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All Journal Jurnal Konstitusi International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Konstitusi
WIDODO EKATJAHJANA
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Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Telaah Kritik Atas Putusan Mahkamah Konstitusi dalam Perkara Perselisihan Hasil Pemilukada Provinsi Jawa Timur Widodo Ekatjahjana
Jurnal Konstitusi Vol 8, No 1 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (475.639 KB) | DOI: 10.31078/jk813

Abstract

Decision of Constitutional Court of Number 41/PHPU.D-VI/2008 is a controversial judicial decison in practices of Constitutional Court in Indonesia. The decison had legal basis of Law of Number 18 of 2008 that against formally with the Constitutions of 1945. Nevertheless, in fact, inconstitutional practice of the court system has taken legitimacy source of convention. It is very important for development of constitutional law enforcement in Indonesia, that the  decision was not only show how the Constitutional Court improves its constitutional authorities to handle disputes of regional head election result in Indonesia, but also that was first time how the Constitutional Court has brought its justice paradigm change toward process of substantial justice and law enforcement.
Telaah Kritik Atas Putusan Mahkamah Konstitusi dalam Perkara Perselisihan Hasil Pemilukada Provinsi Jawa Timur Widodo Ekatjahjana
Jurnal Konstitusi Vol 8, No 1 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (475.639 KB) | DOI: 10.31078/jk813

Abstract

Decision of Constitutional Court of Number 41/PHPU.D-VI/2008 is a controversial judicial decison in practices of Constitutional Court in Indonesia. The decison had legal basis of Law of Number 18 of 2008 that against formally with the Constitutions of 1945. Nevertheless, in fact, inconstitutional practice of the court system has taken legitimacy source of convention. It is very important for development of constitutional law enforcement in Indonesia, that the  decision was not only show how the Constitutional Court improves its constitutional authorities to handle disputes of regional head election result in Indonesia, but also that was first time how the Constitutional Court has brought its justice paradigm change toward process of substantial justice and law enforcement.
DEPORTATION AND PRO JUSTITIA COMPULSORY MECHANISM: THE PREVENTION REMEDY OF ABUSE OF POWER AND HUMAN RIGHTS UPHOLDING I Nyoman Gede Surya Mataram; Widodo Ekatjahjana; I Gede Widhiana Suarda; A’an Efendi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2562

Abstract

One of the sources of Non-Tax State Revenue increasing comes from the Administrative Sanctions of Immigration. The enforcement of the sanction is followed up by the deportation of the foreigners who violate the law in Indonesian territory. The juridical basis for this authority is the attribution regulated in Law Number 6 of 2011 concerning Immigration and its derivatives. In practice, the implementation of Article 75 of Immigration Regulation is disrupted which has resulted the human rights protection is not accommodated as stipulated in Article 9 of Declaration of Human Rights and also Article 34 Law Number 39 of 1999. This cannot be allowed in the name of the Principle of Legal Certainty, Transitional Justice, and Global Justice. The result must refer to the declaration agreed upon at United Nations, in which Article 34 stipulates that “every person shall not be exiled or disposed arbitrarily”. This article is an arrangement in Article 9 of the Universal Declaration of Human Rights. Thus, this article must be added to the legal substance regarding the obligation to have a judge’s verdict with permanent legal force from the court in Indonesia against the foreigners who violate the Law. This commitment must also be applied in all legislative products stipulated by the government as the legislator. This includes all legal regulations in Immigration.
Co-Authors A’an Efendi I Gede Widhiana Suarda I Nyoman Gede Surya Mataram