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All Journal Jurnal Hukum IUS QUIA IUSTUM Jurnal Konstitusi Varia Justicia Jurnal Konstitusi International Journal of Social Science, Education, Communication and Economics
Sri Hastuti Puspitasari
Universitas Islam Indonesia
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Menegakkan Demokrasi dan Konstitusionalitas Pemilihan Umum Kepala Daerah Puspitasari, Sri Hastuti
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (328.979 KB) | DOI: 10.31078/jk%x

Abstract

The Constitutional Court was not born only to maintain and uphold the Constitution, the Constitutional Court will continue to defend democracy was thus born. Because of the elections is now entered the realm of the general election regime, constitutionally, the authority of the Constitutional Court to resolve election disputes are the results in the paragraph of article 24C sub section (1) the 1945 Constitution of the State of the Republic of Indonesia. Only then the legitimacy of the formal authority of the Constitutional Court explicitly mentioned in the general election dispute referred to in article 236C of the law number 12 year 2008, concerning the amandment of law number 32 of 2004. In the settlement of the election dispute General, the Court not is based only on the results of the calculation of quantitative of the number of votes have been counted, but the Court made a breakthrough that the calculations which, if it is that there is a difference in the calculation of the noise exposure of the door to manipulation that is structural systematic and massive, then the role of democratization and the Court to defend the constitutionality of the general election that is an essential step to bring into the substantive  justice
Menegakkan Demokrasi dan Konstitusionalitas Pemilihan Umum Kepala Daerah Sri Hastuti Puspitasari
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (328.979 KB) | DOI: 10.31078/jk836

Abstract

The Constitutional Court was not born only to maintain and uphold the Constitution, the Constitutional Court will continue to defend democracy was thus born. Because of the elections is now entered the realm of the general election regime, constitutionally, the authority of the Constitutional Court to resolve election disputes are the results in the paragraph of article 24C sub section (1) the 1945 Constitution of the State of the Republic of Indonesia. Only then the legitimacy of the formal authority of the Constitutional Court explicitly mentioned in the general election dispute referred to in article 236C of the law number 12 year 2008, concerning the amandment of law number 32 of 2004. In the settlement of the election dispute General, the Court not is based only on the results of the calculation of quantitative of the number of votes have been counted, but the Court made a breakthrough that the calculations which, if it is that there is a difference in the calculation of the noise exposure of the door to manipulation that is structural systematic and massive, then the role of democratization and the Court to defend the constitutionality of the general election that is an essential step to bring into the substantive  justice
Refleksi Peran Mahkamah Konstitusi Dalam Penyelesaian Sengketa Pemilihan Umum 2004 Sri Hastuti Puspitasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 15 No. 3 (2008)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol15.iss3.art7

Abstract

The changes of UUD 1945 has an implication on the establishment of Constitution Justice. One of the authorities of the institution whose authority is in the same line with Supreme Court is the dispute settlement of General Election results. The role played by Constitution Justice, once it solved the dispute of the result of general election in 2004, proved that the principals of court justice have been implemented in order to keep the democracy and to establish the constitution.
Reflection on the Role of Constitutional Court in Resolving 2004 General Election Dispute Sri Hastuti Puspitasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 15 No. 3 (2008): English Version
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The amendment of UUD 1945 implicates on the establishment of Constitutional Court. One of the authorities of the institution whose authority is equal to Supreme Court is to resolve the dispute of general election. The success of Constitutional Court in resolving the 2004 general election dispute proved that the principles of court justice have been implemented in order to keep democracy and to establish the constitution.Keywords: the role of constitutional Court, Election Dispute Resolution
Urgensi Independensi Dan Restrukturisasi Kekuasaan Kehakiman Di Indonesia Sri Hastuti Puspitasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 14 No. 1 (2007)
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Judicature as a point spear  of law enforcement and justice must be independent. The indendency  has to be guaranteed  by Constitution. However, the rules which stipulate on the constitution has to be formulated clearly in  order to achieve certainty. Besides that, independency has to be supported by institutions. The raise of Judicial Commission will triggers the independency of judicature institutions. Furthermore, when in society it raised judicature institutions outside the conventional judicature, it needs a restruction of the institutions in order to structure of the institution which has the highes institution on the  Supreme Court.
Penyelesaian Sengketa Kewenangan Konstitusional Lembaga Negara sebagai Salah Satu Kewenangan Mahkamah Konstitusi Sri Hastuti Puspitasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 3: Juli 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss3.art4

Abstract

The problem formulations of this research are: first, how is the structure of state institutions in Indonesian constitutional system according to the 1945 Constitution of Indonesian Republic? Second, what are the issues in dealing with the conflicts related to state institutions’ authority in Constitutional Court of Indonesian Republic? This research is aimed at: first, analyzing the structure of state institutions in Indonesian constitutional system according to the 1945 Constitution of Indonesian Republic. Second, analyzing and identifying the issues in dealing with any conflicts related to state institutions’ authority in Constitutional Court of Indonesian Republic. This research was a normative legal research. The data analysis was done by using descriptive-qualitative approach. The findings show that: first, the structure of state institutions in Indonesian constitutional system after the amendment of the 1945 Constitution of Indonesian Republic has equal positions since the position of MPR (People’s Consultative Assembly) as the highest state institution has been abolished. After the amendment of the 1945 Constitution, Indonesian constitutional system no longer upholds the teaching of distribution of power, but separation of power. Second, the issues in dealing with the conflicts related to state institutions’ authority in Constitutional Court are the fact that there are differences in each decisions in SKLN, i.e. Decision No. 068/SKLN-III/2004, Constitutional Court Rejects the Petitions of Petitioners. Decision No. 3/SKLN-X/2012, Constitutional Court Grants. And Decision No. 2/SKLN-X/2012 Constitutional Court states Not Granted.
Pengalaman Indonesia Menuju Demokrasi Beberapa Catalan Atas Pemilihan Umum Pada Masa Orde Lama, Orde Baru Dan Pasca Orde Baru Sri Hastuti Puspitasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 12 No. 28: Januari 2005
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol12.iss28.art4

Abstract

General election iso ne of indicators where the pillar of democracy is conducted, it is also the implementation of human rigth, particularly, political right. In more general context, generalelection is an implementation of people's souvereignty, particularly in the perspective of representative democracy. Public participation can be used as a legal test for the implementation ofpeoples's souvereignty principle. It is assumed if public participation increases, this can reflect people's souvereignty. It also reflect the positive response to the use of people political right.
Paradigma Hubungan antara Kekuasaan Negara dan Perlindungan HAM Di Indonesia Sri Hastuti Puspitasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 10 No. 23: Mei 2003
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol10.iss23.art6

Abstract

In fact, the existence of changes on the rules of Human Right at constitution 1945 get a proper moment because, at that time, Indonesia have fundamental changes from the authotarian regime to democratic regime andin general, the states In being fundamental changes in their state life is followed by the constitutional changes. But the changes of the constitution would be meaningful if it is followed by the commitment all parties in enforcing the Human Right, and the beginning is on the legislative organ who has responsible to respond the problem of Human Right by creating legal instrument for Human Right protection.
Komnas HAM Indonesia Kedudukan dan Perannya dalam Struktur Ketatanegaraan Indonesia Sri Hastuti Puspitasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 9 No. 21: September 2002
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol9.iss21.art8

Abstract

The need about indenpendency of National Commission for Human Rights is crucial. If wesee how ever the existence of National Commission fo Human Rights in Indonesia, the existence of Independency is very apprehensive, both juridical aspect and non-juridical. There fore, by completing the law regulation which are able to accommodafe the lack of this condition must be put into action immediately. By the expectation, the effortofconstructing the National Commission for Human Rights's task couldbe brought into reality.
Kontektualisasi Pemikiran Machiavelli tentang Kekuasaan-Tujuan Negara Sri Hastuti Puspitasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 8 No. 18: Oktober 2001
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol8.iss18.art3

Abstract

As thinker who lived in renaissance atmosphere Machiavelly had put his empirical perspective into the end ofstate concept. In his book Prince he tended to focus on how to perpetuate power for the substance ofa state ofa kingdom wasthrone ofa king. Today, even though military power has been used to strengthen a state, the idea of dictatorship would have been going to fade up. At this point, theend ofstate should be based upon political ethicsand moral from this day forward.
Co-Authors Harry Setya Nugraha Idul Rishan Mahrus Ali Siti Ruhama Mardhatillah Zayanti Mandasari