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Mira Fajriyah, Mira
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Humanities Law, Crime, Criminology & Criminal Justice Other

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Refraksi Yuridis Penetapan Program Legislasi Nasional di DPR RI Fajriyah, Mira
Jurnal Konstitusi Vol 13, No 1 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (505.664 KB) | DOI: 10.31078/jk1313

Abstract

Prolegnas is a law developmental transformation after the amendment of UUD NRI 1945. However, the effectuation of Prolegnas’s decree by DPR RI always shows the less of law reformation level, either on qualitative measure or the quantitative. This research has a focus to arrange a law prescription of juridical refraction on  the effectuation of Prolegnas’s decree by DPR RI. The research explains the peak of trouble of the effectuation of Prolegnas’s decree, consists of low level of consistency and realization, the incompatibility between Prolegnas’s substances and mandated by legislation and the list of draft bill which not based on an academic research. Those are a logical clause of two juridical refraction stages, viz, formal concession and substance concession (prospective  orientation).
Refraksi dan Alinasi Pengangkatan Hakim Konstitusi Fajriyah, Mira
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (469.582 KB) | DOI: 10.31078/jk1223

Abstract

The Justice appointment of The Constitutional Court is an entry point of the independence and impartiality of The Constitutional Court in Indonesia. There is some refraction on the mechanism of the Justice appointment of The Constitutional Court either in the juridical case also in the socio-juridical case. In the juridical  case, there is a substantive regulation flaw as be found in UUD N RI 1945, UU KK dan UU MK. In the socio-juridical case, there is three discourse points to change the mechanism of the Justice appointment of The Constitutional Court. Those discourse points consist of the context of requirement, the ultimate right enforcement of DPR, Presiden and Mahkamah Agung in the Justice appointment of The Constitutional Court which dealing the democratic principle, and the last is about the ideal composition of The Constitutional Court’s Justice based on their political background. Those juridical and socio-juridical cases have to guiding back to the characteristic of The Constitutional Court which will produce the alignment of The Justice appointment of The Constitutional Court. The concept is a juridical alignment that changing the regulation of mechanism of the Justice appointment of The Constitutional Court to fulfill the law hierarchy system and also to accommodate the socio-juridical case substantively and democratically.
Refraksi Yuridis Penetapan Program Legislasi Nasional di DPR RI Fajriyah, Mira
Jurnal Konstitusi Vol 13, No 1 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (505.664 KB) | DOI: 10.31078/jk1313

Abstract

Prolegnas is a law developmental transformation after the amendment of UUD NRI 1945. However, the effectuation of Prolegnas’s decree by DPR RI always shows the less of law reformation level, either on qualitative measure or the quantitative. This research has a focus to arrange a law prescription of juridical refraction on  the effectuation of Prolegnas’s decree by DPR RI. The research explains the peak of trouble of the effectuation of Prolegnas’s decree, consists of low level of consistency and realization, the incompatibility between Prolegnas’s substances and mandated by legislation and the list of draft bill which not based on an academic research. Those are a logical clause of two juridical refraction stages, viz, formal concession and substance concession (prospective  orientation).
Refraksi dan Alinasi Pengangkatan Hakim Konstitusi Fajriyah, Mira
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (469.582 KB) | DOI: 10.31078/jk1223

Abstract

The Justice appointment of The Constitutional Court is an entry point of the independence and impartiality of The Constitutional Court in Indonesia. There is some refraction on the mechanism of the Justice appointment of The Constitutional Court either in the juridical case also in the socio-juridical case. In the juridical  case, there is a substantive regulation flaw as be found in UUD N RI 1945, UU KK dan UU MK. In the socio-juridical case, there is three discourse points to change the mechanism of the Justice appointment of The Constitutional Court. Those discourse points consist of the context of requirement, the ultimate right enforcement of DPR, Presiden and Mahkamah Agung in the Justice appointment of The Constitutional Court which dealing the democratic principle, and the last is about the ideal composition of The Constitutional Court’s Justice based on their political background. Those juridical and socio-juridical cases have to guiding back to the characteristic of The Constitutional Court which will produce the alignment of The Justice appointment of The Constitutional Court. The concept is a juridical alignment that changing the regulation of mechanism of the Justice appointment of The Constitutional Court to fulfill the law hierarchy system and also to accommodate the socio-juridical case substantively and democratically.
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