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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 2 (2013)" : 8 Documents clear

Politik Hukum Putusan MK No. 46/PUU-VIII/2010 Tentang Status Anak di Luar Nikah: Upaya Membongkar Positivisme Hukum Menuju Perlindungan HAM Asnawi, Habib Shulton
Jurnal Konstitusi Vol 10, No 2 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Protection of human rights (human rights) in the Constitution applies in Indonesia ever prove that one of the requirements for a state law is the guarantee of human rights. Indonesia assertion of law set forth in the 1945 amendment of Article 1 paragraph (3) “State of Indonesia is the Rule of Law”. The form states have laws on the protection of human rights in implementation by the Constitutional Court (MK) in Decision No. 46/PUU-VIII/2010 on the Status of Child Marriages outside. Political decisions of law sought to protect the rights of the child, in addition to trying to dismantle the positivistic-legalistic law, which for year’s had been shackled for justice and human rights. However, in Indonesia the law of the Constitutional Court reap the political pros and cons. Therefore, it is necessary socialization broadly relevant decision of the Court, the Court of law that political action are on the correct constitution, embodying the rule of law and democratic ideals for the sake of our nationhood and nation’s dignity. Constitutional Court’s decision is a wise choice and a step forward in the field of law for the defense of children’s rights that have long shackled Article 43 of the Act. N0. 1 of 1974 on Marriage. To be effective this decision the government should immediately respond with a set of supporting regulations that can be implemented by the Ministry of Religious Affairs and Ministry of Interior.

Konstitusionalitas Kebijakan Belanja Subsidi Bahan Bakar Minyak dalam Anggaran Pendapatan dan Belanja Negara Abidin, M. Zainul
Jurnal Konstitusi Vol 10, No 2 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

The aims of this research was first, examining the harmony of the policy of fuel subsidy in the State Budget Law based on the 1945 Constitution of the Republic of Indonesia and second, observing the subsidy policy can be taken under Article 33 and 34 of the Constitution. This research used the literature studies. Data obtained from literature studies were discriptively and qualitativly analyzed used by the laws and public finance theories. It was concluded that the allocation policy of fuel subsidy in the budget in accordance with Article 23 paragraph (1) and Article 33 paragraph (3), ie in order to achieve maximum prosperity for the people. In the current situation, the policy of subsidized fuel does not accord the principle of efficiency with justice, continuity, and environmental perspective (Article 33, paragraph 4). Pursuant to Article 34 paragraph (1) and (2) Constitution, the subsidy policy should be focused to meet the needs of the poor / impoverished persons, inadequate and underprivileged.

Pemekaran Wilayah dan Otonomi Daerah Pasca Reformasi di Indonesia: Konsep, Fakta Empiris dan Rekomendasi ke Depan Muqoyyidin, Andik Wahyun
Jurnal Konstitusi Vol 10, No 2 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Basically, the regional expansion is a form of regional autonomy and is one of the things that need to be considered because of the presence of regional expansion is expected to further maximize equitable regional development and regional development. In the spirit of regional autonomy was also the emerging paradigm of regional expansion to speed up the implementation of development, ease of public service to the community, as well as the acceleration of social welfare. In the reform era, the space for the area for the proposed establishment of a New Autonomous Region opened wide by the regional expansion policy based on Law no. 22, 1999. With such a policy, the policy of regional expansion is now more dominated by the political process rather than technocratic process.

Politik Hukum Pengaturan Right to Vote and Right to be Candidate dalam Undang-Undang Pasca Putusan Mahkamah Konstitusi Rachman, Irfan Nur
Jurnal Konstitusi Vol 10, No 2 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

The Constitutional Court in some award restored the right to vote (right to vote) and the right to choose (right to be candidate) for citizens. Some verdict related to the recovery of the political rights, namely the ruling Number 011-017/PUU-I/2003 on Return Political Rights For former members of the Illegal organization of the Communist Party of Indonesia and Other Illicit Organization and decision Number 102/PUU-VII/2009 on the use of ID card or passport in the elections. The ruling of the Constitutional Court have a legal binding force since spoken in plenary session. The nature of the ruling of the Constitutional Court are final and binding, it means there is no other remedy that can be reached by the parties and also the ruling of the Constitutional Court is not only binding on the parties but also binds all citizens of Indonesia (erga omnes). The ruling of the Constitutional Court was to be acted upon by the ruling of the Constitutional Court, addressad in this case is the President and DPR through a revision of the provisions that have been

Demokrasi dan Sistem Pemerintahan Noviati, Cora Elly
Jurnal Konstitusi Vol 10, No 2 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Democracy provides an understanding that the source of power is the people with an understanding that people will give birth to a rule that will benefit and protect their rights. In order for that to happen, a rule is needed to support the idea and serves as the foundation in the life of the state to guarantee and protect the rights of the people. Such rule is called The Constitution.The understanding on the highest power itself does not need to be understood in the sense of absolute monistic and unlimited, because it is in itself that the supreme power which is in the hands of the people is limited by the agreement they set forth together as outlined in the formulation of the constitution they made and promulgated especially on the founding of the state. This is what is called the social contract between citizens as reflected in the constitution. It is that constitution which limits and regulates how the sovereignty of the people is channeled, executed and maintained in state activities and day-to- day running of the government. In essence, within the idea of popular sovereignty, it remains to be guaranteed that the people are the true owners of the State with all its authority to carry out all the functions of state power, both in the field of legislative, executive, and judiciary. It is the people who have the authority to plan, organize, implement, and conduct monitoring and assessment of the implementation of the power functions. Even further, it is for the benefit of the people that every activities aimed at. It is for the people that all the benefits gained from the functioning and the organization of the state are intended. This is the idea of popular sovereignty or democracy that is totally of the people, for the people, by the people, and with people.

Putusan Mahkamah Konstitusi Menghapus Rintisan Sekolah Bertaraf Internasional dalam Tinjauan Maqashid Syari’ah Suhaeri, Suhaeri
Jurnal Konstitusi Vol 10, No 2 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Article 50 paragraph(3) of Law No. 20 of 2003 on National Education Systems that reads “Government and / or local government orgsnizes at least one education unit on all levels of education to be developed as an international strandard educational system. ”On Tuesday, 8 January 2013, Constitutional Court (MK) declared that the article no longer has binding force of law. With this MK’s verdict it is therefore clear that International-Standard Pilot Project School (RSBI) and International-Standard School (SBI) will shortly be abolished from our national education system since it is in opposition to the 1945 Constitution. Constitutional Court’s decision that abolishes RSBI is interesting because RSBI is actually expected to be the benchmark for the success of educational development. An RSBI that is established in a district serves as a model for other schools. Those schools also develop to be international-standard schools. In other words, RSBI is established to improve quality of education. Then why shouldbeabolished? Is the Constitutional Courtdecision right? Thesesarethe research question which become the subject matter of this writing. Maqashid Syari’ah method is used to find out the answer to the questions. Based on the analysis of Maqashid Syariah on the Court’s decision, the research came to a conclusion that the Ministry of education with its RSBI has higher level of mashlahat(benefit/advantage) than that of Constitutional Court’s. Moreover, in today’s global context, the Constitutional Court decision that abolished RSBI is considered inappropriate.

Rekonseptualisasi Penyelesaian Perselisihan Hasil Pemilihan Umum di Indonesia Jayus, Jayus
Jurnal Konstitusi Vol 10, No 2 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Elections are the means to implement sovereignty of the people in order to elect members of the House of Representatives, Regional Representatives Council, Local Legislative Council, the President and Vice President. Election are also meaningful for selecting the leader of the nation and the state (public officials) and as community control over board membership, President and Vice President to come. Election results are manifestation of popular sovereignty, which can lead to a dispute between organizer and election participants either political parties or individuals. The result of which can be challenged legally by election participant. The participant can also request the cancellation of the election result to the agency given with the authority to decide. Conceptually, the right institution to decide on election dispute is a special ad hoc election court. Constitutionally, dispute resolution of election result is intended to protect citizens' constitutional rights.

Sikap Kritis Negara Berkembang terhadap Hukum Internasional M. Gaffar, Janedjri
Jurnal Konstitusi Vol 10, No 2 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

International law is a political instrument of developed states to intervene developing states. Law can function for numerous interests such as, inter alia, a political instrument. Intervention of developed countries to developing states can happen in two ways which both ways cannot be regarded as violation of international law. The involvement of a state in an international agreement denotes that the country intentionally burdens itself to carry out obligation that has been agreed upon as stated in the agreement. One of the obligations is to transform the contents of the agreement to its national law. The involvement of developing countries in international law is an intention to create breakthrough to face competition with developed states. With the existence of WTO, developing states can defend their rights which are violated and can force developed states to negotiate. The availability of legal remedy provide strength to developing states to force developed states in particular cases.

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Journal Mail Official
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Kota adm. jakarta pusat,

Dki jakarta

INDONESIA