Article Per Year (5 Year)
p-Index From 2020 - 2025
0
P-Index
This Author published in this journals
All Journal Jurnal Konstitusi Jurnal Konstitusi
Titis Anindyajati
Peneliti pada Pusat Penelitian dan Pengkajian Perkara, Pengelolaan Teknologi Informasi Komunikasi Mahkamah Konstitusi Republik Indonesia Jl. Medan Merdeka Barat No.6 Jakarta
Humanities Law, Crime, Criminology & Criminal Justice Other

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Konstitusionalitas Norma Sanksi Pidana sebagai Ultimum Remedium dalam Pembentukan Perundang-undangan Titis Anindyajati; Irfan Nur Rachman; Anak Agung Dian Onita
Jurnal Konstitusi Vol 12, No 4 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (396.035 KB) | DOI: 10.31078/jk12410

Abstract

Intentionally, criminal sanction was seen as an effective solution for the problem of crimes. On the other hand, criminal sanctions also pose as an implementation of state responsibility in maintaining public security, order and legal protection of its citizens. In the development of Indonesian legal system, most of the laws enacted by the state have included criminal sanction in its substance. Therefore, there is a shift in the political law (legal policy) regarding the application of criminal sanctions, which intentionally pose as a last resort (ultimum remedium) has shifted towards first resort (primum remedium). The inclusion of criminal sanctions in the legislation as primum remedium might result on the violation of the constitutional rights of Indonesian citizens. In addition, there is an emergence of numbers in applications  of judicial review on the laws regarding the criminal sanctions issues. This research focuses to examine and determine about the position of criminal sanction norms in the law and about the deliberation and reasoning of the Constitutional Court in reconstructing the structure of criminal sanctions in law from primum remedium toward ultimum remedium. The research showed that most of the laws enacted from 2003 through 2014 have adapted the norms of criminal sanctions as primum remedium. This can be seen in the construction of the criminal forfeiture clause, where in the contrary, the concept of punishment states that criminal sanctions should be positioned as ultimum remedium. In the meantime, the Constitutional Court as the protector of citizens’ constitutional rights and protection of human rights  has  a very important role in  restoring the  position of  criminal  sanctions  as ultimum remedium. This, by example, was set forth in the Constitutional Court decision 4/PUU-V/2007 on June 19, 2007 regarding the review of Law No.29/2004 on the Medical Practices.
Perspektif Konstitusional Kedudukan Negara dan Swasta dalam Pengelolaan Sumber Daya Air Menurut UUD 1945 Helmi Kasim; Titis Anindyajati
Jurnal Konstitusi Vol 13, No 2 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (436.147 KB) | DOI: 10.31078/jk13210

Abstract

This research discusses the constitutional perspective of water resources management and its relation to the position of the state and the private sector in the management of water resources. This research examines the decision of the Constitutional Court in the judicial review of Law No. 7 of 2004 on Water Resources. There are two issues discussed in these studies namely (i) what is the constitutional perspective of water resource management and (ii) what is the position of the state and the private sector in water resources management? This research uses normative law research. The results showed that there are two constitutional perspectives in water resources management which are the perspective of control by the state under Article 33 paragraph (3) and the perspective of Human Rights perspective based on Article 28H of the 1945 Constitution. Based on the perspective of control  by the state, management of water resources should be controlled by the state from upstream to downstream. The state should take control of water resources  and establish distribution channels to meet the needs of the citizens on the water. From a human rights perspective, the state is obliged to protect, promote and fulfill the right  to water.  This obligation cannot be left to the private sector especially in water management based on its primary function. Therefore, the overall water management should be done by the state through the State Owned Enterprises or Regional Owned Enterprises. In fact, the monopoly of water management is a policy option that can be taken by the state. On the other hand, the private sector can take a part to commercialize water based on the use of water in its secondary function for industrial use through licensing mechanism. The study concluded that the state has an obligation to meet the citizens’ rights to water in order to meet the needs of a decent life based on primary functions of water. Secondary functions can be operated by private sectors.
Perspektif Konstitusional Kedudukan Negara dan Swasta dalam Pengelolaan Sumber Daya Air Menurut UUD 1945 Helmi Kasim; Titis Anindyajati
Jurnal Konstitusi Vol. 13 No. 2 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (436.147 KB) | DOI: 10.31078/jk13210

Abstract

This research discusses the constitutional perspective of water resources management and its relation to the position of the state and the private sector in the management of water resources. This research examines the decision of the Constitutional Court in the judicial review of Law No. 7 of 2004 on Water Resources. There are two issues discussed in these studies namely (i) what is the constitutional perspective of water resource management and (ii) what is the position of the state and the private sector in water resources management? This research uses normative law research. The results showed that there are two constitutional perspectives in water resources management which are the perspective of control by the state under Article 33 paragraph (3) and the perspective of Human Rights perspective based on Article 28H of the 1945 Constitution. Based on the perspective of control  by the state, management of water resources should be controlled by the state from upstream to downstream. The state should take control of water resources  and establish distribution channels to meet the needs of the citizens on the water. From a human rights perspective, the state is obliged to protect, promote and fulfill the right  to water.  This obligation cannot be left to the private sector especially in water management based on its primary function. Therefore, the overall water management should be done by the state through the State Owned Enterprises or Regional Owned Enterprises. In fact, the monopoly of water management is a policy option that can be taken by the state. On the other hand, the private sector can take a part to commercialize water based on the use of water in its secondary function for industrial use through licensing mechanism. The study concluded that the state has an obligation to meet the citizens’ rights to water in order to meet the needs of a decent life based on primary functions of water. Secondary functions can be operated by private sectors.
Co-Authors Anak Agung Dian Onita Helmi Kasim Irfan Nur Rachman