Garuda - Garba Rujukan Digital

p-Index From 2020 - 2025

1.235

P-Index

This Author published in this journals

All Journal Jurnal Konstitusi Constitutional Review Jurnal Yudisial DIVERSI : Jurnal Hukum JURNAL ILMIAH ADVOKASI Cendekia : Jurnal Pengabdian Masyarakat Jurnal Konstitusi

Iskandar Muda

Magister Kenotariatan Fakultas Hukum Universitas YARSI.

Author-ID : 2491996

Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 14 Documents Claim Missing Document

Claim Missing Document

Articles

Title

Konstitusionalitas Mengenai Kekuasaan Negara dalam Kegiatan Penanaman Modal (Analisis Putusan MK No. 21- 22/PUU-V/2007) Iskandar Muda
Jurnal Konstitusi Vol 8, No 6 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

What it means by “under state control” on article 33 point (2) and (3) of UUD 1945, should not be interpreted that the state will control totally the entire economic activities that serve the public basic; the state is not a company refers to democratic economy of Indonesia which hinder monopoly on business by any state or etatism (state monopoly). The precise understanding of “under state control“ is state responsibility to manage and drive the economy regulation correctly.

Pro-Kontra dan Prospektif Kewenangan Uji Konstitusionalitas Perpu Iskandar Muda
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

Pros and cons of the authority to deal with judicial constitutionality review of Government Regulation in Lieu of Law (Perpu) either from fellow judges of the Constitutional Court (MK) or from the world of legal science is acceptable. The pros and cons is not due to the differences in interests between them, but it is caused by the differences in schools or schools of thought and interpretation methodologies adopted. The authority of the Constitutional Court to review the constitutionality of Perpu is in line with the philosophy of Judicial Activism (the concept of active understanding) which is identical to the "Statue of the Goddess of Justice" whose eyes are not closed in order to be able to watch and absorb the "sense of social justice", to incorporate the living legal values in the society, respond to the demand and aspiration of the people and, furthermore, to create “the thinking judges” which make their decisions responsive. However, the authority of the Court to review the constitutionality of the Perpu might cause “broader impacts” in the future which means that the impact will not be only on the constitutionality review of the Perpu but also on the other decisions of Constitutional Court.

Logika Hukum Putusan Mahkamah Konstitusi Terkait Uji Konstitusional Undang-Undang Jabatan Notaris Iskandar Muda
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

Settlement of the problem of testing the law in the Constitutional Court (constitutional review) is also needed to find out the logic of the law and its relationship. If two statements are displayed simultaneously it will give rise to what by logic is called “logic relationship.” In the settlement of the six cases of constitutional review of the law on the Position of Notary Public (Law No. 30 Year 2004) and its Amendments (Law No. 2 Year 2014) revealed the use of various kinds of legal logic in legal considerations (ratio decidendi) of the Court. This research is a legal research using normative approach. The results showed that: (i) Constitutional Court Decision No. 009-014/PUU-III/2005 uses the legal logic of “equivalence relations,” (ii) Constitutional Court Decision No. 52/PUU-VIII/2010 uses the legal logic of “independent relationship,” (iii) Constitutional Court Decision No. 49/PUU-X/2012 uses the legal logic of “contradictory relationship,” (iv) Constitutional Court Decision No. 72/PUU-XII/2014 uses the legal logic of “independent relationship,” (v) Constitutional Court Decision No. 43/PUU-XV/2017 uses the legal logic of “independent relationship,” and (vi) in Constitutional Court Decision No. 22/PUU-XVII/2019 uses the legal logic of “contradictory relationship.”

Co-Authors Frengki Hardian Mohammad Ryan Bakry Sulhan Sulhan Taufik Hidayat

Title Search

Found 3 Documents Search Journal : Jurnal Konstitusi

Abstract

Abstract

Abstract

Title

Found 3 Documents
Search
Journal : Jurnal Konstitusi