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All Journal Jurnal Dinamika Hukum JURNAL ILMIAH PENDIDIKAN FISIKA AL BIRUNI Jurnal Konstitusi Hasanuddin Law Review Constitutional Review Jurnal Konstitusi MEDICINUS Jurnal Pembelajaran dan Pengembangan Matematika Media Dermato-Venereologica Indonesiana Proceeding International Conference Of Innovation Science, Technology, Education, Children And Health Proceeding International Conference Of Innovation Science, Technology, Education, Children And Health

Winda Wijayanti

Unknown Affiliation

Author-ID : 417697

Humanities Biochemistry, Genetics & Molecular Biology Computer Science & IT Earth & Planetary Sciences Education Electrical & Electronics Engineering Engineering Health Professions Immunology & microbiology Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Neuroscience Physics Public Health Social Sciences Other

Published : 16 Documents Claim Missing Document

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Dynamics of the Obligation to Register Birth Certificates as a part of the Right to Issuance Population Documents Wijayanti, Winda
Constitutional Review Vol 2, No 2 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

The state is obliged to protect and recognise the legality of a personâs birth. Registration of birth in the form of a birth certificate is proof of oneâs origin issued by the competent authorities. However, in practice, the time limit of one year given for such registration has proven a burden to citizens, such that complaint of constitutional damages has been brought before the Constitutional Court of Indonesia. Population administration is regulated under Act Number 23, Number 23 Year 2006 and amended by Act Number 24, Number 24 Year 2013 in accordance with Constitutional Court Decision 18/PUU-XI/2013. In order to take an active role in the registration of births, the government and local governments have to remove the deadline to report the birth of a child, as stipulated by the district court and as an effort to improve state responsibility. This requires that citizens have the "right to be heard" and, in future, there should be an integrated service from the government for the registration of births.

Tafsir Konstitusional Pelanggaran Pemilukada yang Bersifat Sistematis, Terstruktur dan Masif Ali, M. Mahrus; Rachman, Irfan Nur; Wijayanti, Winda; Putranto, Rio Tri Juli; Anindyajati, Titis; Asih, Putria Gusti
Jurnal Konstitusi Vol 9, No 1 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

The Constitutional Court has created a legal breakthrough in handling the local head election dispute, in order to uphold the democracy and break away from habitual practice of systematic, structured, and massive (STM) violations. The Court does not simply calculate the results of vote count but also have to seek the justice and prosecute results counting rate that were disputed. As the juridical normative research, the research uses a statutory, case, historical approach and the sociology of law. The research shows that throughout 2008-2011 Court has granted the dispute for as many as thirty-two cases. Of that amount of cases, those with the STM violations are as many as 21 (twenty one) cases. Whereas the nature of TSM were divided into two kinds namely cumulative and alternative which both may cancel local head election results. There are three types of local head election violations, first, violation in the process that does not affect the results of the election. Second, the breach in the process that affect the election results, thirdly, violation of the terms of conditions to be a candidate which are principal in nature and can be measured. The systematic, structured and massive violation of the local head general election is violations committed by the structural apparatus, both government officials and election organizers, collectively; not an individual action, well-planned (by design) and the impact of such offencesis extensive rather than sporadic.

Eksistensi Undang-Undang Sebagai Produk Hukum dalam Pemenuhan Keadilan Bagi Rakyat (Analisis Putusan Mahkamah Konstitusi Nomor 50/PUU-X/2012) Wijayanti, Winda
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Legislation in its formation is influenced by the direction of policy. Prolegnas often defeated by political interests, that determination depends on the political direction of the lawmakers that the legislation referred to as a political product. Prolegnas is part of the political establishment and management of legislation that are instrument-building program planning Act arranged in a planned, integrated, and systematic is needed to organize the national legal system. The Law 12/2011 indicates that the substantive content of the law must satisfy the principle of justice and the rule of law. In addition, the preparation of legislation must meet the elements of the rule of law, benefits, and equity in equal proportion. Thus, the Law 2/2012 that was in the National Legislation Program is a legal product that can provide justice for the people.

Implikasi dan Implementasi Putusan Mahkamah Konstitusi Nomor 5/Puu-X/2012 tentang SbI atau RSbI Laksono, Fajar; Wijayanti, Winda; Triningsih, Anna; Mardiya, Nuzul Qur’aini
Jurnal Konstitusi Vol 10, No 4 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Constitutional Court Decision No. 5/PUU-X/2012 is very important and interesting to be studied because due to its implications and implementation. Ministry of Education and Culture as the addressat of the decision make transitional policy regarding on how to eliminate the policy concenring International Standard School/ International-Standard School Pilot Project (SBI/RSBI). In fact, transitional policy is not addressed and does not have a legal basis in the implementation of the decision. There is a conflict between the normative provisions that Constitutional Court Decision are binding since pronounced in an open session for the public with the certainty of cross-state agency collaborative cooperation to implement the Court Decision. Therefore, there’s a need to investigate this Decision at the practical leve on how the decision is implemented. This research is doctrinal in which the object of the research is laws and regulations and other legal materials, in this case, the Constitutional Court Decision No. 5/PUU-X/2012. In addition, field studies are also conducted by way of searching mass media news which is important to be done in order to know the response of the public on how to implement the Constitutional Court Decision No. 5/PUU-X/2012. The results showed that (1) the implications of the Constitutional Court Decision No. 5/PUU-X/2012 is that it eliminates the legal basis of RSBI policy. Consequently , the implementation of SBI/ RSBI should be stopped because it has lost its legal basis since the judgment is pronounced. In addition, the Government through the Ministry of Education and Culture, shall implement the decision, including to repeal or revise the technical regulations that become legal framework of RSBI, (2) The implementation of the Constitutional Court Decision No. 5/PUU-X/2012 can be seen in two categories, namely: (a) spontaneous implementation, which is implementation by some education authorities and the schools themselves by removing the attributes of SBI/RSBI shortly after the Constitutional Court’s decision was pronounced, without waiting for further instruction by Ministry of Education and Culture, and (b) a structured implementation through the Ministry of Education and Culture by issuing Circular of Minister of Education and Culture No. 017/MPK/SE/2013 about RSBI Transition Policy. Although this policy is contrary to normative-imperative provisions, the measure taken by the Ministry of Education and Culture to establish a transition policy is the most probable step taken in order that the Constitutional Court Decision No. 5/PUU-X/2012 can be implemented as it should be.

Kedudukan Istri dalam Pembagian Harta Bersama Akibat Putusnya Perkawinan Karena Perceraian Terkait Kerahasiaan Bank Wijayanti, Winda
Jurnal Konstitusi Vol 10, No 4 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Marriage is something sacred, must be respected, the eternality of which must be protected and conducted jointly between a man and a woman as husband and wife so as to achieve a common goal. However, in reality, lots of marriages end with divorce and is considered as the best way for both partners. When a divorce occurs women is always in a weak position including in the divison of marital property if one party does not have a good faith. Bank as the depository institution maintains the confidentiality of depositors and their deposit which is on the one hand beneficial for depositors since information related to depositors and their deposit can be kept confidential, but on the other hand, it is disadvantageous to interested parties that is a wife who does not know the amount of funds deposited in her husband’s name in a bank which is a marital property of husband and wife acquired during their marriage. Thus, the wife’s constitutional rights to protection of property under his control and property rights in accordance with Article 28G paragraph (1) and Article 28H Paragraph (4) of the 1945 Constitution is not protected. The Constitutional Court as the guardian of the constitution has the authority to examine, try and decide the case of judicial review of Law No. 1 of 1974 on Marriage (Marriage Act) and declare the law conditionally constitutional in the case of bank confidentiality regarding information related to depositors and their deposit to the interests of justice in a civil case concerning the division of maritall property due to divorce.

Transparansi dan Partisipasi Publik dalam Rekrutmen Calon Hakim Konstitusi Wijayanti, Winda; Quraini M, Nuzul; Putri R, Siswantana
Jurnal Konstitusi Vol 12, No 4 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Recruitment is not an arena of “hazing” and the addition of bureaucracy but a forum to explore the nature of integrity, capability, and independence of the candidates for constitutional judges. The process of recruiting candidates for constitutional judges to choose the recruitment system based on the principle of transparency, participatory, objective, and accountability to the people of the early stages and mechanisms of recruitment until the determination of the constitutional judges candidates that can lead to public confidence and form of democracy because of the position of the control and balance between state with people. Thus, the recruitment process needs to be accompanied by a written rule that can evolve as needed to create the best candidates for constitutional judges based recruitment process by filing recruitment agency and SOP (Standard Operational of Procedure). The problem is not on the persons making the recruitment, agency nominate candidates for judge, and the lack of setting the terms of the constitutional judge best candidate, but the choice of constitutional judges are recruited to promote open to the public process. DPR as one of the agency of the state to file a constitutional justice through the recruitment team can choose the right man in the right position through the selection of recruitment mechanism in accordance with the constitutional.

Urgency of the Right to Recognition for Identity’s Belief as A Part of Human Rights Wijayanti, Winda
Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018
Publisher : Hasanuddin University

The right of recognition a belief is one of the basic human rights set forth in the Constitution. Population Administration Act as the executor of the constitutional mandate does not regulate of information column’s ”Belief” in an identity card (KTP-el) or a blank religion is a legal vacuum. Many debates occurred during the discussion and after the enactment of the Population Administration Act that only regulates the administration of population and issues between Religion and Belief as being very sensitive so that discussion of belief is considered not the domain of the Population Administration Act. Then, the absence of public participation in discussion of amendment Population Administration Act as a form of non-recognition of the existence of Believer in regulation. The problem is no rule for public participation in Population Administration Act. In fact, this paper used a normative juridical approach, with qualitative descriptive about debate of the Administration Population Act (DPR) to find out the urgency of the right to recognition for identity’s Belief through KTP-el. The result showed that inclusion of information column’s “Belief” is an entrance (gate) for the state's recognition of the people’s belief and their constitutional rights attached to it. Not only through words, but the recognition of the state through the State Administrators is manifested by legislation and communication (dialogue) between state and its citizens to remove all the existing attributes with equally, parallel, and continuously.

The Role of the Constitutional Court as a Stimulator of the Amendment of Traffic and Road Transport Act Wijayanti, Winda; Putri, Mery Christian; Sabila, Sharfina
Jurnal Dinamika Hukum Vol 21, No 1 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.1.2920

There is a huge increase in the number of road traffic accidents by underage vehicle drivers. They should not be in the highway, therefore it becomes parentâ€™s obligation to watch their activity. However, they often ride vehicles in a highway that may cause road accidents that takes victims. It seems to be an unjust condition for other citizens who have been obedient in using highways. Indonesiaâ€™s Constitutional Court has the judicial review authority and has examined the Act Number 22 Year 2009 concerning Traffic and Road Transport for 13 times, somehow there is only one article that is cancelled by the Court. This Act has been implemented for 11 years and never been revised. The Decision Number 15/PUU-XVIII/2020 denied the applicantâ€™s in challenging the Act but the court is limited as the stimulator of regulation revision that becomes the authority of legislator. This article will analyze the Constitutional Court Decision as the consideration for legislator to provide justice for every road user and elaborate the Court Decision with the existing regulation regarding road traffics to bring benefits for legislation making in the future. The Constitutional Court must have become the stimulator for legislator since the authority is limited.Keywords- stimulator; the amendment of act; the role of the Constitutional Court; traffic and road transport act

Recruitment is not an arena ofÂ â€œhazingâ€Â andÂ theÂ additionÂ ofÂ bureaucracyÂ but a forum to explore the nature of integrity, capability, and independence of the candidates for constitutional judges. The process of recruiting candidates for constitutional judges to choose the recruitment system based on the principle of transparency, participatory, objective, and accountability to the people of the early stages and mechanisms of recruitment until the determination of the constitutional judges candidates that can lead to public confidence and form of democracy because of the position of the control and balance between state with people. Thus, the recruitment process needs to be accompanied by a written rule that can evolve as needed to create the best candidates for constitutional judges based recruitment process by filing recruitment agency and SOP (Standard Operational of Procedure). The problem is not on the persons making the recruitment, agency nominate candidates for judge, and the lack of setting the terms of the constitutional judge best candidate, but the choice of constitutional judges are recruited to promote open to the public process. DPR as one of the agency of the state to file a constitutional justice through the recruitment team can choose the right man in the right position through the selection of recruitment mechanism in accordance with the constitutional.

EKSISTENSI HUKUM PERAWAT SEBAGAI TENAGA KESEHATAN SELAIN TENAGA KEFARMASIAN TERHADAP HAK ATAS PELAYANAN KESEHATAN Winda Wijayanti
Jurnal Dinamika Hukum Vol 13, No 3 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.3.254

Health is one of the human rights guaranteed in Article 28H paragraph (1) of The 1945 Constitution of The Republic of Indonesia that state is responsible to respect, protect, and fulfill its implementation. Health Act is a manifestation of the right to health services to improve public health based on the principles of non-discriminatory, participatory, and sustainable. One of the nurses as health professionals working in remote and difficult to reach in a dilemma in the form of a very limited authority to health personnel, in addition to pharmacy personnel, associated with pharmacy practice set out in Article 108 paragraph (1) of the Health Act and Explanation, while in others there is the threat of the sanction of imprisonment or fines provided for in Article 190 paragraph (1) if the Health Act deliberately did not provide help to patients in emergencies. Constitutional Court has decision that in the Health Act.Keywords: health, health workers, nursing, constitutional court

Co-Authors Ammarilis Murastami Anna Triningsih, Anna Annisa Fildza Hashfi Ervina Rosmarwati Fajar Laksono Irene Ardiani Pramudya Wardhani Irfan Nur Rachman, Irfan Nur Komang Sri Ayu Oktapani M. Mahrus Ali, M. Mahrus Mardiya, Nuzul Qur’aini Nengah Maharta Niluh Wijayanti Nurrachmat Mulianto Nuzul Quraini M, Nuzul Putri, Mery Christian Putria Gusti Asih, Putria Gusti Rio Tri Juli Putranto, Rio Tri Juli Sabila, Sharfina Siswantana Putri R, Siswantana Titis Anindyajati, Titis

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