Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
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This Author published in this journals
All Journal Unes Law Review Tarumanagara Law Review
Destiana Vani Candra
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Putusan Mahkamah Konstitusi Terkait Usia Calon Presiden dan Calon Wakil Presiden Christine S.T Kansil; Destiana Vani Candra
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2000

Abstract

The Constitutional Court is an institution of judicial power based on the constitution and has a judicial function to uphold law and justice. Based on the 1945 Constitution of the Republic of Indonesia, state power is divided into three parts, namely legislative, executive and judicial. The authority of the Constitutional Court is regulated in Article 24C of the 1945 Constitution, namely that the Constitutional Court functions to adjudicate at the first and last level and its decisions are final. Constitutional Court decisions in reviewing laws relate to formal and material aspects, so consideration is required by the judge as a basis for a decision. This article was written to review the authority of the Constitutional Court in judicial review and regarding the inconsistency of the Constitutional Court in decision Number 90/PUU-XXI/2023 concerning the age requirements for presidential and vice-presidential candidates.
Putusan Mahkamah Konstitusi Terkait Usia Calon Presiden dan Calon Wakil Presiden Christine S.T Kansil; Destiana Vani Candra
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2000

Abstract

The Constitutional Court is an institution of judicial power based on the constitution and has a judicial function to uphold law and justice. Based on the 1945 Constitution of the Republic of Indonesia, state power is divided into three parts, namely legislative, executive and judicial. The authority of the Constitutional Court is regulated in Article 24C of the 1945 Constitution, namely that the Constitutional Court functions to adjudicate at the first and last level and its decisions are final. Constitutional Court decisions in reviewing laws relate to formal and material aspects, so consideration is required by the judge as a basis for a decision. This article was written to review the authority of the Constitutional Court in judicial review and regarding the inconsistency of the Constitutional Court in decision Number 90/PUU-XXI/2023 concerning the age requirements for presidential and vice-presidential candidates.
Restrictions on the Public's Right to Freedom of Expression from a Utilitarian Perspective Destiana Vani Candra; Devika Graciella Gunawan; Michelle Kurniawan; Joel Natanael; Kaniko Dyon Geraldi; Baharuddin Jusuf Habibie; Lawrentius Kennardy
Tarumanagara Law Review Vol. 8 No. I (2026): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v8iI.38966

Abstract

Indonesia, as a state based on the rule of law, positions law as an instrument to realize the values of justice, democracy, and the protection of citizens' rights. From a utilitarian perspective, a good law is one that can provide the greatest benefit and happiness for the greatest number of people. This article aims to analyze the utilitarian perspective and its application to the restriction of the right to freedom of expression within Indonesia’s legal framework. The findings indicate that the implementation of restrictions on freedom of expression in Indonesian legislation still requires further examination, as its enforcement remains uneven. From the utilitarian point of view, such restrictions should ideally provide benefits and happiness for society, while reflecting the values of justice and the public interest. However, in reality, this has not been fully achieved. Various forms of restriction remain disproportionate and tend to silence minority voices, thereby failing to deliver the benefits envisioned by utilitarian principles. Therefore, the restriction of freedom of expression within Indonesia’s legal system, from a utilitarian perspective, still requires greater attention in its implementation. This is crucial to ensure that its application truly provides the greatest possible benefit and happiness for all members of society, rather than serving the interests of particular groups.
Co-Authors Baharuddin Jusuf Habibie Christine S.T Kansil Devika Graciella Gunawan Joel Natanael Kaniko Dyon Geraldi Lawrentius Kennardy Michelle Kurniawan