International Journal of Law and Constitution Study

CORRUPTION AS A VIOLATION OF HUMAN RIGHTS AND ITS IMPACT ON SOCIAL JUSTICE

2026-06-17T12:50:15+00:00

Corruption is a form of extraordinary crime that not only harms the state's finances, but also has a direct impact on the fulfillment of Human Rights (HAM) and the realization of social justice in society. Corrupt practices cause hampered welfare distribution, weakened public services, increased poverty, and social inequality which ultimately hinders the achievement of state goals as mandated in the 1945 Constitution of the Republic of Indonesia. This study aims to analyze corruption as a form of human rights violation, especially against economic, social, and cultural rights, and examine its impact on social justice in Indonesia. This study uses a normative juridical method with a legislative, conceptual, and human rights approach. The results of the study show that corruption not only violates the principles of good governance, but also hinders the fulfillment of people's rights to education, health, work, a healthy environment, and the right to social welfare. In addition, corruption widens social and economic disparities, resulting in injustice in the distribution of state resources. Therefore, the eradication of corruption must be seen as part of efforts to protect human rights and realize social justice for all Indonesian people.

COMPARISON OF ENVIRONMENTAL LAW ENFORCEMENT SYSTEMS IN DEVELOPING AND DEVELOPED COUNTRIES

2025-11-02T17:22:37+00:00

Environmental law enforcement is one of the most crucial instruments in global ecosystem protection, yet its implementation reveals a highly significant gap between developing and developed countries. This study aims to comparatively analyze the effectiveness of environmental law enforcement systems in both groups of countries, focusing on four key dimensions: the effectiveness of environmental regulations, the institutional capacity of enforcement agencies, the application of sanctions for violations, and the level of public participation and environmental awareness. The approach employed is normative juridical and comparative, with case study analyses from representative countries including Indonesia, India, and Brazil as developing countries, and Germany, the United States, and Sweden as developed countries. Data were collected through an in-depth literature review of legislation, reports from international institutions such as UNEP, the World Bank, and the OECD, as well as academic research published between 2020 and 2025. The findings indicate that developed countries hold a substantially comparative advantage in terms of comprehensive regulatory frameworks, the technical and financial capacity of enforcement agencies, and firm sanction mechanisms that can be consistently implemented. Conversely, developing countries face layered challenges encompassing regulatory fragmentation, limited enforcement agency resources, structural corruption, and low legal awareness among the public. Nevertheless, this study also identifies a number of policy innovations and best practices from developing countries that are worthy of global adaptation. The study concludes that the effectiveness of environmental law enforcement is not solely determined by a country's economic wealth, but rather by political commitment, institutional governance, and the active participation of civil society.

CORRUPTION AS A VIOLATION OF HUMAN RIGHTS AND ITS IMPACT ON SOCIAL JUSTICE

2026-06-17T05:08:49+00:00

Corruption is an extraordinary crime that not only harms state finances but also impacts the fulfillment of basic human rights. Corrupt practices have the potential to hinder public access to education, health, social welfare, and development, and therefore can be categorized as a form of human rights violation. This study aims to analyze corruption as a human rights violation, examine the impact of corruption on social justice in society, and identify efforts to enforce the law and protect human rights in eradicating corruption in Indonesia. The research method used is normative legal research with a legislative approach and a conceptual approach. Data were obtained through a literature review sourced from laws and regulations, books, scientific journals, and relevant literature. The results of the study indicate that corruption is closely related to human rights violations because it reduces the state's ability to fulfill the social and economic rights of the community. In addition, corruption has a negative impact on social justice through increasing social inequality, declining the quality of public services, hampering development, and reducing public trust in the government. Corruption eradication efforts must be carried out through firm and effective law enforcement while upholding human rights principles, such as due process of law, the presumption of innocence, protection of witnesses and whistleblowers, and the prohibition on abuse of authority. Therefore, law enforcement and human rights protection must be balanced to achieve social justice, legal certainty, and clean and integrated governance.

CLIMATE LITIGATION AS AN INSTRUMENT OF CONTEMPORARY ENVIRONMENTAL LAW ENFORCEMENT

2026-05-10T06:14:45+00:00

Climate change has emerged as one of the most urgent global challenges, generating profound environmental degradation, economic disruption, and social vulnerability across nations. The increasing frequency of extreme weather events, rising global temperatures, biodiversity loss, and ecological imbalance demonstrate that conventional regulatory approaches have often been insufficient in ensuring effective environmental protection. In this context, climate litigation has developed as a contemporary legal mechanism capable of strengthening environmental law enforcement by promoting accountability among states, corporations, and other actors whose activities significantly contribute to climate change. This study aims to analyse climate litigation as an instrument of contemporary environmental law enforcement and to examine its contribution to climate accountability, environmental justice, and sustainable governance. This research employs a normative juridical method using statutory, conceptual, and comparative case approaches by examining international environmental legal instruments, national legal frameworks, and landmark climate litigation cases in several jurisdictions. The findings indicate that climate litigation has transformed environmental law enforcement by expanding access to justice, reinforcing constitutional environmental rights, and compelling public and private institutions to adopt more concrete climate mitigation and adaptation measures. Furthermore, climate litigation has encouraged the progressive development of legal principles such as intergenerational equity, the precautionary principle, and the polluter pays principle in judicial reasoning. This study concludes that climate litigation serves not merely as a dispute resolution mechanism, but as a strategic legal instrument in advancing environmental governance, strengthening legal accountability, and supporting global efforts toward climate justice in the contemporary legal order.

PUBLIC PARTICIPATION AND THE ROLE OF CIVIL SOCIETY IN THE ERADICATION OF CORRUPTION

2026-06-17T08:47:01+00:00

Corruption is a serious problem that hinders development and undermines public trust in government. Therefore, efforts to combat corruption are not only the responsibility of law enforcement agencies but also require active participation from the public. This study aims to analyze the importance of public participation and the role of civil society in combating corruption. The method used is a qualitative approach through literature review of relevant sources. The results show that public participation, such as reporting suspected corruption, monitoring public policies, and engaging in anti-corruption movements, plays a significant role in promoting transparency and accountability. In addition, civil society, through non-governmental organizations, acts as an independent watchdog, policy advocate, and public educator. Thus, synergy between the government, the public, and civil society organizations is essential in creating a clean and corruption-free system.

THE RESPONSIBILITY OF MULTINATIONAL CORPORATIONS IN TRANSNATIONAL HUMAN RIGHTS VIOLATIONS

2026-06-18T00:59:38+00:00

The development of globalization has driven the increase in multinational corporate activities operating across countries and playing a significant role in global economic growth. However, in addition to providing economic benefits, the activities of multinational corporations also have the potential to cause various human rights violations, such as labor exploitation, the use of child labor, the deprivation of indigenous people's rights, environmental pollution, and violations of health and safety rights. This research aims to analyze the responsibility of multinational corporations in transnational human rights violations, examine the effectiveness of legal instruments regulating corporate accountability, and identify the obstacles faced by victims in obtaining justice. This research uses normative legal research methods with a legislative approach and a conceptual approach. The data used are secondary data obtained thru library research on various regulations, doctrines, and relevant literature. The research results show that the transnational character of multinational corporations causes complexity in determining legal responsibility because it involves various jurisdictions, parent companies, subsidiaries, and global supply chains. Moreover, international instruments regulating corporate responsibility are still dominated by provisions of a soft law nature, making their effectiveness highly dependent on the commitment of companies and state policies. Therefore, there is a need to strengthen national and international regulations, implement human rights due diligence, and enhance inter-state cooperation to ensure the protection of human rights and the accountability of multinational corporations in global business activities.

PROTECTION OF WITNESSES AND VICTIMS IN THE PROCESS OF PROVIDING EVIDENCE IN COURT

2026-06-18T12:14:54+00:00

Witness and victim protection is a fundamental aspect of the modern criminal justice system, serving to ensure justice, truth, and legal certainty. This study uses a normative juridical approach to analyze the forms of legal protection, obstacles to its implementation, and efforts to optimize it within the context of the Indonesian criminal justice system. The study found that witness and victim protection is regulated through various legal instruments, including Law Number 31 of 2014, the Criminal Procedure Code (KUHAP), and the Regulation concerning the Witness and Victim Protection Agency (LPSK). These forms of protection include physical, psychological, and socioeconomic protection. However, its implementation still faces structural, procedural, and implementation barriers. The study concludes that optimizing protection requires harmonization of laws and regulations, increased capacity of implementing agencies, and strengthened commitment from all stakeholders. These efforts are crucial for creating a justice system that is responsive to the fundamental rights of witnesses and victims, while simultaneously increasing the effectiveness of law enforcement in Indonesia.

AUTONOMOUS WEAPONS SYSTEMS AND NORMATIVE GAPS IN INTERNATIONAL HUMANITARIAN LAW

2026-06-15T05:35:01+00:00

The development of military technology has given rise to Autonomous Weapons Systems, or autonomous weapons systems capable of identifying and attacking targets without human intervention. The presence of this technology has sparked serious debate in International Humanitarian Law. This study aims to analyze the gaps in norms in existing international regulations regarding the operationalization of these weapons systems. Using normative legal research methods with statutory and conceptual approaches, this study examines the application of fundamental principles of International Humanitarian Law such as distinction, proportionality, and military necessity. The results show that the autonomous nature of this technology creates legal gaps, particularly in determining criminal accountability when violations of the laws of war occur. Current positive law is unable to address the complexity of decision-making by artificial intelligence-based machines. Therefore, this study concludes that there is a need for the creation of new, binding international legal instruments specifically to regulate, limit, or prohibit certain categories of autonomous weapons systems in order to maintain meaningful human control in warfare.

GLOBAL WATER CRISIS AND CROSS-BORDER CONFLICTS FROM AN INTERNATIONAL LEGAL PERSPECTIVE

2026-06-19T04:33:19+00:00

The global water crisis has become one of the most serious challenges in 21st-century international relations. Population growth, climate change, urbanization, environmental pollution, and unsustainable exploitation of water resources have increased pressure on clean water availability in various regions of the world. This condition triggers the potential for cross-border conflicts, especially in rivers, lakes, and aquifers shared by two or more countries. This study aims to analyze the global water crisis and its implications for cross-border conflicts from an international legal perspective. The method used is normative legal research with an approach of international legislation, international legal principles, and relevant literature studies. The results show that international law has provided various instruments to regulate the use of transboundary water resources, including the principle of equitable and reasonable utilization, the obligation to not cause significant harm, and the obligation of cooperation between countries. However, the implementation of these principles still faces various obstacles, such as differences in national interests, imbalances in political power, and weak international law enforcement mechanisms. Therefore, it is necessary to strengthen international cooperation, enhance water diplomacy, and develop effective dispute resolution mechanisms to ensure sustainable, equitable water resource management and prevent future conflicts.

THE RIGHTS OF THE SUSPECTS IN THE EVIDENCE SYSTEM: AN ANALYSIS OF THE FAIR TRIAL PRINCIPLE

2026-06-21T17:08:33+00:00

This study aims to analyze the regulation of suspects' rights in the evidentiary system according to Indonesian criminal procedure law, the application of the principle of fair trial in fulfilling these rights, and various obstacles and efforts in implementing it. The method used in this study is normative legal research with a statutory and conceptual approach based on the analyzed paper material. The results of the study indicate that the regulation of suspects' rights has been comprehensively accommodated in various national regulations such as the Criminal Procedure Code, the 1945 Constitution of the Republic of Indonesia, the Human Rights Law, and international instruments such as the ratified ICCPR. These rights include the presumption of innocence, the right to provide information freely without pressure, the right to legal assistance, and the right to present witnesses and mitigating evidence (a de charge). However, in practice, the implementation of the principle of fair trial still faces several crucial obstacles. These obstacles include the widespread practice of coercing confessions by law enforcement officers through intimidation or physical or psychological violence, limited access to legal aid by underprivileged communities and those in remote areas, low legal understanding of their rights when facing criminal proceedings, and acts of abuse of power during the investigation stage, such as arrests or detentions that do not comply with procedures. To overcome these obstacles, strategic and sustainable efforts are needed, including strengthening oversight mechanisms for law enforcement officers both internally and externally to enforce accountability, as well as optimizing the provision of legal aid through equitable distribution of advocates and expanding the budget for legal aid guarantees by the state. Strengthening the integration of a legal culture that respects human rights is crucial to realizing fair, transparent, and objective criminal justice in Indonesia