Journal of Constitutional Law Society (JCLS)
Journal of Constitutional Law Society (JCLS) is an international journal in the field of constitutional law. JCLS does not rule out accepting scientific articles in State Administrative Law, Government Science, Political Science, International Relations, as long as the scientific studies are related to the development and progress of constitutional law. JCLS is an Open Access Journal that can be accessed and downloaded online and free of charge. JCLS is a journal managed by the Center for the Study of Constitution and Legislation, University of Bandar Lampung, one of the scientific incubators owned by the University of Bandar Lampung. JCLS strives to ensure high visibility and increased citation for all published scientific articles. This journal aims to facilitate scientific work on the latest theoretical and practical aspects of constitutional law and several scientific branches related to the development and progress of constitutional law and state administrative law. JCLS opens opportunities for experts, academics, researchers, practitioners, state administrators, non-governmental organizations, and observers of constitutional law and State Administrative Law to submit their manuscripts at any time.
Articles
30 Documents
<![CDATA[FUNCTIONS OF THE VILLAGE CONSULTATIVE BODY ON THE IMPLEMENTATION OF VILLAGE GOVERNMENT IN THE PERSPECTIVE OF FIQH SIYASAH ]]>
<![CDATA[M. Yasin Al Arif]]>;
<![CDATA[Ariyansyah]]>
<![CDATA[ Constitutional Law Society Vol. 1 No. 1 (2022): March ]]>
Publisher : <![CDATA[Center for Constitutional and Legislative Studies University of Bandar Lampung ]]>
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DOI: 10.36448/cls.v1i1.3
<![CDATA[As stated in Article 55 of Law Number 6 of 2014 that the Village Consultative Body has the function of assisting village regulations, accommodating and channeling the aspirations of the Village community and monitoring the performance of the Village Head. This study aims to implement the function of the Village Consultative Body in the Implementation of Village Government which is studied in the perspective of siyasah fiqh. This research is an empirical legal research using primary data which was analyzed descriptively. The results showed that the function of the Village Consultative Body in Talang Batu village had not been running properly, due to the lack of understanding of the members of the Village Consultative Council on the position and authority of the Village Consultative Body. Then in the study of Fiqih Siyasah, the Village Consultative Body as the power of al-sultah altasyri’iyah must be filled by people who understand this power]]>
<![CDATA[CODE OF ETHICS: QUALITY OF ELECTION MANAGEMENT TO REGIONAL ELECTIONS IN SIMULAR ELECTIONS IN INDONESIA ]]>
<![CDATA[Vieta I. Cornelis]]>
<![CDATA[ Constitutional Law Society Vol. 1 No. 1 (2022): March ]]>
Publisher : <![CDATA[Center for Constitutional and Legislative Studies University of Bandar Lampung ]]>
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DOI: 10.36448/cls.v1i1.4
<![CDATA[The urgency of the implementation of General Elections in a Democratic State in Indonesia is to function for the sustainability of the government system so that it requires an active role from all elements of the Indonesian nation, to realize a General Election that is truly carried out in a structured, systematic and responsible manner with consistent and trustworthy escort or supervision. That’s why things that happen related to the code of ethics for the organizers of the General Election, at the time of the General Election simultaneously and must be properly regulated by the organizers of the democratic party. The research method used in this article is normative legal research or commonly referred to as doctrinal law research that focuses on written regulations (law in book). The findings in this article show that in the future simultaneous general elections in the State of Indonesia, which consists of islands with different ethnicities, cultures, different human resources. One thing is realized that democracy does not guarantee equality of conditions, democracy only guarantees equality of opportunity. This equality is what we must apply so that all people have the same rights and obligations in obtaining the things that are mandated in the administration of state life.]]>
<![CDATA[SUPERVISION AND ENFORCEMENT OF LABOR SANCTIONS AGAINST VIOLATIONS OF PERMITS TO USE FOREIGN WORKERS IN THE PROVINCE OF SOUTH SULAWESI ]]>
<![CDATA[Wawan Haryanto]]>;
<![CDATA[Fitriani Jamaluddin]]>;
<![CDATA[Rizka Amelia Armin]]>
<![CDATA[ Constitutional Law Society Vol. 1 No. 1 (2022): March ]]>
Publisher : <![CDATA[Center for Constitutional and Legislative Studies University of Bandar Lampung ]]>
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DOI: 10.36448/cls.v1i1.5
<![CDATA[The importance of supervising foreign workers working in Indonesia needs to be controlled and supervised by the Ministry of Manpower. Uncontrolled use of foreign workers will have an impact on domestic workers. Therefore, the use of foreign workers must meet the provisions of positions that may be occupied by foreign workers, so that for positions that can still be carried out by Indonesian workers, domestic workers should be prioritized. The research used in this research is social law research/empirical research which is carried out with an approach to the legal reality in society. Related to employment crimes, it is a judicial repressive measure as the last step in enforcing labor law. From the law enforcement process in the field of labor inspection, we know that the law enforcement process is carried out in three stages, namely, the stage of development, supervision and enforcement of sanctions.]]>
<![CDATA[CONSTITUTIONAL JURISDICTION REVIEW OF THE EXISTENCE OF INDIGENOUS LAW COMMUNITIES IN INDONESIA ]]>
<![CDATA[Aisyah Risyat]]>;
<![CDATA[Riska Muliani]]>;
<![CDATA[Muhammad Erfa Redhani]]>
<![CDATA[ Constitutional Law Society Vol. 1 No. 1 (2022): March ]]>
Publisher : <![CDATA[Center for Constitutional and Legislative Studies University of Bandar Lampung ]]>
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DOI: 10.36448/cls.v1i1.6
<![CDATA[The purpose of this study is to find out the reasons for the formation of the Indigenous Law Community which are stated to still exist in Indonesia and the reasons why customary law is not codified in Indonesian laws and regulations. Customary law is based on Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The research method used in this article is normative legal research or commonly referred to as doctrinal law research that focuses on written regulations. The findings in this article reveal that customary law is not one of the laws in the hierarchy of laws and regulations in Indonesia because customary law is not a written law. Customary law will continue to change according to the desired interests and will ensure a sense of justice for the community because of the problems that exist in the community. Therefore, the codification of customary law iscontrary to the existing law in Indonesia which was made to be valid forever. According to Satjipto Raharjo, there are 4 requirements in Article 18 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia as a form of state power that determines the existence of a Customary Law Community, namely. as long as they are alive, in accordance with the development of society, according to the the principle of the unitary state of the republic of Indonesia and regulated by law.]]>
<![CDATA[RECONSTRUCTION OF THE LEGISLATION HIERARCHY IN LAW 12 YEAR 2011 BASED ON THE VALUES OF PANCASILA JUSTICE ]]>
<![CDATA[Isnawati Isnawati]]>
<![CDATA[ Constitutional Law Society Vol. 1 No. 1 (2022): March ]]>
Publisher : <![CDATA[Center for Constitutional and Legislative Studies University of Bandar Lampung ]]>
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DOI: 10.36448/cls.v1i1.7
<![CDATA[The hierarchy of laws and regulations in Indonesia is regulated in Law Number 12 of 2011 concerning the Establishment of Legislations, in principle lower regulations may not conflict with higher regulations. However, in Law Number 12 of 2011 concerning the Formation of Legislations, there are weaknesses, which have implications for the implementation of laws and regulations in Indonesia. This study uses a normative juridical approach, using a statute approach and a case approach. The finding in this article is that the reconstruction of the hierarchy of laws and regulations needs to be done by placing Pancasila as the highest basic norm, which can become the truth in the entire legal system in Indonesia.]]>
<![CDATA[IMPLEMENTATION OF REGIONAL REGULATION NUMBER 24 OF 2014 CONCERNING THE IMPLEMENTATION OF SOCIAL WELFARE IN LAMPUNG PROVINCE ]]>
<![CDATA[Arya Anasta Adam S]]>;
<![CDATA[Baharuddin]]>;
<![CDATA[Anggalana]]>
<![CDATA[ Constitutional Law Society Vol. 1 No. 1 (2022): March ]]>
Publisher : <![CDATA[Center for Constitutional and Legislative Studies University of Bandar Lampung ]]>
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DOI: 10.36448/cls.v1i1.8
<![CDATA[Society is one of the focuses of the study of state administration, where there are a lot of complexities of social problems and needs in it. In dealing with any existing problems, of course, it must start from the formulation of all forms of policies carried out by the government with related elements. This article will discuss how the implementation of Regional Regulation Number 24 of 2014 concerning the Implementation of Social Welfare in Lampung Province and what are the inhibiting factors and supporting factors of implementation in the implementation of social welfare in Lampung Province. The research method used in this article uses a normative approach and an empirical approach. The inhibiting factor for the Regional Regulation Number 24 of 2014 concerning the Implementation of Social Welfare in Lampung Province lies in the lack of understanding of the people who do not understand the regulations regarding social welfare so that people always assume that the government is not doing its function properly.]]>
<![CDATA[RESPONSIVE LAW MODEL FOR REALIZING FOOD SOVEREIGNTY REGENCY ]]>
<![CDATA[Ade Arif Firmansyah]]>;
<![CDATA[Yhannu Setyawan]]>;
<![CDATA[Malicia Evendia]]>
<![CDATA[ Constitutional Law Society Vol. 1 No. 1 (2022): March ]]>
Publisher : <![CDATA[Center for Constitutional and Legislative Studies University of Bandar Lampung ]]>
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DOI: 10.36448/cls.v1i1.14
<![CDATA[Data from the Ministry of Agrarian and Spatial Planning/National Land Agency in 2018 showed that the raw area of rice fields in Indonesia was only 7.1 million hectares (ha) or down compared to 2013 which was still 7.75 million hectares. This will of course have a negative impact onthe achievement of national food sovereignty vsi, coupled with the condition of regional agricultural regulations which are still sectoral and not comprehensive. By using a doctrinal approach, this paper aims todevelop a responsive legal model to create a food-sovereign district. The results of the study indicate that a responsive legal model to empower farmers and create food sovereignty districts is needed because so far regional regulations in the agricultural sector are still partial so that they have not fully supported the realization of the condition of food sovereignty. The targets to be realized, the scope of regulation, the scope, and direction of the regulation model of a responsive law-based food sovereignty district will contain three major parts, namely: the Agricultural Land Protection Division, the Farmer Protection and Empowerment Division, and the Irrigation Network Section, so that the realization of a sovereign district is realized. food can be achieved comprehensively.]]>
<![CDATA[IMPLEMENTATION ANALYSIS OF ARTICLE 102 ITEM 2 OF LAW NUMBER 13 OF 2003 REGARDING MANPOWER (STUDY ON THE FEDERATION OF INDONESIAN PULP AND PAPER WORK UNIONS) ]]>
<![CDATA[Indah Satria]]>;
<![CDATA[Gilang Prayoga]]>;
<![CDATA[Aulia Oktarizka Vivi Puspita Sari A.P]]>;
<![CDATA[Sanyyah Majidah]]>
<![CDATA[ Constitutional Law Society Vol. 1 No. 1 (2022): March ]]>
Publisher : <![CDATA[Center for Constitutional and Legislative Studies University of Bandar Lampung ]]>
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DOI: 10.36448/cls.v1i1.22
<![CDATA[Dozens of workers at Tanjung Enim Lestari Limited Liability Company experienced unilateral termination of employment. This happens because of the contract work system and the change of vendors providing worker services, the paper raw material producing company that was founded in 1990, often changes to the vendor supplier of labor. However, neither the Tanjung Enim Lestari Company nor the labor provider vendors encountered the mass of labor unions who held a demonstration. The author uses two problem approaches, namely the normative juridical approach and the empirical approach. The finding in this article is that workers' welfare rights are not fulfilled during/after the work period, in Article 99 of Law Number 24 of 2011 concerning the Social Security Administering Body, it is stated that every worker or laborer and his family have the right to obtain labor social security. that the employer is obliged to gradually register himself and his workers as participants with the Social Security Administering Body and the company is also obliged to provide welfare facilities and form worker or labor cooperatives and productive businesses. ]]>
<![CDATA[LEGAL ASPECTS OF MEDICAL PRACTICE IMPLEMENTATION: DISPUTES OF CODE OF ETHICS IN HANDLING PATIENTS HEALTH SOCIAL SECURITY ADMINISTERING AGENCY ]]>
<![CDATA[Nabbilah Amir]]>;
<![CDATA[Anissa Rachma Damayanti]]>
<![CDATA[ Constitutional Law Society Vol. 1 No. 1 (2022): March ]]>
Publisher : <![CDATA[Center for Constitutional and Legislative Studies University of Bandar Lampung ]]>
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DOI: 10.36448/cls.v1i1.23
<![CDATA[The Health Social Security Administering Body is a public legal entity whose main task is to provide improved health services to the entire community. With the existence of health insurance products, it is hoped that all Indonesian people can experience health services equally to all levels of society. Doctors are one of the leading professions in the health sector. The main task of a doctor is to provide optimal service to everyone who has problems with their health interests in accordance with and carried out in accordance with the doctor’s professional code of ethics. This research is juridical normative, which is a form of research that will analyze a problem and solve it using legal materials obtained based on facts, literature, and expert arguments and analyze article by article in the legislation so that the results of this study will provide a explanation of existing legal issues to be used as guidelines in improving medical service standards by the government. There are quite a lot of participants in the Health Social Security Organizing Agency in Indonesia. This shows that more and more people need easy access to health services. This must be supported by human resources (doctors, nurses, and related parties) and agencies such as hospitals or health centers in improving the quality of health services. A doctor has a professional code of ethics in carrying out his duties, namely he must carry out health services seriously in accordance with his competence to be able to provide optimal service to patients while respecting human dignity.]]>
<![CDATA[POSITION OF THE TEMPURAN VILLAGE HEAD IN THE IMPLEMENTATION OF VILLAGE AUTONOMY ]]>
<![CDATA[Nitaria Angkasa]]>;
<![CDATA[Rendi Evardi]]>
<![CDATA[ Constitutional Law Society Vol. 1 No. 1 (2022): March ]]>
Publisher : <![CDATA[Center for Constitutional and Legislative Studies University of Bandar Lampung ]]>
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DOI: 10.36448/cls.v1i1.24
<![CDATA[The role of the village head in implementing village-scale local authority as a form of village autonomy according to Law Number 6 of 2014 concerning Villages is the authority to regulate and manage the interests of village communities that have been carried out by the village or are capable and effectively carried out by the village. Authority based on the right of origin and local authority on a village scale is a good opportunity for the village to be able to determine its own destiny in planning, implementing and evaluating development in the village. Villages have a large space to map various village assets and use them as much as possible for the benefit of the village. This study uses an empirical juridical approach. The empirical juridical approach is to conduct research in the field, namely by looking at the existing facts regarding the position of the village head in the application of regional autonomy. The result of this research is that the Head of Tempuran Village, Trimurjo District, Central Lampung Regency conveys the role of the Village Head regarding regional autonomy and village autonomy is very important. Law Number 23 of 2014 concerning Regional Government provides a strong foundation for villages in realizing a “Development Community” where the village is no longer an administrative level or regional subordinate but on the contrary as an “Independent Community”. The village and its community have the right to speak for the interests of the community itself. Villages are given the authority to regulate their villages independently, including in the social, political and economic fields. With this independence, it is hoped that it will increase the participation of rural communities in social and political development.]]>
