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All Journal Widya Yuridika Jurist-Diction Refleksi Hukum: Jurnal Ilmu Hukum
Kishan, Marcelino Ceasar
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Mahkamah Konstitusi Setengah-Hati: Final tetapi Tidak Mengikat dalam Kewenangan Pengujian Konstitusional Kishan, Marcelino Ceasar; Rauta, Umbu; Alves de Sousa, Freidelino Paixao Ramos
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4678

Abstract

This article aims to discuss the bindingness of constitutional review decisions of the Constitutional Court of the Republic of Indonesia (MKRI). In particular, this article looks at the relevance between the grand design of the nature of the MKRI decision in Article 24C paragraph (1) The 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) with the practice of constitution disobedience. Based on that issue, this article argues that the MKRI is designed not to have a final and binding decision, but only final decisions. Because based on the Supremacy-of-Text Principle which is coherent with the concept of applying law based on regulations in the Rule of Law, the non-appreance of binding phrases in Article 24C paragraph (1) of the 1945 UUD NRI 1945 makes the decision of the Constitutional Court in the authority of constitutional review has no binding legal force. Grammatical argumentation comes from interpretation with original meaning and textualism methods which find that the word final does not mean binding due the two words stand separately. By drawing on the concepts of strong-form judicial review and weak-form judicial review, the non-binding nature of MKRI decisions can legitimize the disagreement. Because the indecisivenesss of the Constitution establish a half-hearted form of MKRI, namely the partial weak-form judicial review. Thus, the form of MKRI is a strong and weak-form judicial review that makes MKRI decisions can be opposed. This article uses normative research methods with conceptual approach, statutory approach, and comparative approach.
BATASAN YUDISIALISASI POLITIK OLEH MAHKAMAH KONSTITUSI: PARADOKS UNDANG-UNDANG PEMILIHAN UMUM Kishan, Marcelino Ceasar
Refleksi Hukum: Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Refleksi Hukum: Jurnal Ilmu Hukum
Publisher : Universitas Kristen Satya Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24246/jrh.2024.v8.i2.p203-224

Abstract

Abstract This paper aims to discuss the position of the Constitutional Court of the Republic of Indonesia in political judicialization. Judicialization of politics has become a critical issue because there is an intense debate on the choice of judicial restraint or judicial activism, particularly concerning its implications for the general election process. On this issue, this paper provides an alternative view related to the position of judicial restraint or judicial activism in a contextual manner, which departs from the limitation of the formation of General Election regulations that political judicialization must fill the legal vacuum caused by the finality of the General Election law which depends on delegated regulations. In adjudicating, the Constitutional Court of the Republic of Indonesia must perform policy calculations to determine how to correct the norms of the annulled General Election law.
Reconstructing Electronic Legislation to Strengthen Public Accountability: Lessons from Indonesia Kishan, Marcelino Ceasar
Jurist-Diction Vol. 8 No. 3 (2025): Volume 8 No. 3, September 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v8i3.71111

Abstract

This paper examines the role of public participation in electronic legislation, with particular reference to the Indonesian context. It assesses whether electronic legislation can operate as a mechanism for strengthening legislative accountability. The study employs a normative legal method, supported by doctrinal analysis of positive law, to evaluate the relationship between normative expectations and their legal realization. The findings indicate that the current framework for electronic legislation lacks comprehensive norms on public participation, resulting in fragmented and inconsistent standards. The absence of binding rules undermines accountability and weakens the democratic quality of lawmaking. To address this gap, the paper proposes a reconstruction of participation norms through a re-evaluation of the concept of electronic legislation. This reconstruction binds all actors to participation requirements. It also compels legislatures to engage actively in the design and implementation of electronic systems. In turn, it reinforces accountability, transparency, and inclusiveness in the legislative process.
Co-Authors Freidelino P. R. A. de Sousa Jeconiah, Bernadeta Adriana Sandra Umbu Rauta Yanto, Oliviani