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Constitutionale
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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The Polemic on Imposing Castration Sanctions against Pedophiles Perpetrators Based on the Human Right’s Perspective Rakhmat Ubaidillah Ahror
Constitutionale Vol. 2 No. 2 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (498.875 KB) | DOI: 10.25041/constitutionale.v2i2.2341

Abstract

Sexual violence is a crime against humanity. Because, it is, closely related to human rights Cases of sexual violence caused the government to issue the idea of castration for perpetrators of sexual violence. However, this raises pros and cons in the community. The problem of this research is, how is the imposition of castration sanctions on pedophiles from a human rights perspective, and what are the supporting and inhibiting factors for implementing castration sanctions against pedophiles? The study uses a normative juridical and empirical juridical approach carried out on theoretical matters of legal principles. In contrast, the empirical approach is carried out to study the law in reality through behavioural assessments. The study results stated that the perspective of imposing castration sanctions on pedophile perpetrators also reaped the pros and cons in its implementation. Some thought that castration sanctions were quite effective if applied to perpetrators of sexual crimes to immediately provide a deterrent effect on perpetrators and break the chain of sexual crimes that developed in the community. Opinions against the castration sanction are also criticised by various groups, including human rights activists, because castration is considered a cruel punishment for perpetrators, and cruel punishments aim to torture the perpetrators of the crime, but this is undoubtedly related to human rights. Supporting and inhibiting factors for the implementation of castration sanctions against pedophile perpetrators. Supporting factors for the discourse of castration sanctions on perpetrators of sexual crimes against children are caused by the high number of sexual crimes in Indonesia, which has entered a dangerous stage. It was passed into Law Number 17 of 2016. The inhibiting factor is that castration sanctions are not allowed in the national criminal law system. The purpose of punishment, castration is a violation of human rights, seen from the facilities or facilities. Furthermore, there are obstacles from the executor of the castration crime, namely doctors, because it contradicts the code of ethics (KODEKI). Suggestions in this study should be in imposing criminal acts of sexual violence against children to pay attention to humane punishments without degrading and provide benefits, namely a deterrent effect.
Differences in the Arrangement of Leave Outside the State Responsibility for Presidential Candidates and Incumbent Regional Head Candidates Based on the Equality Before the Law Muhamad Hadiyan Rasyadi
Constitutionale Vol. 2 No. 2 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (492.23 KB) | DOI: 10.25041/constitutionale.v2i2.2357

Abstract

The existence of differences in leave arrangements outside of the state's responsibility for incumbent candidates in the Presidential and Vice Presidential Election (pilpres) and the General Election of Regional Heads and Deputy Regional Heads (pemilukada) have an impact on the sense of justice in granting political rights attached to citizens. The research describes the arrangements' differences from the equality before the law's perspective. The type of research used is normative legal research with descriptive legal research methods. The problem approach used is statutory, comparative, and conceptual approaches. The data used in this research is secondary data, with a literature study method. Furthermore, the technique used in this research is to collect, identify and analyze the data presented in a qualitative descriptive form. The results of the research and discussion show that there are differences in leave arrangements outside of the state's responsibility for presidential and vice-presidential candidates and incumbent regional heads and deputy regional heads in the presidential and regional elections. Theoretically, every legislation formulation and application must be based on the principle of equality before as a form of social justice.
Realizing a Child Friendly City as Protection towards Children in Indonesia Ahmad Musthafa Azhom
Constitutionale Vol. 2 No. 2 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (530.639 KB) | DOI: 10.25041/constitutionale.v2i2.2420

Abstract

The future of human civilization are in the hand of children nowadays. In order to. In order to deliver the better future human civilization the government should create a friendly place for children to live on and growth. By that the government of Indonesia has created the regulations where the focus are to protect the rights of the children. In this research aims to know how far the regulations of child-friendly city in the law regulations have reached. This research uses a normative juridical approach, by examining the regulation of a child-friendly city through the laws and regulations. The data analyzed is secondary data in the form of doctrine or opinion of constitutional law experts, and books, including scientific journals, primary data in the form of UUD 1945 and the law regulations. The data obtained were analyzed deductively and thoroughly by using the low systematic research and the hierarchical level of the low regulations. From the research results, it is found that the Government has made efforts in developing Child Friendly City. Facilitated by the relevant law regulations that are built on the basis of commitment from each network actor to create a Child Friendly City so the policy can run effectively, efficiently and on target. with the character of each related institution in each child protection program, creating the opportunity for the creation of a child-friendly city by accepting ideas and suggestion for the policy of Child Friendly City to build the same perception..
The Legitimacy of Presidential Threshold Towards Indonesian Citizens’ Democracy and Constitutional Rights Imam Pratama Rifky
Constitutionale Vol. 2 No. 2 (2021)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (471.946 KB) | DOI: 10.25041/constitutionale.v2i2.2445

Abstract

A presidential threshold or a threshold for presidential candidacy dramatically hinders a person's democratic rights. This is because a person can rightfully nominate and elect themselves through a political party, which must be limited due to this system. The Presidential Threshold could eliminate the fundamental rights of the people in the constitution, where every citizen has the right to be elected and to vote. This statement is stated in Article 28(D) paragraph 3 of the 1945 Constitution, later revealed to be Law No.39 of 1999. With the existence of this presidential threshold, it is feared that it could injure the law's mandate. The research aims to determine whether the presidential threshold injured democracy and the mandate of the 1945 constitution. This research uses a normative approach. The research will focus on the principles, comparisons and history of law. The presidential threshold will close the space for political parties to carry the best presidential and vice-presidential candidates for the community. This automatically kills democracy, political parties' constitutional rights, and the people's right to choose the best and quality, leaders.
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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