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KEWENANGAN MPR SEBAGAI LEMBAGA TINGGI NEGARA Silitonga, Marudut Parulian; Wijayati, Ani; H, Andree Washington
Honeste Vivere Vol 34 No 1 (2024): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Every high state institution in the Republic of Indonesia has the authority contained in the 1945 Constitution of the Republic of Indonesia. The authority granted by the constitution is a binding authority for high state institutions. The strengths and weaknesses of the authority of high state institutions influence the constitutional law system in Indonesia. Authority between high state institutions is a reflection of the checks and balances in the democratic system in Indonesia. The People's Consultative Assembly (MPR) of the Republic of Indonesia has become the highest state institution after the 1945 Constitution of the Republic of Indonesia, where this institution is called the highest state institution. As a high state institution, the MPR has the authority to amend and enact the constitution. The MPR's authority is also stated in Law No. 17 of 2014 concerning MD3 in article 4, which is more ceremonial in nature. Strengthening the authority of the MPR is very necessary as a high state institution to create balance and corrections between state institutions. It is hoped that the MPR institution will not be a complementary high institution in the Indonesian constitutional system.
NATURALISASI PEMAIN ASING DALAM HUKUM KONSTITUSI INDONESIA Silitonga, Marudut Parulian; Kristina, Dina
Honeste Vivere Vol 35 No 1 (2025): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i1.429

Abstract

A basic right of every human being is to choose the citizenship they want. In every country's constitution regulates how everyone can have citizenship in their country. In the world of sports, especially football, every country in the world wants to participate in the World Cup competition organized by FIFA. And also football players take part in the World Cup competition. The Republic of Indonesia wants its national team to participate in the World Cup competition, so PSSI as a national football organization recruits foreign players to become national players. For that, foreign players must become Indonesian citizens or what is called naturalization. Indonesia as a country of law, everyone must submit to the constitution in force in Indonesia, as stated in the 1945 Constitution of the Republic of Indonesia and the laws governing citizenship
State Legal Accountability for Alleged Genocide Against Rohingya Ethnic Group: Case Study of Myanmar Under the 1948 Genocide Convention Silitonga, Marudut Parulian; Abdillah, Rachmat
Jurnal Indonesia Sosial Sains Vol. 6 No. 10 (2025): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v6i10.2021

Abstract

This study examines state legal accountability for alleged genocide against the Rohingya ethnic group of Myanmar under the 1948 Genocide Convention within the framework of international law. It adopts a normative juridical approach with qualitative legal analysis to assess the extent to which Myanmar’s authorities meet the legal elements of genocide under the Convention and the scope of state responsibility in preventing and punishing such crimes. Through doctrinal interpretation and comparative jurisprudence from the ICJ, ICTR, and ICTY, the study clarifies normative accountability mechanisms in contemporary genocide cases. The Rohingya crisis demonstrates systematic violations of fundamental human rights, including mass killings, forced displacement, and denial of citizenship, revealing structural persecution and potential genocidal intent. The study emphasizes that state responsibility for genocide is erga omnes, binding upon the entire international community, thus allowing other states to demand accountability even when not directly affected. The case brought by The Gambia against Myanmar before the International Court of Justice highlights the critical role of international judicial mechanisms in enforcing state obligations under the Genocide Convention. However, political barriers, particularly within the UN Security Council, often impede the effective implementation of international norms. The paper concludes that Myanmar’s conduct toward the Rohingya aligns with the elements of genocide as defined by international law and underscores the necessity of strengthening enforcement mechanisms to ensure justice and prevent future atrocities.