legal Problems on Regional Head Election during COVID-19 Pandemic in Indonesia Nila Nargis; M. Iwan Satriawan
Constitutionale Vol. 2 No. 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

The problem of the Covid-19 disease outbreak in Indonesia is of particular concern. This epidemic caused political and economic shocks to the state administration system. The problems that exist are related to the implementation of the Regional Head Election during the pandemic. This paper aims to find out the legal issues of regional head elections during a pandemic. The method used is the normative juridical method. The results of this paper show that the legal problem lies in the aspect of regulatory implementation. The government must continue to work hand in hand with handling the covid-19 outbreak and still prioritize the health of Indonesian citizens. Of course, the implementation of Regional Head Election does not violate the law based on Regulation in Lieu of Law No.2 of 2020 concerning the third amendment to Law No.1 of 2015 concerning Regional Head Election.

Comparasion Of Insult Regulation Towards President/Vice President In The Decree of The Constitutional Court Robinsius Asido Putra Nainggolan
Constitutionale Vol. 2 No. 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

The reform of criminal law in Indonesia, which has become one of the discourses, is the Article regarding insults to the President and Vice President in the 2019 RUUKUHP. The government re-included several articles of insulting the president in the Draft Criminal Code formulation, which the Constitutional Court deleted through Decision Number: 013.022/PUU IV/2006. So the problem in this research is how the policy formulation of offense against the President and Vice President is following the formulation of the RUUKUHP and how the comparison of articles on insulting the President and Vice President in the formulation of the Draft Criminal Code with the Constitutional Court Judge Decision No: 013.022/PUU IV/2006. The research method used is juridical normative based on secondary data through library research data collection and data analysis. The discussion results show that the policy for the formulation of offense against the President/Vice President following the formulation of the RUUKUHP is an effort to provide legal protection to the President/Vice President as a symbol in state life. Comparing articles regarding insults to the President and Vice President in the formulation of the RUUKUHP with the Constitutional Court Decision No: 013.022/PUUIV/2006 have both similarities and differences.

The Romanian Superior Council of Magistracy’s Role in the Protection of The Law Enforcement Dragoș Călin
Constitutionale Vol. 2 No. 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

The Romanian Superior Council of Magistracy (RSCM) has failed to provide stability as an active form of involvement to defend the judicial officers against acts that injures their independenc, impartiality, and professional reputation. The disrespect towards the juidical officers through the media have not motivated the RSM to take any actions. This is not aligned with their responsibility to clarify any miss-leading information. The RSCM has yet to overcome the flawed integrity of the judiciary system.

Implementation of Children Rights Fulfilment In Bandar Lampung Special Development Institution For Childrens Melista Aulia Nurdina
Constitutionale Vol. 2 No. 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Protection of children faced in conflict with the law and undergoing a criminal period in the Special Development Institution for Children, their rights and needs must always be fulfilled. These children's rights consist of the right to education, skills guidance, health care, and others. This study aims to identify and analyze the fulfillment of children's rights that must be fulfilled in the Special Development Institution for Children. The problem in this research is children's rights that must be fulfilled in the Special Development Institution for Children. The method of implementing the fulfillment of children’s rights in the Special Development Institute for Children, factors that hinder the implementation of the fulfillment of rights in the Special Development Institution for Children. The approach to the problem used in this research is normative and empirical juridical. The data analysis in this study was conducted qualitatively. This study found that the rights of children in the Class II of Bandar Lampung Special Development Institution have been carried out well. The assisted children get formal and non-formal education; the assisted children receive self-development guidance such as hair shaving, electric welding, planting, and mind preservation. The assisted children are also free to play music, exercise, and perform worship according to their respective beliefs. Implementing the fulfillment of children's rights uses an individual approach, and its implementation uses an assessment. Officers have programs to fulfill children’s rights, such as service, guidance, implementation, and supervision. The author suggests that Class II of Bandar Lampung Special Development Institute’s officers can fulfill children's rights ranging from formal education, non-formal education, skills, self-development, religion, maximizing the individual approach method to assisted children so that they can know more about the backgrounds, needs, emotions and interests of these children, as well as improve the quality of existing advice and infrastructure.

Indonesian National Army Involvement in Handling Terrorism Action from Legal Perspective Wilma Silalahi
Constitutionale Vol. 2 No. 1 (2021)
Publisher : Fakultas Hukum Universitas Lampung

The crime of terrorism is an extraordinary crime against humanity, including a “serious crime” whose number of actions has increased. It requires handling with exceptional measures and "serious measures" with still respecting human values. Thus, what becomes an interesting problem in this research is how to involve the Indonesian National Army in handling acts of terrorism from a legal perspective. This research uses a normative doctrinal method. The Indonesian National Army's involvement in managing acts of terrorism and supported by the prevailing laws and regulations provides a greater sense of security and legal certainty for the community. Also, this research intends to examine that the involvement of the Indonesian National Army in handling acts of terrorism is by applicable regulations. The handling of criminal acts of terrorism requires a juridical basis to create a sense of security and justice. Thus, the Indonesian National Army must maintain the Unitary State of the Republic of Indonesia's territorial integrity and uphold state sovereignty. Therefore, the involvement of the Indonesian National Army in the context of handling acts of terrorism is an aid to the PolicePolice in defending the independence of the state, maintaining the territorial integrity of the Unitary State of the Republic of Indonesia, and protecting the entire nation and all spilled Indonesian blood based on Pancasila and the 1945 Constitution. The involvement of the Indonesian National Army in eradicating acts of terrorism is part of the support for the National Police, in the context of carrying out law enforcement operations that are not Military Operations Apart from War, unless they develop into acts of terrorism that threaten the existence of the Unitary State of the Republic of Indonesia or extraordinary circumstances occurs. This is in line with the Indonesian National Army's unique nature (lex specialis) in carrying out its duties.

The Regulation of Continuous Election Design’s Implementation Based on the Constitutional Court’s Decision Aufa Naufal Rishanda
Constitutionale Vol. 2 No. 2 (2021)
Publisher : Fakultas Hukum Universitas Lampung

This study aims to describe the consistency of judges' considerations in the Constitutional Court Decision No. 14/PUU-XI/2013 and the Constitutional Court Decision No. 55/PUU-XVII/2019 and its suitability with the design of the election administration according to the 1945 Constitution of the Republic of Indonesia. To measure the consistency of the two Constitutional Court Decisions, the meaning of the original intent of holding elections simultaneously according to the Amendment of the 1945 Constitution of the Republic of Indonesia will be used. This is normative legal research, which uses approach legislation (statute approach) and historical approach (historical approach). The results of this study indicate that the judge's considerations in the Constitutional Court Decision 14/PUU-XI/2013 are inconsistent with the Constitutional Court Decision 55/PUU-XVII/2019. Based on the original intent study, the Amendrs to the 1945 Constitution of the Republic of Indonesia disagreed on the simultaneous implementation of the General Election in Indonesia. So the judge's consideration in the Constitutional Court's decision Number 14/PUU-XI/2013, which requires simultaneous elections, is not following the design of the election administration according to the amendment to the 1945 Constitution of the Republic of Indonesia. Six alternatives for the simultaneous implementation of elections.

Implementation of Good Governance through E-Governance in Modern Law Countries during the Covid-19 Pandemic Neillisa Regga Syahputri; Eny Kusdarini
Constitutionale Vol. 2 No. 2 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Good governance is a form of sound innovation and effective implementation of policies and reparations that are responsive to society's needs. In a modern legal state, the implementation of e-governance demands increasingly complex societal developments, especially during the Covid-19 pandemic, which can change the way people live so that all activities must coexist with technology. This article's approach is qualitative with a systematic literature review as a research method to conduct a comparative study of several kinds of literature by analyzing the data to produce accurate and valid data. This article shows the results of implementing good governance through e-governance in modern law countries by following technological developments amid the Covid-19 pandemic. One of the policies is using e-governance as a means of public service to facilitate the implementation of good governance in all areas of life.

Page 2 of 5 | Total Record : 42

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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

Abstract

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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