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All Journal Unes Law Review Edunity: Kajian Ilmu Sosial dan Pendidikan
Abdur Rozaq, Muhammad
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Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Urgensi Check and Balance oleh Mahkamah Konstitusi melalui Judicial Activism dalam Praktik Demokrasi di Indonesia Abdur Rozaq, Muhammad; Batara, Surya Daniel; Ramdan Jaya, Muhamad
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1780

Abstract

The mechanism of checks and balances in a democratic system is intended to avoid the use of hegenomic, tyrannical, and centralization of power, as well as provide performance monitoring activities between state institutions. However, the mechanism of checks and balances by the Constitutional Court related to the doctrine of Judicial Activism is faced with the issue of the independence of the Constitutional Court. This study aims to identify and analyze the mechanism of Checksand Balances by the Constitutional Court by applying Judicial Activism in democratic practices in Indonesia. The research is a doctrinal research and applies the statues approach and deductive analysis methods. The results of the study showed that to ensure the fair exercise of each individual as the fundamental basis of democratic values, the law and politics as an inseparable unit so that the court can use its political power to create a new norm provided for a noble purpose based on the doctrine of judicial activism by developing constitutional texts to create a social change so that the fundamental values in the Constitution can be applied progressively according to progressive legal theory. Judicial Activism is related to the judicial power that serves to check and balance. However, the freedom of judges in Indonesia is limited by the Grundnorm of Pancasila, the 1945 Constitution, legislation, public order and morality, government/political system, economic system, culture.
Taxes as an Implementation of Pancasila Ideology in Counteracting the Negative Effects of Capitalism Abdur Rozaq, Muhammad; Asya, Jasran; Novita, Eva; Fraistifina, Fraistifina; Priyanto, Yuwono
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 12 (2023): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v2i12.184

Abstract

Globalization and industrialization that link the ideas of capitalism are not under the ideology of Pancasila and Indonesia's national development is implemented based on economic democracy. The 1945 Constitution, Article 23A has established taxes as a source of funding for Indonesia's national development. The real threat of capitalism is environmental destruction and social inequality. This is necessary to counteract the negative effects of the influence of capitalism. This study aims to analyze the implementation of Pancasila ideology through the tax system to counteract the negative impact of the influence of capitalism. This research is legal and applies legal approaches and deductive analysis methods. The results showed that tax law contains legal certainty as a prevention of arbitrary practices and a form of democracy. The Tax Law contains benefits, by cooperating with every citizen to participate in the implementation of development through the payment of taxes. The Tax Law contains justice through the redistribution of income so that disadvantaged people can enjoy the same opportunities as those who are better able to achieve prosperity prospects.
Urgensi Check and Balance oleh Mahkamah Konstitusi melalui Judicial Activism dalam Praktik Demokrasi di Indonesia Abdur Rozaq, Muhammad; Batara, Surya Daniel; Ramdan Jaya, Muhamad
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1780

Abstract

The mechanism of checks and balances in a democratic system is intended to avoid the use of hegenomic, tyrannical, and centralization of power, as well as provide performance monitoring activities between state institutions. However, the mechanism of checks and balances by the Constitutional Court related to the doctrine of Judicial Activism is faced with the issue of the independence of the Constitutional Court. This study aims to identify and analyze the mechanism of Checksand Balances by the Constitutional Court by applying Judicial Activism in democratic practices in Indonesia. The research is a doctrinal research and applies the statues approach and deductive analysis methods. The results of the study showed that to ensure the fair exercise of each individual as the fundamental basis of democratic values, the law and politics as an inseparable unit so that the court can use its political power to create a new norm provided for a noble purpose based on the doctrine of judicial activism by developing constitutional texts to create a social change so that the fundamental values in the Constitution can be applied progressively according to progressive legal theory. Judicial Activism is related to the judicial power that serves to check and balance. However, the freedom of judges in Indonesia is limited by the Grundnorm of Pancasila, the 1945 Constitution, legislation, public order and morality, government/political system, economic system, culture.
Co-Authors Asya, Jasran Batara, Surya Daniel Fraistifina, Fraistifina Novita, Eva Priyanto, Yuwono Ramdan Jaya, Muhamad