cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
YUSUF ADIWIBOWO
Contact Email
lentera.hukum@unej.ac.id
Phone
-
Journal Mail Official
lentera.hukum@unej.ac.id
Editorial Address
-
Location
Kab. jember,
Jawa timur
INDONESIA
Lentera Hukum
Published by Universitas Jember
ISSN : 23554673     EISSN : 26213710     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
E-Journal Lentera Hukum merupakan sarana ilmiah bagi mahasiswa untuk menyalurkan pemikiran-pemikiran ilmiah di bidang ilmu hukum. Artikel yang dikirim belum pernah dipublikasikan atau tidak dalam proses penerbitan dalam berkala ilmiah lain. E-Journal Lentera Hukum terbit tiga kali dalam setahun yaitu April, Juli, dan Desember. Diterbitkan secara elektronik atas kerjasama Fakultas Hukum dan UPT Penerbitan Universitas Jember
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "Vol 9 No 1 (2022): LENTERA HUKUM" : 6 Documents clear
A Comparative Analysis of the Impeachment Procedures in Nigeria and Indonesia: A Need for a Paradigm Change Kalu Kingsley Anele
Lentera Hukum Vol 9 No 1 (2022): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v9i1.28417

Abstract

Although impeachment as the outcome of constitutionalism is significant in good governance, narrow political affiliations, institutional corruption, and the absence of democratic tenets among politicians hamper its proper application in Nigeria and Indonesia. The impeachment in both countries reveals a weaponization of the process for parochial gains and there is a penchant for using the process to remove elected officials for personal and political reasons. This study comparatively analyzes the impeachment procedures in Nigeria and Indonesia to suggest measures to strengthen and safeguard the procedures from abuse. The methodology deployed in this study is essentially a desk review of both primary and secondary materials. Given the comparative analysis of the commonalities and variant impeachment procedures in Nigeria and Indonesia, the application of the constitutional provisions for impeachment in both countries remains fraught with neo-patrimonialism and narrow party considerations, exacerbated by corruption, selfish interests, and ulterior motives to be in power endlessly. Moreover, wieldy impeachment provisions and weak institutional regimes propagate the abuse of impeachment. Hence, public participation in the impeachment process, amendment of the impeachment provisions, appointment of judges by independent bodies, and the prosecution of corrupt politicians and judges by effectively implementing extant anti-corruption laws are some of the steps to suppress the abuse of impeachment in Nigeria and Indonesia. While these measures are vigorously implemented, the abuse of the impeachment procedures will be repressed. KEYWORDS: Constitutionalism, Impeachment Procedures, Indonesia, Nigeria.
Populist Constitutionalism in Brazil and Peru: Historical and Contextual Issues Eleonora Mesquita Ceia
Lentera Hukum Vol 9 No 1 (2022): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v9i1.28489

Abstract

Given populism's common practice in South America, the region provides a crucial case to identify populism as a prevalent strategy by different ideologies. The link between populism and constitutionalism is paramount because populist governments typically use constituent power and constitutional identity to reach political goals. This study aimed to provide a comparative constitutional analysis of the recent development of populism in Brazil and Peru. The first was the rhetoric and practices of Jair Bolsonaro's government in Brazil, whereas the second was Pedro Castillo's government in Peru regarding constitutional reforms and human rights issues. This comparison justified that Brazil and Peru are presidential republics where harsh political polarization shakes their societies. Bolsonaro and Castillo have anti-corruption discourses and support a new constituent process but present antagonistic economic views. This study was comparative in nature that used a qualitative approach, sourced from bibliographic and documentary research that included specialized literature on South American populism and constitutionalism and the government's plans and legislation. This study showed that both governments have difficulties executing their respective agendas on customs and constituent referendums due to governability problems and important features of the constitutional design, such as eternity clauses, judicial review, and constitutional rigidity. It concluded that the populist strategies of Bolsonaro and Castillo are different. Bolsonarism is antiliberal and promotes human rights regression, whereas Castillo's populism is conservative but democratic. In common, both face the coalitional presidentialism and constitutional protection mechanisms as constraints to putting their political goals entirely into practice. KEYWORDS: Authoritarianism, Constitutionalism, Fundamental Rights, Populism.
Elimination of Child Labor in Vietnam's New Generation of Free Trade Agreements Cuc Nguyen; Phuoc Huu Ngo
Lentera Hukum Vol 9 No 1 (2022): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v9i1.26026

Abstract

As of March 2021, Vietnam negotiated and signed the new generation of Free Trade Agreements (FTAs), consisting of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the European-Vietnam Free Trade Agreement (EVFTA), and the Vietnam-Eurasian Economic Union Free Trade Agreement (VN-EAEU FTA). One of the critical issues of these agreements is non-commercial provisions, especially commitments to the elimination of child labor. This study aimed to examine the implementation of the commitment to eliminate child labor in the new generation of FTAs under the principle of pacta sunt servanda and the government's responsibility to comply with international treaties according to the 2013 Constitution. Based on the obligations arising from international treaties, Vietnam must comply with all commitments agreed upon as a state member. As a result, it is necessary to implement suitable solutions to implement these commitments properly, especially the elimination of child labor, according to the three mentioned FTAs. By using comparative and evaluated methods, this study analyzed and commented on the similarities and differences between the Vietnam labor legal system and these three agreements on eliminating child labor. This study indicated relative compatibility between regulations in three FTAs and the Vietnamese legal system. Subsequently, there is a need to improve the effective implementation of these commitments by amending the definition of children, working hours, and classifying violations against the law regarding the employment of workers under 16 years old of coercive labor into the group of crimes and criminal liabilities to commercial legal entities. KEYWORDS: Child Labor, Free Trade Agreements, Vietnam.
Recognition of Forest Carbon Rights in Indonesia: A Constitutional Approach Kenny Cetera
Lentera Hukum Vol 9 No 1 (2022): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v9i1.29331

Abstract

As a forest-rich nation, Indonesia has actively participated in carbon market governance like the REDD+ program. With the rapid expansion of REDD+ to address the effects of climate change, questions surrounding carbon rights have surfaced. This study aims to analyze the regulatory development of carbon rights in Indonesia and its impact on the community rights over forest resources by elaborating on the ideal carbon rights governance under a constitutional perspective. The study uses the normative method, which includes pertinent rules and supporting statements from climate change specialists. This study shows that carbon rights are defined broadly as the right to participate in forest carbon trading, although they require a government permit. There is no clear explanation of the relationship between land tenure and carbon ownership under the existing legislation, despite four permits to acquire carbon benefits: environmental service, social forestry, ecosystem restoration, and forest carbon administration permit. While the state can claim state control rights on certain commodities like carbon under Article 33 of the Indonesian Constitution, it also has to manage the distribution of carbon incentives based on the public interest. By facilitating the transfer of carbon rights under a carbon trading scheme while highlighting the government's role in sharing the benefits of carbon via a result-based payment scheme, Presidential Regulation 98/2021 contributes to more explicit control of carbon rights. All concerns related to carbon rights governance in Indonesia include complicated administrative and technical requirements for applying for a license, insecure land tenure due to overlapping claims, and unlawful encroachment in forest regions. Since land tenure issues remain unresolved, recognizing carbon rights as an alternative to recognizing marginal and community rights to forest resources could be viable. KEYWORDS: Environmental Regulation, Forest Carbon Rights, REDD+.
Changing Dynamics of Constitutionalism: South Asia's Tryst with Constitution Neha Tripathi; Anubhav Kumar
Lentera Hukum Vol 9 No 1 (2022): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v9i1.28564

Abstract

The prevailing view of the constitutional framework in South Asia is seen as secondary and subsidiary to developed constitutional systems worldwide. Meanwhile, South Asian countries have merely re-produced the constitutional framework of developed nations. The emergence and development of South Asian constitutionalism present a range of perspectives and methodological approaches that contribute to comparative constitutional law scholarship in South Asia. The overt attention toward the Western notion of liberalism has often led to an incomplete and unclear approach to South Asian constitutionalism. The paper aimed to explore the elements of South Asian constitutionalism alongside underlying socio-economic and political discourse surrounding its contemporary understanding. It also analyzed the role of courts in affirming and transforming South Asian constitutionalism. Instead of reviving interest in South Asia and Third World Approach to International Law, this paper showed that it is only practical and pragmatic to study constitutionalism with specific reference to the modern discourse of democracy, judicial review, separation of power, and human rights enshrined in their respective constitutions. In terms of its emergence from the colonial history and other prevalent forms of distinct cultural, social, and political practices, South Asia presented a heterogeneous experience in the light of recognition and enforcement of socio-economic rights and transformations and deviations from its past experiences. KEYWORDS: Comparative Constitutional Law, Constitutionalism, South Asia.
Environmental Protection in the Argentinian Supreme Court Case Law Fernando Arlettaz
Lentera Hukum Vol 9 No 1 (2022): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v9i1.29121

Abstract

According to Article 41 of the Argentinian Constitution, all inhabitants have a right to environmental protection. Citizens have a right to a healthy and balanced environment, suitable for human development and productive activities to satisfy present needs without compromising those of future generations. The paper aims to analyze the tensions implicit in applying this constitutional norm by the Federal Supreme Court using the methodology of public law and legal theory. Indeed, the constitutional provision is broad, and its interpretation can lead to different solutions in a specific case. There are three main issues of legal interest discussed here. First, there is a delicate balance of protecting the environment against private property and economic activity, which the latter also being assured by the constitution. The point is particularly acute in Argentina, whose economy strongly depends on the primary sector. Second, there are tensions between the political branches (legislative/executive) and the judiciary. Environmental standards established by the judiciary are usually higher than those decided by the legislative branch. However, giving the judges the possibility to determine those standards in the absence of any previous legal norm (or even, sometimes, against that norm) could be a source of legal uncertainty. Finally, due to the federal nature of the Argentinian political system, the distribution of legislative and jurisdictional powers between the federal and local governments is disputed. In this equation, leaning towards the federal government may favor more homogeneity in environmental standards, which would simultaneously reduce local autonomy. This paper shows that the Supreme Court tries to balance different constitutional values in resolving these tensions. The difficulty of finding an adequate constitutional balance is usually added to the legal and factual complexity of environmental issues, and the result is not always completely satisfactory. KEYWORDS: Argentina, Environmental Protection, Supreme Court Case Law.

Page 1 of 1 | Total Record : 6

 1 

Filter by Year

2022 2022


Reset
Filter By Issues
All Issue Vol 10 No 2 (2023): In Progress Vol 10 No 1 (2023): Human Rights in Indonesia and Beyond Vol 9 No 3 (2022): LENTERA HUKUM Vol 9 No 2 (2022): LENTERA HUKUM Vol 9 No 1 (2022): LENTERA HUKUM Vol 8 No 3 (2021): LENTERA HUKUM Vol 8 No 2 (2021): LENTERA HUKUM Vol 8 No 1 (2021): LENTERA HUKUM Vol 7 No 3 (2020): LENTERA HUKUM Vol 7 No 2 (2020): LENTERA HUKUM Vol 7 No 1 (2020): LENTERA HUKUM Vol 6 No 3 (2019): LENTERA HUKUM Vol 6 No 2 (2019): LENTERA HUKUM Vol 6 No 1 (2019): LENTERA HUKUM Vol 5 No 3 (2018): LENTERA HUKUM Vol 5 No 2 (2018): LENTERA HUKUM Vol 5 No 1 (2018): LENTERA HUKUM Vol 4 No 3 (2017): LENTERA HUKUM Vol 4 No 2 (2017): LENTERA HUKUM Vol 4 No 1 (2017): LENTERA HUKUM Vol 3 No 3 (2016): December 2016 Vol 3 No 1 (2016): April 2016 Vol 3 No 3 (2016): LENTERA HUKUM Vol 3 No 2 (2016): LENTERA HUKUM Vol 3 No 1 (2016): LENTERA HUKUM Vol 2 No 3 (2015): LENTERA HUKUM Vol 2 No 2 (2015): LENTERA HUKUM Vol 2 No 1 (2015): LENTERA HUKUM Vol 1 No 2 (2014): LENTERA HUKUM Vol 1 No 1 (2014): LENTERA HUKUM Vol 1, No 1 (2014) More Issue