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Journal of Constitutional Law Society (JCLS)

jcls
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Published by Universitas Bandar Lampung

ISSN : - EISSN : 28295013 DOI : https://doi.org/10.36448/jcls

Core Subject : Education, Social,

Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 10 Documents

Search results for , issue "Vol. 2 No. 1 (2023): March" : 10 Documents clear

THE INFLUENCE OF POLITICAL DYNASTY ON THE DEMOCRACY CLIMATE: PENGARUH DINASTI POLITIK TERHADAP IKLIM DEMOKRASI Adhe Ismail Ananda
Constitutional Law Society Vol. 2 No. 1 (2023): March
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Indonesia's political culture does have its own characteristics, where regions with a variety of local cultural values also always give different political nuances. However, if we pay close attention, almost no region is free from the legacy of feudalism values, patrimonial practices, patronage and the characteristics of a communal society which tend to be very permissive. This condition then gave birth to political dynasties, one thing that is also a problem for democracy in our country. This research is a doctrinal research or normative legal research. Political dynasties are primitive reproductive systems of power because they rely on the blood and lineage of only a few people. Political dynasty can also be interpreted as a strategy to maintain power in order to remain in the family circle. Political dynasties tend to give rise to multiplication of actors (actors that appear only within dynasties), not pluralism of actors (actors that appear tend to vary from various backgrounds). The presence of political dynasties that encompasses power struggles at regional to national levels makes it difficult to realize the substance of democracy itself. The growth of political dynasties, especially in the regions, cannot be separated from the role of political parties and regulations regarding regional elections. The oligarchy within political parties causes the candidacy and nomination mechanisms to not work as they should. So far, there has been a tendency for political parties to nominate candidates based on the wishes of party elites, not through democratic mechanisms that take into account the abilities and integrity of the candidates.

VERIFICATION OF POLITICAL PARTIES PARTICIPATING IN GENERAL ELECTIONS BEFORE AND AFTER THE DECISIONS OF THE CONSTITUTIONAL COURT: VERIFIKASI PARTAI POLITIK PESERTA PEMILIHAN UMUM SEBELUM DAN SESUDAH PUTUSAN MAHKAMAH KONSTITUSI Yusuf Mulya Kharismawan
Constitutional Law Society Vol. 2 No. 1 (2023): March
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Political parties are the political superstructure of a democratic country, namely as a means for citizens to occupy political positions through general elections. The requirements for passing verification as election participants by the General Elections Commission must be met by political parties contained in the election law, by making it harder for political parties to pass verification as well as exceptions for several political parties that have met certain verification requirements so that they are immediately designated as participants to next elections. The exception is not in accordance with Article 27 paragraph (1), Article 28D paragraph (1) and Article 28D paragraph (3) of the 1945 Constitution as unconstitutional through several decisions of the Constitutional Court. The purpose of this study is to determine the conditions for passing the verification of political parties participating in the General Election before and after the Constitutional Court Decision, and analyze the considerations of the Constitutional Court judges regarding the requirements to pass the verification of political parties participating in the General Election based on the principle of equal treatment before the law, using a normative approach. It can be concluded that the considerations of the Constitutional Court regarding the verification requirements of political parties participating in the general election are inconsistent because the material test of the 1945 Constitution used are different and there is not required for the Constitutional Court to use jurisprudence as a basis for consideration even though there are similarities in substance.

IMPLICATIONS OF THE UKRAINE RUSSIAN INVASION ON HUMAN RIGHT AND THE INTERNATIONAL ECONOMY: IMPLIKASI INVASI RUSIA UKRAINA TERHADAP HAMA DAN PEREKONOMIAN INTERNASIONAL Kristo Saputra Criss; Randita Putri Nugraini; Chairunisa Alya Rahmawaty
Constitutional Law Society Vol. 2 No. 1 (2023): March
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

The impact given to the war that occurs between one country and another, will certainly have implications and greatly affect other countries that are not involved in the war, one of which a large effect on the economic sector. so that the impact of the war occurs so that the economy will take root again, new problems and spread to various countries. Concrete examples of contemporary issues that occurred, such as the invasion that occurred between Russia and Ukraine, which had a widespread impact, especially in the Southeast Asian Region. The approach or methodology used in this study is a literature research, based on the problems or issues raised regarding how and what impact the post-invasion had on the world economy and how solutions or policies could be taken in overcoming the consequences after the invasion ended, especially in the economic field has even taken the human rights of civilians which of course has a big impact so that it will be more analytical in nature from the various problem concepts raised and the relationship between the variables in this research to be made with factual data and technical analysis based on the best possible knowledge. The purpose of writing this article is to serve as a guideline and reference for further researchers regarding the impact of a war and its solutions after the war ends. Until the author also strives for no shortcomings, such as the correctness of the data taken, analysis of the issues raised, as well as the writing and structure of this article.

IMPLEMENTATION OF STATE MINISTER OF WOMEN'S EMPOWERMENT AND CHILD PROTECTION REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 8 OF 2014 CONCERNING CHILD FRIENDLY SCHOOLS (SRA) POLICIES IN BANDAR LAMPUNG: IMPLEMENTASI PERATURAN MENTERI NEGARA PEMBERDAYAAN PEREMPUAN DAN PERLINDUNGAN ANAK REPUBLIK INDONESIA NOMOR 8 TAHUN 2014 TENTANG KEBIJAKAN SEKOLAH RAMAH ANAK (SRA) DI BANDAR LAMPUNG Fiky Nurita Ningsih; Juang Muhammad Nur Juanda; Toga Matthew Michael Siregar
Constitutional Law Society Vol. 2 No. 1 (2023): March
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Quality education supports the progress of a nation. Therefore, an education system is needed as a guideline for implementing an effective and efficient educational process. The education system implemented in Indonesia has undergone many changes. That with these changes Indonesian education is increasingly progressing. For this reason, an effort is needed in order to improve the quality of education and teaching, one of which is to choose a learning strategy or a way of conveying subject matter so that an increase in student learning achievement is obtained. Child-Friendly Schools, hereinafter abbreviated as SRA, are formal, non-formal and informal education units that are safe, clean and healthy, care and have a culture of the environment, capable of guaranteeing, fulfilling, respecting children's rights and protecting children from violence, discrimination and mistreatment. and support children's participation, especially in planning, policy, learning, supervision, and complaint mechanisms related to the fulfillment of children's rights and protection in education. The purpose of this article is to find out how the implementation of the Regulation of the Minister of Women's Empowerment and Child Protection of the Republic of Indonesia Number 8 of 2014 concerning Child Friendly School Policy (SRA) in Bandar Lampung. The research method used for this research is empirical juridical or socio legal. Based on the Regulation of the State Minister for Women's Empowerment and Child Protection of the Republic of Indonesia Number 8 of 2014 concerning Child Friendly School Policy, there are several indicators that must be met in the learning component to become a Child Friendly School (SRA), namely: SRA Policy, Curriculum implementation, Educators and staff trained education on child rights, SRA facilities and infrastructure.

EFFETIVENESS OF IMPLEMENTING E-VOTING AS A REPRESENTATION OF ELECTION LAW DEVELOPMENT IN INDONESIA: EFEKTIVITAS PENERAPAN E-VOTING SEBAGAI REPRESENTASI PEMBANGUNAN HUKUM PEMILU DI INONESIA Muhammad Alief Farezi Efendi
Constitutional Law Society Vol. 2 No. 1 (2023): March
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

This study aims to understand how effective the implementation of e-voting in the election system in Indonesia by analyzing based on the statue approach and a conceptual approach. By using this approach, it can be concluded that if you look at it in terms of needs, it is undeniable that the Indonesian nation is currently in the midst of the current of modernization, it really needs a more up-to-date system with various conveniences and practicalities in its fulfillment. Of course, the application of e-voting must be designed in such a way that elections can be held optimally. In the context of democracy, the voting system through the e-voting method must prioritize, respect, and guarantee the credibility of the election. The development of democratic places in media and the development of technology with a fast flow is one of the strong reasons for the idea of an e-voting system in the implementation of elections in Indonesia. Thus, it is necessary to conduct normative and conceptual studies to be able to build issues and ideas and answers related to the effect of e-voting in the election system in Indonesia as a form and process of building election law in Indonesia, but still in accordance with the principles of holding elections and the provisions of laws and regulations.

JURIDICAL IMPLICATIONS OF BUSINESS LICENSING REGULATIONS FOR OUTSOURCING COMPANIES POST CONSTITUTIONAL COURT DECISION NUMBER 91/PUU-XVIII/2020: IMPLIKASI YURIDIS PERATURAN PERIZINAN USAHA TERHADAP PERUSAHAAN OUTSOURCING PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 91/PUU-XVIII/2020 Muhammad Jasmi; Muhammad Syafer; Muhammad Rafi Darajati Darajati
Constitutional Law Society Vol. 2 No. 1 (2023): March
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

In 2020 the Supreme Court received a request for a judicial review of the formal review of Law Number 11 of 2020 concerning Job Creation. One of the main contents of the application is outsourcing. The Constitutional Court issued Decision Number 91/PUU-XVIII/2020, which stated that the Job Creation Law was Conditionally Unconstitutional. One of the essences of the Constitutional Court decision is to suspend all strategic policies with broad implications, and it is not justified to issue new implementing regulations related to the Job Creation Law. The method in this research is a normative legal research method. Normative legal research is legal research conducted by examining literature or secondary data. This study uses a statute approach. The statute approach is research that prioritizes legal materials in the form of laws and regulations as essential reference material in conducting research. The results of the study show that Constitutional Court Decision Number 91/PUU-XVIII/2020 suspends all actions/policies that are strategic and have broad implications. It is not justified to issue new implementing regulations related to the Omnibus Law on Job Creation so that the Government cannot issue new implementing regulations and the implementation of outsourcing still refers to the old provisions, namely the Regulation of the Minister of Manpower Number 19 of 2012 and its amendments.

REFORMULATION OF STATE PROPERTIES AS A GUIDELINE FOR THE DIRECTION OF INDONESIA'S NATIONAL DEVELOPMENT: REFORMULASI HALUAN NEGARA SEBAGAI PEDOMAN ARAH PEMBANGUNAN NASIONAL INDONESIA Firna Novi Anggoro
Constitutional Law Society Vol. 2 No. 1 (2023): March
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Discourse of reviving the direction of the country is still ongoing as an effort to correct the national development planning system that is currently used. The pros and cons of coloring efforts to revive the direction of the country. The revival of the direction of the state is considered a manifestation of the return of the authoritarian system of authoritarianism in the new order era. On the contrary, the positive response to reviving PPHN is able to ensure that national development is more thorough, directed, integrated, sustainable and accountable. The problem is how the urgency of forming PPHN as a guideline for the direction of national development in the future? This research is normative juridical research using a statutory approach (statute approach) and a conceptual approach (conceptual approach). The national development system based on the SPPN Law has various weaknesses. this system is still executive heavy and vulnerable to abuser practices has various weaknesses. this system is still executive heavy and vulnerable to abuse of power. In addition, the current national development system provides a gap between the pattern of government development at the central, provincial, district/city levels plus between the leadership before and after it so as to create development that is directed, sustainable and more accountable. It is necessary to reformulate the PPHN which is regulated in the 1945 Constitution of the Republic of Indonesia and subsequently implemented in the system of administering state government power in Indonesia. The granting of constitutional authority to the MPR in the formation and determination of the PPHN will provide a unified perception considering that all colors of political parties take a common consensus for the interests of the nation and state. The implementation of development will be accountable to the MPR in the form of a performance report, even though the president is no longer the mandate of the MPR. This accountability is an effort to revive the principle of checks and balances on the implementation of national development.

DIVINE VALUE OF INDONESIAN JURISPRUDENCE: A REFLECTION OF PANCASILA JURISPRUDENCE: ILMU HUKUM INDONESIA YANG BERKETUHANAN: SUATU REFLEKSI ILMU HUKUM PANCASILA Ade Arif Firmansyah; Malicia Evendia
Constitutional Law Society Vol. 2 No. 1 (2023): March
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

This paper aims to examine divine values as a form of reflection on Pancasila values in Indonesian jurisprudence. This study is important considering that the current conditions for the establishment and enforcement of Indonesian law tend to pay little heed to divine values. Using the doctrinal writing method with a conceptual approach it is found that:Jurisprudence which believes in God is a form of reflection of Pancasila values and is part of Pancasila jurisprudence. Jurisprudence which believes in God is closely related to religious principles which in essence want humans to remain in their minds and consciences in living life. The essence of theology in theology of law focuses on strengthening aspects of morality with regard to the immunity of the legal structure, the establishment of legal substance and legal culture

LEGALITY OF TERMINATION OF CONSTITUTIONAL JUDGES BY THE COUNCIL OF REPRESENTATIVES BEFORE THEIR TERMS OF OFFICE END: LEGALITAS PEMBERHENTIAN HAKIM KONSTITUSI OLEH DEWAN PERWAKILAN RAKYAT SEBELUM MASA JABATAN BERAKHIR Aulia Oktarizka Vivi Puspita Sari A.P; Indah Satria
Constitutional Law Society Vol. 2 No. 1 (2023): March
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Constitutional judges must have integrity and personality that is beyond reproach, be fair, be a statesman who masters the constitution and state administration, and not concurrently serve as a state official. Dismissal of constitutional judges before the end of their term of office can only be carried out for reasons, namely resigning at their own request submitted to the chairman of the Constitutional Court, being physically or mentally ill continuously for 3 (three) months so that they cannot carry out their duties as evidenced by a doctor's certificate , as well as dishonorably dismissed for reasons as set out in Article 23 paragraph (2) of the Constitutional Court Law. Related to the legality of dismissal of Constitutional Justices by the House of Representatives before the term of office ends. This type of research is normative legal research or normative juridical. A dishonorable dismissal of a Constitutional Judge can only be carried out if the reasons for dismissal are met in accordance with the provisions in Article 23 paragraph (2) of the Constitutional Court Law. Whereas the House of Representatives is only capable of nominating candidates for Constitutional Justices through an application to the President at the request of the Chief Justice of the Constitutional Court which will then be determined based on a Presidential Decree. After the Constitutional Court accepts the Presidential Decree, the Presidential Decree will be notified to the institution authorized to apply for a replacement of Constitutional Judges

DISCOURSE ON ELECTION DISTRICT ARRANGEMENTS OF DPR RI: DISKURSUS PENGATURAN DAERAH PEMILIHAN ANGGOTA DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA Marcellino Hariadi Nugroho; Yusdiyanto Yusdiyanto; Malicia Evendia
Constitutional Law Society Vol. 2 No. 1 (2023): March
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Article 187 paragraph (5) Law Number 7/2017 (Election Law) stipulates that the arrangement of the electoral districts for DPR members and the number of seats for each electoral district is determined by the legislators by attaching them in Appendix III Election Law. The existence of these provisions prompted the Non-Governmental Organization (NGO) Association for Elections and Democracy (Perludem) to submit a judicial review to the Constitutional Court. With the issuance of Constitutional Court Decision Number 80/PUU-XX/2022, the arrangements regarding electoral districts have undergone quite significant changes. This research is a normative legal research with a qualitative type. The problem approach used is the case, statutory, and comparative approach. The results of the study show that the arrangements regarding electoral districts have undergone significant changes after the issuance of the Constitutional Court Decision Number 80/PUU-XX/2022. This change can be seen from the authority to prepare and allocate seats which were previously in the hands of the legislators (through Annexes III of the Election Law) to the KPU (through KPU Regulations). In addition, several electoral arrangements in Brazil can be adopted by Indonesia, including regarding the proportional calculation method, population data, and the election management body as the institution authorized to manage electoral districts.

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Editorial Address UNIVERSITAS BANDAR LAMPUNG Jl. Zainal Abidin Pagar Alam No. 26 Kelurahan Labuhan Ratu, Kecamatan Kedaton, Kota Bandar Lampung, Lampung, 35142, Kampus Universitas Bandar Lampung

Location Kota bandar lampung, Lampung INDONESIA

Abstract

Abstract

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Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Indah Satria

Contact Email
cls@ubl.ac.id

Phone
-

Journal Mail Official
cls@ubl.ac.id

Editorial Address
UNIVERSITAS BANDAR LAMPUNG Jl. Zainal Abidin Pagar Alam No. 26 Kelurahan Labuhan Ratu, Kecamatan Kedaton, Kota Bandar Lampung, Lampung, 35142, Kampus Universitas Bandar Lampung

Location
Kota bandar lampung,

Lampung

INDONESIA