Putri, Khairunnisa Wiladi
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Putusan Mahkamah Konstitusi Terkait Batas Usia Minimal Calon Presiden dan Calon Wakil Presiden Dalam Putusan MK Nomor 90/Puu-Xxi/2023 Perspektif Etika Profesi dan Tanggung Jawab Hukum Muyassar, Alifia Nada; Putri, Khairunnisa Wiladi; Alya, Farah; Maniari, Elsa; Pramudya, Aissyah Lintang; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15567839

Abstract

The Constitutional Court (MK) has a crucial role in upholding the supremacy of law and the constitution in Indonesia. However, the independence and integrity of MK judges are in the spotlight in MK Decision Number 90/PUU-XXI/2023 which changes the provisions on the age limit for presidential and vice presidential candidates. This decision has sparked controversy due to allegations of violations of the code of ethics by one of the MK judges who has a conflict of interest with the party benefiting from the decision. This study aims to analyze the effect of violations of the code of ethics by MK judges on the legitimacy and acceptance of MK decisions. The research method used is juridical-normative with a statutory regulatory approach and analysis of decisions and their impacts. The results of the study show that violations of the code of ethics can damage public trust in the MK and give rise to debate about the validity of the resulting decisions. In addition, non-compliance with the code of ethics has the potential to weaken the independence of the judiciary and create a bad precedent for the enforcement of constitutional law in the future. Therefore, a stricter oversight mechanism is needed for MK judges as well as strict enforcement of sanctions to ensure that the resulting decisions remain objective and based on the principle of justice.
Analisis Putusan Mahkamah Konstitusi Nomor 2/PUU-XX/2022 Tentang Syarat Tidak Pernah Melakukan Perbuatan Tercela Untuk Pencalonan Kepala Daerah Sebagai Putusan Landmark Ramadhan, Niko Rafael; Amelia, Shelomita Putri; Aliyah, Elirica; Bauw, Irwan; Putri, Khairunnisa Wiladi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Constitutional Court Decision Number 2/PUU-XX/2022 states that the requirement of “never having committed a disgraceful act” for regional head candidacy is contrary to the 1945 Constitution of the Republic of Indonesia (UUD 1945). This research uses a normative juridical method with a statutory approach, and a case approach. The data source in this research is secondary data, including primary legal sources and secondary legal sources. The technique of collecting legal materials is done through literature study. The Constitutional Court's main consideration is that the requirement contradicts the 1945 Constitution, especially the principle of legal equality (Article 27 Paragraph 1), the right to be elected (Articles 28D Paragraph 3 and 28I Paragraph 2), and ignores the rehabilitation mechanism of former prisoners. This multi-interpretive requirement is considered discriminatory because it limits political rights based on the past without considering changes in behavior and the legal process that has been undertaken. As a landmark decision, the Constitutional Court introduced a conditionally unconstitutional approach: ex-convicts are allowed to run for office as long as they have completed their sentence, admit their past honestly to the public, and show remorse. This decision not only invalidates the vague norms in the Pilkada Law, but also forces KPU/Bawaslu to revise administrative practices, guarantees equal political rights without discrimination, and triggers academic discourse on the protection of constitutional rights. Constitutional Court Decision No. 2 / PUU-XX / 2022 confirms that the political rights of ex-convicts are restorative after rehabilitation, restrictions on constitutional rights are only valid through court decisions, without subjective moral discrimination
The Principle of Justice in the Minimum Capital Policy for Foreign Direct Investment (A Study of Fraudulent Foreign Direct Investment Companies in Bali) Putri, Khairunnisa Wiladi; Erar Joesoef, Iwan
Law Development Journal Vol 7, No 4 (2025): December 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.4.660-674

Abstract

Foreign Direct Investment (FDI) holds a strategic role in the Indonesian economy, particularly in fostering industrial development and creating employment opportunities. However, the minimum capital policy stipulated in Regulation No. 4 of 2021 of the Indonesian Investment Coordinating Board (BKPM) poses significant challenges for its implementation. This study aims to analyze the effectiveness of the policy, focusing on the case of fraudulent foreign direct investment companies in Bali, and to compare Indonesia’s minimum capital policy for foreign direct investment with similar policies in Vietnam. Using a normative legal approach with statutory, comparative, and case study methods, this study found that the uniform minimum capital requirement actually constrains investment potential in certain sectors, such as tourism, which should require more flexible capital provisions. Another finding indicates that weak supervision and law enforcement create loopholes for administrative manipulation, such as fictitious capital deposits and the use of nominees, ultimately undermining the integrity of the investment system and creating injustice for law-abiding business actors. Based on this analysis, this study recommends adjusting the minimum capital policy to be more responsive to each sector's characteristics, strengthening transparency in supervision, and implementing stricter law enforcement to prevent abuses that harm the national economy. The results of this study are expected to contribute to improving Indonesia’s investment policy, creating a fairer investment climate, and supporting sustainable and inclusive economic development.