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All Journal WAJAH HUKUM Jurnal Hukum dan Pembangunan
Wibowo, Renaldy Wijaksana
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Law, Crime, Criminology & Criminal Justice

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PROBLEMATIKA PEMBERIAN OTONOMI KHUSUS PROVINSI DAERAH KHUSUS JAKARTA YANG HANYA BERADA PADA TINGKAT PROVINSI Lubis, Alfi Syahri; Saputro, Bayu; Wibowo, Renaldy Wijaksana; Al-Qindi, M. Fariz
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

On April 25, 2024, the legislators officially passed Law Number 2 of 2024 concerning the Special Region of Jakarta Province. One of the articles that is still maintained in the a quo law is the matter that regulates the granting of autonomy only at the provincial level. This certainly has its own characteristics compared to the autonomy given to other regions that get autonomy up to the district / city level. The results of the study suggest several things, first, the reason the government maintains the specificity of the Special Region of Jakarta only at the provincial level is due to the history of government, the effectiveness and efficiency of governance, and the urban character of Jakarta. As a result of the specificity that is only at the provincial level, the Special Region of Jakarta does not have a Regency / City Regional House of Representatives. The existence of the district/city legislative council is replaced by the city council/district council whose duties and functions are very different. The absence of a district/city legislative council has led to the loss of three important functions of local government administration, namely the formation of district/city regulations, the budget function, and the supervisory function.
Kewenangan Hakim Mahkamah Konstitusi dalam Memanggil Menteri sebagai Pemberi Keterangan pada Perkara Perselisihan Hasil Pemilihan Umum Presiden dan Wakil Presiden Tahun 2024 Wibowo, Renaldy Wijaksana; Saputro, Bayu
Wajah Hukum Vol 9, No 1 (2025): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i1.1691

Abstract

In the 2024 Presidential PHPU trial, the Constitutional Court summoned four Ministers to give testimony in the trial. This raises a problem, because in the PMK PHPU President there is not a single provision that explicitly authorizes the Constitutional Court judge to be able to summon the informant. This study aims to firstly, determine the legal basis for the authority of Constitutional Court judges to summon the informant in the PHPU Presidential Election Case. Second, to find out the consequences caused by the summoning of the informant by the Constitutional Court judges in the PHPU Presidential Election Case. Third, to find out the clarity of the regulation regarding the informant in PMK No. 4/2023 and to provide a concept of the necessary arrangements in order to avoid abuse of authority by the Constitutional Court judges in the PHPU President. This paper uses normative legal research, using a statutory approach and a case approach. Based on the results of the research, it turns out that there is no authority for Constitutional Court judges to summon the informant because this is not explicitly regulated in the PMK PHPU President. The unclear legal basis governing the summoning of the informant in the Presidential PHPU trial and the actions of Constitutional Court judges who summon the informant on their own initiative can cause problems. The problems that arise relate to potential violations of the principle of independence and the emergence of legal uncertainty. There is ambiguity in the authority to summon the informant in the Presidential PHPU trial. Therefore, further regulation is needed regarding the authority to summon the informant in the PHPU Presidential Election case so that there is a clear division of authority in order to present the informant at the trial.
Co-Authors Al-Qindi, M. Fariz Bayu Saputro Lubis, Alfi Syahri