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All Journal Jurnal Konstitusi Constitutional Review Jurnal Konstitusi
Bisariyadi Bisariyadi
The Constitutional Court of the Republic of Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Referencing International Human Rights Law In Indonesian Constitutional Adjudication Bisariyadi Bisariyadi
Constitutional Review Vol 4, No 2 (2018)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (271.326 KB) | DOI: 10.31078/consrev424

Abstract

The power of the Indonesian Constitutional Court to review laws is a constitutional adjudication process. It is a forum to resolve constitutional issues where a citizen can challenge Law that has injured his rights. The Court's reasoning provides audiences with the debates for its deliberation. Audiences may find reference to the international human rights law. It is an interesting practice. However, there is no studies yet about the information on the statistic of the Court made reference to international human rights law. As such, this study aims to identify reference to international human rights law in the Court's decision on judicial review cases from 2003 to 2016. Additionally, this study also aims to answer the question of what underlies the Court to made reference to international human rights law. As many studies show, the objective of Constitutional Court's references to the international human rights law is to strengthen constitutional rights protection. Nonetheless, the Court did not pay any interests to the global agenda of transnational constitutionalism or a convergence of rights and legal pluralism. The article is divided into 5 (five) sections, commencing with the introduction. The second part discusses the status of international human rights law in Indonesia. As the third presents information on Court's decision which cited international human rights law. Then, the fourth presents typical function of the decision that made reference to international human rights law. It concluded that the practice of referring to international law demonstrates the open attitude of Indonesian constitutional justices to the universal nature of fundamental rights.
Penataan Pemilihan Kepala Desa dalam Sistem Ketatanegaraan di Indonesia Mohamad Mova Al'afghani; Bisariyadi Bisariyadi
Jurnal Konstitusi Vol 19, No 2 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (367.28 KB) | DOI: 10.31078/jk1929

Abstract

The current political and legal configuration of the village head election organizing institution is not yet in accordance with election governance with integrity. This happens because the institutional structure is not well ordered. This research examines the problem of legal regulation of the structure of the village head election institution, and looks for the ideal framework for the organization to organize the village head election in the future. The research method used is normative and doctrinal legal research method which is carried out by analyzing positive legal norms. Data collection techniques are carried out by reviewing applicable laws and regulations, books and other literature. The results showed that the legal arrangements for village head election organizers through related regulations led to many institutional structures for village head elections so that the funding for village head elections would be expensive. The idea of an ideal framework for an organizing institution for village head elections in the future can be done by shifting the model of the village head election organizing institution from a government model to an independent model. The application of this model can be done through a legislative or executive review of regulations related to village head elections, and at least including the KPU as the organizing agency for village head elections.
Penataan Pemilihan Kepala Desa dalam Sistem Ketatanegaraan di Indonesia Mohamad Mova Al'afghani; Bisariyadi Bisariyadi
Jurnal Konstitusi Vol. 19 No. 2 (2022)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1929

Abstract

The current political and legal configuration of the village head election organizing institution is not yet in accordance with election governance with integrity. This happens because the institutional structure is not well ordered. This research examines the problem of legal regulation of the structure of the village head election institution, and looks for the ideal framework for the organization to organize the village head election in the future. The research method used is normative and doctrinal legal research method which is carried out by analyzing positive legal norms. Data collection techniques are carried out by reviewing applicable laws and regulations, books and other literature. The results showed that the legal arrangements for village head election organizers through related regulations led to many institutional structures for village head elections so that the funding for village head elections would be expensive. The idea of an ideal framework for an organizing institution for village head elections in the future can be done by shifting the model of the village head election organizing institution from a government model to an independent model. The application of this model can be done through a legislative or executive review of regulations related to village head elections, and at least including the KPU as the organizing agency for village head elections.
Co-Authors Mohamad Mova Al'afghani