Article Per Year (5 Year)
p-Index From 2021 - 2026
0.702
P-Index
This Author published in this journals
All Journal Jurnal Konstitusi Jurnal Konstitusi
Catur Alfath Satriya
Hakim Pengadilan Negeri Mandailing Natal
Humanities Law, Crime, Criminology & Criminal Justice Other

Published : 4 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 4 Documents
Search

 1 
Positive Legislature dalam Putusan Mahkamah Konstitusi Mengenai Upaya Hukum Putusan Penundaan Kewajiban Pembayaran Utang Catur Alfath Satriya
Jurnal Konstitusi Vol. 19 No. 4 (2022)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1949

Abstract

Constitutional Court as negative legislature as time goes by has become positive legislature, recently Constitutional Court verdict Number 23/PUU-XIX/2021 regarding Articel 235 examination from Bankruptcy Law and Debt Payment Postponement (PKPU) toward Indonesia’s Constitution (UUD NRI 1945), considered to cause constitutional losses because it does not regulate the existence of legal remedies against the PKPU verdict. This research aims to analyze the Judges consideration (ratio decidendi) of the Constitutional Court’s verdict regarding the legal remedies of PKPU verdict in accordance with the principles of justice and legal certainty and to analyze the enforcement of the Constitutional Court verdict regarding the legal remedies for the PKPU verdict which are positive legislation. This article used normative legal research method. The results of the study show that the progressivity in constructing the legal remedies in PKPU verdict with certain conditions (Conditionally Unconstitutional). The Constitutional Court’s decision which is final and binding in its implementation is not in accordance with the theory. It should be realized that in a decision that is self-executing, it still requires bureaucratic procedures to address the decision so that it can be implemented consistently in accordance with the principle of erga omnes.
Karakteristik Pemakzulan Presiden di Indonesia Catur Alfath Satriya
Jurnal Konstitusi Vol. 19 No. 3 (2022)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1932

Abstract

One of the features of the presidential system is the process of presidential impeachment. Before the amendment, Indonesia did not have a clear mechanism to impeach the president in the middle of his term. The impeachment of the president is determined by a majority vote in the People’s Consultative Assembly. This is a problem because the impeachment of the president only uses a political process, and there is no legal process in it. After the amendment, the presidential impeachment concept was born that in a presidential system, the president cannot be dismissed only through a political process; there must be a legal process before the political process. Based on the analysis, the process of presidential impeachment in Indonesia does not follow the principle of checks and balances. This is because the impeachment process for the president in Indonesia does not involve the second chamber in the process
Positive Legislature dalam Putusan Mahkamah Konstitusi Mengenai Upaya Hukum Putusan Penundaan Kewajiban Pembayaran Utang Catur Alfath Satriya
Jurnal Konstitusi Vol 19, No 4 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (362.887 KB) | DOI: 10.31078/jk1949

Abstract

Constitutional Court as negative legislature as time goes by has become positive legislature, recently Constitutional Court verdict Number 23/PUU-XIX/2021 regarding Articel 235 examination from Bankruptcy Law and Debt Payment Postponement (PKPU) toward Indonesia’s Constitution (UUD NRI 1945), considered to cause constitutional losses because it does not regulate the existence of legal remedies against the PKPU verdict. This research aims to analyze the Judges consideration (ratio decidendi) of the Constitutional Court’s verdict regarding the legal remedies of PKPU verdict in accordance with the principles of justice and legal certainty and to analyze the enforcement of the Constitutional Court verdict regarding the legal remedies for the PKPU verdict which are positive legislation. This article used normative legal research method. The results of the study show that the progressivity in constructing the legal remedies in PKPU verdict with certain conditions (Conditionally Unconstitutional). The Constitutional Court’s decision which is final and binding in its implementation is not in accordance with the theory. It should be realized that in a decision that is self-executing, it still requires bureaucratic procedures to address the decision so that it can be implemented consistently in accordance with the principle of erga omnes.
Karakteristik Pemakzulan Presiden di Indonesia Catur Alfath Satriya
Jurnal Konstitusi Vol 19, No 3 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (466.115 KB) | DOI: 10.31078/jk1932

Abstract

One of the features of the presidential system is the process of presidential impeachment. Before the amendment, Indonesia did not have a clear mechanism to impeach the president in the middle of his term. The impeachment of the president is determined by a majority vote in the People’s Consultative Assembly. This is a problem because the impeachment of the president only uses a political process, and there is no legal process in it. After the amendment, the presidential impeachment concept was born that in a presidential system, the president cannot be dismissed only through a political process; there must be a legal process before the political process. Based on the analysis, the process of presidential impeachment in Indonesia does not follow the principle of checks and balances. This is because the impeachment process for the president in Indonesia does not involve the second chamber in the process
Co-Authors