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All Journal Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Komang Edy Dharma Saputra
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Pengaturan Pembayaran Jaminan Hari Tua Berbasis Keadilan di Indonesia Kadek Dedy Suryana; Komang Edy Dharma Saputra; Ni Kadek Dwi Anggianti
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i2.3245

Abstract

One of the objectives of establishing the Unitary State of the Republic of Indonesia as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia is to improve the welfare of the people. This welfare must be enjoyed in a sustainable, fair, and equitable manner that reaches the entire population. Every citizen has the right to social security that enables their full development as a dignified human being; this right is guaranteed by the 1945 Constitution of the Republic of Indonesia, specifically under Article 28H paragraph (3) and Article 34 paragraph (2). Social security is also guaranteed by the 1948 United Nations Declaration of Human Rights and affirmed by International Labour Organization (ILO) Convention No. 102 of 1952, which urges all nations to provide minimum protection for every worker. The national social security system is essentially a state program aimed at providing guaranteed protection and social welfare for all Indonesian people. Through this program, every resident is expected to be able to meet their basic living needs should events occur that result in a loss or reduction of income such as illness, accidents, job loss, reaching old age, or retirement. The government implements social security through several programs, one of which is the Old-Age Security Program (Jaminan Hari Tua). Old-age security consists of a cash benefit paid as a lump sum when a participant retires, passes away, or suffers total permanent disability. The Old-Age Security Program is designed to provide protection when an individual enters old age or retirement and no longer has an income; hence, it is termed "old-age security".
Hakim Pengganti Mahkamah Konstitusi I Nyoman Suandika; Komang Edy Dharma Saputra; Ni Made Rit Meidyana
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i2.3248

Abstract

Article 47 of the Constitutional Court Law stipulates that a Constitutional Court decision has permanent legal force upon its pronouncement in a plenary session open to the public. This assertion raises the question of why legal remedies are not possible to correct a Constitutional Court decision, should an error occur. To achieve legal certainty, will the erroneous decision be enforceable indefinitely? The research question is: What is the rationale underlying the granting of permanent legal force to a Constitutional Court decision upon its pronouncement in a plenary session open to the public? This research employs normative legal research, employing statutory, conceptual, historical, and comparative approaches. The legal materials used are primary, secondary, and tertiary legal materials. The legal materials were collected through document study. The legal materials were analyzed using descriptive and analytical techniques. The results of the study show that, the rationale underlying the granting of the permanent legal force of the Constitutional Court's decision since after it has been pronounced in a public plenary session is because the case submitted to the Constitutional Court is a case related to state administration so that it requires a quick decision and is bound by time limits so as not to disrupt the continuity of other state administration agendas. The possibility of a judicial review of the Constitutional Court's decision, viewed from a normative perspective, is not possible because Article 47 of the Constitutional Court Law states that the Constitutional Court's decision is permanent since it is pronounced in a public plenary session, and is further emphasized in the explanation of Article 10 number (1) that it is permanent, meaning that no legal action can be taken. furthermore in the Regulation of the Constitutional Court of the Republic of Indonesia Number 06/PMK/2005 concerning Guidelines for Proceedings in Cases of Judicial Review. There is no term for judicial review.
Co-Authors I Nyoman Suandika Kadek Dedy Suryana NI Kadek Dwi Anggianti Ni Made Rit Meidyana