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All Journal Media Iuris Journal of Constitutional Law Society (JCLS)
Desak Ayu Gangga Sitha Dewi
Universitas Airlangga
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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THE AUTHORITY OF THE CONSTITUTIONAL COURT IN HANDLING CONSTITUTIONAL COMPLAINTS: A COMPARATIVE STUDY WITH GERMANY AND SOUTH KOREA: KEWENANGAN MAHKAMAH KONSTITUSI DALAM MENANGANI PENGADUAN KONSTITUSIONAL: STUDI KOMPARATIF DENGAN JERMAN DAN KOREA SELATAN Desak Ayu Gangga Sitha Dewi; Xavier Nugraha; Melva Emely Laurentius
Constitutional Law Society Vol. 1 No. 2 (2022): September
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (270.588 KB) | DOI: 10.36448/cls.v1i2.28

Abstract

Until now, there is still no authority of the Constitutional Court to examine constitutional complaint cases, even though at least 30 (thirty) cases are declared unacceptable because the substance of the petition is constitutional complaint. In several countries, constitutional complaint has become one of the powers of the Constitutional Court as a legal remedy that citizens can take if there is a violation of their constitutional rights, such as in Germany and South Korea. Based on this background, the formulation of the problem in this is first, what is the urgency of adding constitutional complaint as the authority of the Constitutional Court of the Republic of Indonesia? Second, how is the legal construction of the implementation of constitutional complaint in Indonesia? This research is legal research with a statutory, conceptual, and comparative approach. This research will describe first, the urgency of adding constitutional complaint as the authority of the Constitutional Court of the Republic of Indonesia and second, the legal construction of the application of constitutional complaint in Indonesia by comparing the arrangement and implementation of constitutional complaint in other countries, namely Germany and South Korea.
Juridical Implications of Unregistered Marriage Against Legal Protection in the Domestic Violence Law Peter Jeremiah Setiawan; Xavier Nugraha; Desak Ayu Gangga Sitha Dewi; Marchethy Riwani Diaz
Media Iuris Vol. 6 No. 3 (2023): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v6i3.43219

Abstract

This article aims to analyze the juridical implications of not registering marriages for legal protection for the community, because the existence of the PKDRT Law has not been fully able to guarantee legal protection. The writing method used is juridical-normative using a reform-oriented research typology, namely evaluating applicable rules by providing recommendations on these rules. This study concludes that there is a blurring of legal subjects that can be protected in the PKDRT Law due to differences of opinion regarding the validity of marriage based on the provisions in Article 2 of the Marriage Law. Moreover, there are differences in judges’ views on the validity of a marriage which are not recorded in several decisions of cases of domestic violence causing legal uncertainty. However, there is still an alternative for self-protection for victims of domestic violence whose marriages have not been registered, namely using the articles in the Criminal Code.
Co-Authors Marchethy Riwani Diaz Melva Emely Laurentius Nugraha, Xavier