Vol. 5 No. 1 (2025): JURNAL KAJIAN KONSTITUSI

ISSN : 2962 - 3707   |   Indexing: SINTA 4   |   DOI : 10.19184/j.kk by 
This edition features eight articles examining issues within constitutional studies. A common thread runs through them: constitutional norms are already in place, yet their implementation in judicial decisions, derivative regulations, and institutional practice remains inconsistent.
Puteri examines the extent to which the Constitution and the Constitutional Court interpret the principle of sustainability within the framework of a green constitution. The study finds that the principle is reflected in Articles 28H(1), 33(3), and 33(4) of the 1945 Constitution, as well as in several Constitutional Court rulings, yet it is not fully aligned with implementing regulations such as the Job Creation Law. Purba et al. offer a similar critical stance, highlighting lawmakers' failure to follow up on non-self-implementing Constitutional Court rulings as ordered, and even interpreting them differently. Drawing on comparisons with Germany and South Korea, they argue that lawmakers should comply with the legal considerations and operative parts of the rulings, and that the Court should explicitly set time limits or delayed enforcement dates.
A third article, by Dairani and Fadlail, revisits the discourse on amending the 1945 Constitution. They argue that presidential term limits are the primary mechanism for safeguarding democracy, while the presidential system must be strengthened through institutional reform that guarantees the separation of powers and effective checks and balances. From a theoretical perspective, Rahman and Amir trace the thought of contemporary Islamic scholars, including Rachid Ghannouchi, Ahmad Raysuni, and Nurcholish Madjid, concluding that democracy can be compatible with the principles of shura and siyasah shar'iyyah in building a just and balanced nation-state.
We have four more articles to explore. Annafi et al. analyze the implications of the change in status of state universities to legal-entity state universities (PTN-BH) for regional taxation, finding that PTN-BH may become taxpayers for certain types of taxes, which necessitates coordination among relevant agencies. Rifan et al. turn to decentralization in Aceh, showing that Aceh Qanun Number 9 of 2012 is "disconnected" from the national development planning system and therefore requires re-harmonization through the 2025-2045 Aceh Long-Term Development Plan.
Meanwhile, Baso et al. question the absence of passing off regulation in Indonesian trademark law, which protects only registered marks, and conclude that passing off is not appropriate for adoption due to differences between legal systems. Finally, Emha et al. highlight the legal gap in providing houses of worship in residential housing, which under Law Number 1 of 2011, as amended by Law Number 6 of 2023, constitutes part of housing facilities; criminal sanctions are to be treated as ultimum remedium, with disputes first resolved through deliberation.
We hope this edition will enrich scholarly discourse and provide valuable perspectives for academics, practitioners, and policymakers alike.