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Jurnal Konstitusi

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Published by Mahkamah Konstitusi Republik Indonesia

ISSN : 18297706 EISSN : 25481657 DOI : 10.31078

Core Subject : Education, Social,

Law, Crime, Criminology & Criminal Justice Other

Jurnal Konstitusi merupakan media triwulanan guna penyebarluasan (diseminasi) hasil penelitian atau kajian konseptual tentang konstitusi dan putusan Mahkamah Konstitusi. Jurnal Konstitusi terbit empat nomor dalam setahun (Maret, Juni, September, dan Desember). Jurnal Konstitusi memuat hasil penelitian atau kajian konseptual (hasil pemikiran) tentang konstitusi, putusan Mahkamah Konstitusi serta isu-isu hukum konstitusi dan ketatanegaraan yang belum pernah dipublikasikan di media lain. Jurnal Konstitusi ditujukan untuk kalangan pakar, akademisi, praktisi, penyelenggara negara, LSM, serta pemerhati hukum konstitusi dan ketatanegaraan.

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Articles 8 Documents

Search results for , issue " Vol 10, No 1 (2013)" : 8 Documents clear

Kajian Terhadap Putusan Batal Demi Hukum Tanpa Perintah Penahanan (Studi Putusan Mahkamah Konstitusi No. 69/PUU-X/2012) Rifai, Eddy
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Thispaperexaminesthe decisionaboutthe null andvoidwithout anarrestwarrant (the decision of the Constitutional Court No. 69/PUU-X/2012). From the results of the discussion suggests that the Criminal Code does not provide an explanation of the term “null and void”. The term “null and void” in the sense of directing an action does not match the Criminal Procedure Code. Criminal Procedure Code provides limitatif limits on detention, both for conditions of detention, agency/law enforcement detain and duration of detention, where errors in detention may be submitted claim for compensation. Constitutional Court Decision No. 69/PUU-X/2012 dated 22 November 2012 stating that the court decision does not comply with Article 197 paragraph (1) Criminal Code specifically on the restraining order was not void is not appropriate, because the terms of the restraining order is necessary for the detention status of the accused, whether fixed detained or released or against the accused who were not arrested were ordered to be detained. Court decisions that do not comply with Article 197 paragraph (1) Criminal Code specifically about a restraining order is null and void. Against the decision of the void can be corrected by the court restraining order stating thereon.

Pro-Kontra dan Prospektif Kewenangan Uji Konstitusionalitas Perpu Muda, Iskandar
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Pros and cons of the authority to deal with judicial constitutionality review of Government Regulation in Lieu of Law (Perpu) either from fellow judges of the Constitutional Court (MK) or from the world of legal science is acceptable. The pros and cons is not due to the differences in interests between them, but it is caused by the differences in schools or schools of thought and interpretation methodologies adopted. The authority of the Constitutional Court to review the constitutionality of Perpu is in line with the philosophy of Judicial Activism (the concept of active understanding) which is identical to the "Statue of the Goddess of Justice" whose eyes are not closed in order to be able to watch and absorb the "sense of social justice", to incorporate the living legal values in the society, respond to the demand and aspiration of the people and, furthermore, to create “the thinking judges” which make their decisions responsive. However, the authority of the Court to review the constitutionality of the Perpu might cause “broader impacts” in the future which means that the impact will not be only on the constitutionality review of the Perpu but also on the other decisions of Constitutional Court.

Politik Deliberatif dalam Musyawarah Perencanaan Pembangunan: Analisis Structures and Meanings Atas PP RI No. 28/2008 Muzaqqi, Fahrul
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

The atmosphere of Indonesian democratic decentralization presents an interesting phenomenon about the strength of demand at the local level participation. Participation was on its way, legally enshrined in both the legal basis, namely PP RI No. 8 Year 2008 about stage, preparation procedures, control and evaluation of Regional Development Plan (in legal terminology known as Musrenbang). That's where the participation is so arranged that it gains the spirit of development planning in local areas level with the hope that it will combine top-down and bottom-up approaches. This study focuses on efforts to analyze the two legal basis from the perspective of theory and practice of deliberative democracy in which participation based on inter-subjective communication is at the heart of modern democratic state.In search of the analysis, the findings are somewhat surprising. Those are that in Musrenbang, the nuance was still top-down so that they are not worthy to be equated with the theory and practice of deliberative democracy. That top-down shade includes the initial planning, control and evaluation of which are still very elitist. In terms of the arrangement of initial planning for development either RPJPD, RPJMD or RKPD is conducted by the Regional Development Planning Agency. In terms of control, officials from the home affairs ministry level to regent/mayor including Bappeda are involved. In all the stages, the people are involved but only to give input. While in the case of the evaluation, the greatest authority remains in the hands of the relevant authorities at every level of government. People have the chance to evaluate only as far as they have accurate information. In other words, people will find it hard to participate and evaluate the planning that has been done since the standard of accuracy of the information is still determined by the government.As a result, using the structures and meanings analysis, this thesis research confirms that the standards of deliberative democracy need to thrust into the legal basis governing participation in development planning so that decisions resulting in better planning could reflect the aspirations of the people. However, democracy is essentially regierung der regierten (rule of those who governed).

Konstruksi Keyakinan Hakim Mahkamah Konstitusi dalam Putusan Perselisihan Pemilukada Faqih, Mariyadi
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

The fact is the basis of law for judges of the Constitutional Court in decisions. The fact is the law of another language of the evidence. The decision thus reflects the role of judges in unearthing, interpreting and discovering the laws (rechtsvinding) to resolve disputes elections of regional heads. The role of the judge is not out of conviction to assess the evidence. One of the tools of evidence that requires precision and accuracy in their assessments are witnesses, because witnesses can lie or correct the error and blamed the truth.

Implikasi Re-Eksistensi Tap Mpr dalam Hierarki peraturan perundang- Undangan terhadap Jaminan atas Kepastian Hukum yang adil di Indonesia Wicaksono, Dian Agung
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Post-enactment of Act Nr. 12 of 2011, MPR Decree was put again the hierarchy of legislation, which cause problems in the context of the state of law of Indonesia. This was normative legal research. Now, the number of MPR Decree is only 6 decrees remaining, so re-existence and placement of MPR Decree is not relevant. Hierarchy should be made by simplification approach by reducing the nomenclature of law in the hierarchy of legislation. MPR Decree should have not been included in the hierarchy, especially under the Constitution. If the MPR Decree still be placed under the Constitution, we need to hold the mechanism to review MPR Decree, if there is a contradiction with the Constitution or the restriction of human rights, which actually should not be limited by the MPR.

Eksistensi Undang-Undang Sebagai Produk Hukum dalam Pemenuhan Keadilan Bagi Rakyat (Analisis Putusan Mahkamah Konstitusi Nomor 50/PUU-X/2012) Wijayanti, Winda
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Legislation in its formation is influenced by the direction of policy. Prolegnas often defeated by political interests, that determination depends on the political direction of the lawmakers that the legislation referred to as a political product. Prolegnas is part of the political establishment and management of legislation that are instrument-building program planning Act arranged in a planned, integrated, and systematic is needed to organize the national legal system. The Law 12/2011 indicates that the substantive content of the law must satisfy the principle of justice and the rule of law. In addition, the preparation of legislation must meet the elements of the rule of law, benefits, and equity in equal proportion. Thus, the Law 2/2012 that was in the National Legislation Program is a legal product that can provide justice for the people.

Peran Putusan Mahkamah Konstitusi dalam Perlindungan Hak Asasi Manusia terkait Penyelenggaraan Pemilu M. Gaffar, Janedjri
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Constitution, as the supreme law, is created to protect human rights. Constitution contains basic principles of state administration and citizens rights that have to be protected. In relation to the citizens political rights, election is related to Human Rigts matters. Election administration constitutes manifest acknowledgement of human rights in the life of the nation. Democratic election can be carrried out if there protection of human rights is guaranteed. One of the holders of judicial power that plays roles in providing human rigths protection through its decision is Constitutional Court (CC). The Court carries out the function as the guardian of the constitution, the final interpreter of the constitution. Besides, the Court also functions as the guardian of democracy, the protector of citizens’ constitutional rights and the protector of human rights. The function of the Court as the protector of human rights constitute consequence of the incorporation of Human Rights as the substance of the constitution. The endeavour of the Court to protect human rights can be perceived from some of its decisions either in the case of judicila review of laws or settlement of local election disputes which are, inter alia, restoration of the right to vote for the former members of Indonesian Communist Party, the right to vote for certain ex-prisoners, the granting of rights to be candidate for parties that do not have seat in the parliament, the right to be candidate for individual independent citizen in local election, protection of rights for incumbents, the right to vote that is free from threat and terror, protection of the right to be candidate thta is free from the act of impediment and recognition of mechanisms that are recognized in customary law.

Mengembalikan Kewibawaan Mahkamah Agung Sebagai Peradilan Yang Agung Machmudin, Dudu Duswara
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Authority, protection, legal certainty and justice are absolute requirements for a country which is based on law. All judges should endeavor to harmonize justice based on the provisions of law (legal justice), justice based on morality (moral justice) and justice based on the will of the people (social justice). Supreme Court as the highest of all courts in the country should be filled with Justices who act as the reformer of law to realize clean court. The great authorities and duties the justices have require a high degree of responsibility in order that the decisions issued are for the sake of justice and in the Name of God Almighty. This denotes that law enforcement, truth and justice must be accounted for either to human or God. Supreme Court Justices are expected to integrate the three concept of justices in order that harmonization of legal responsibility and social satisfaction which is built on morality based on goodness and badness as the standard can be realized. As the Reformer of law, Supreme Court Justice should be able and have the courage to make breakthrough which is not against the law and social justice and the morality itself.

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Contact Name
-

Contact Email
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Journal Mail Official
jurnalkonstitusi@mkri.id

Editorial Address
Jl. Medan Merdeka Barat No. 6. Jakarta 10110

Location
Kota adm. jakarta pusat,

Dki jakarta

INDONESIA