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Nanik Prasetyoningsih
Fakultas Hukum Universitas Muhammadiyah Yogyakarta
Law, Crime, Criminology & Criminal Justice

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AMANDEMEN KE-5: MENUJU KONSTITUSI BARU DI INDONESIA Nanik Prasetyoningsih
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 17, No 2 (2020): Hukum Dan Dinamika Masyarakat
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (146.859 KB) | DOI: 10.56444/hdm.v17i2.1498

Abstract

This paper presents developments in whether or not the 5th amendment needs to be done. The long experience of changing the constitution of the Indonesian state from 1949 to the most recent amendment in 2002, should make important lessons for making further changes to the constitution. Article 37 of the 1945 Constitution opens opportunities for change, but the rigid nature of the constitution and constitutional principles must be the dependent variable of the change itself. The main changes to the 1945 Constitution, the authors present the chronicle differences in the first calling of the changes to the 1945 Constitution which can be used as a consideration for making second calling. The planning of changing the second calling should have been carried out based on an evaluation and study of whether or not the goal of the first calling change was achieved.
Penyelesaian Sengketa Kewenangan Lembaga Negara Independen di Indonesia Kelik Iswandi; Nanik Prasetyoningsih
SASI Vol 26, No 4 (2020): Volume 26 Nomor 4, Oktober - Desember 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i4.283

Abstract

Competence dispute which involves independent state organs occur several times in Indonesia has an impact on obstruction of competence. Several cases of competence dispute which involve independent state organ have been submitted to the Constitutional Court but not all have been granted. This study aims to examined the concern of competence dispute which involves independent state organ and factors of independent state organ can fulfill the subjectum litis criteria of SKLN in Constitutional Court. The research method is normative by using primary, secondary, and tertiary legal materials, collected from library research. This research analytical data use the statute approach and case approach. The results of this study indicate that the authority of the Constitutional Court does not specifically regulate state institutions that can be subjectum Litis SKLN in the Constitutional Court, there is a gap accommodated by the Constitutional Court in several decisions.
Co-Authors Kelik Iswandi