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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 7, No 6 (2010)" : 8 Documents clear

Pemilu Kepala Daerah dalam Transisi Demokrasi Hoesein, Zainal Arifin
Jurnal Konstitusi Vol 7, No 6 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

The election of regional head has a strategic position to building democracy in transition. In order that the election of regional head can creating a dignified democracy, the implementation of its should be based on the principle of the general election i.e: independent, fair, equitable, rule of law; the orderly election, transparency, proportionality; professionalism, accountability, efficiency, and effectiveness.

Pengaturan Pemberhentian Presiden dalam Masa Jabatan Menurut UUD 1945 (Studi Komparatif Sebelum dan Sesudah Perubahan) Syawawi, Reza
Jurnal Konstitusi Vol 7, No 6 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

In terms of the constitutional basis, the impeachment of the President in his tenure has been set substantially on the third amandement 1945 (2001) which was ratified on November 9, 2001. The process of the president impeachment is no longer entirely left to the political mechanism, but based on legal mechanisms as provided in Article 7a and 7b the 1945 constitution. Besides relating to the violated of law, the impeachment of the President in his tenure is also possible if the president is no longer qualify as a president as stated in Article 6 of the 1945 constitution.

Keterlibatan Negara dalam Mengawal Kebebasan Beragama/ Berkeyakinan (Komentar Akademik atas Judicial Review UU No.1/PNPS/1965) Tobroni, Faiq
Jurnal Konstitusi Vol 7, No 6 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

A theory having been known in the discourse of civil and political rights is a state has to act by omission (by not to do anything that can limit to as well as oppress these rights). It is this theory that was used as argument to petition for judicial review of law No.1/PNPS/Th.1965. This law was regarded having limited freedom of conscience and religion, that are parts of civil and political rights.After the implementation of freedom of conscience and religion have been evaluated, this should not be absolute because it will cause instability of harmony of religious community. The uncontrolled freedom, in fact, will encourage the deviation. The deviation that often happens is the mistaken interpretation.It caused the misuse or desecretion of religion.The state as organizer of people life, therefore, has the responsibility for controling the implementation of religious freedom in the light of harmony, and for preventing it from the misuse or desecretion. It is in this moment that Law No.1/PNPS/Th.1965 has been regulated to control the religious freedom in the light of harmony.

Perkembangan Pengujian Perundang- Undangan di Mahkamah Konstitusi FH Andalas, Pusat Studi Konstitusi
Jurnal Konstitusi Vol 7, No 6 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

The judiciary is a tools to find justice. The Constitutional Court of Republic of Indonesia (MKRI) who attended after the 1945 amendment also established to fulfill the desires of the justice seeker. The Efforts to comply the sense of justice depends on how the constitutional court judges deciding cases. If the judge of the constitutional court failed to parse the meaning of substantive justice, it found the unfair justice. It’s fair according to the judge verdict, but it was unable to fulfill the desires of the justice seeker. The step of judges to find the justice known as the concept of judicial activism. And its consisting in constitutional court authority namely as judicial review. Within seven years since the MKRI have been formed, the court has become an institution recognized by the justice seeker through the decisions. In fact, the court not only courageous in deciding the facts of the existing law, but further than that, the court also made a bold reform in its verdict forms.

Implikasi Putusan Mahkamah Konstitusi Nomor 22-24/PUU- VI/2008 terhadap Kebijakan Affirmative Action Keterwakilan Perempuan di DPRD Provinsi dan kabupaten/kota se-Daerah Istimewa Yogyakarta FH UII, Pusat Studi Hukum Konstitusi
Jurnal Konstitusi Vol 7, No 6 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

The research concluded, first, The Constitutional Court decision number 22-24/PUU-VI/2008 give the positive implications of affirmative action policy of women representation in the provincial parliament and regency/town in Yogyakarta, because every legislative candidates have equal opportunity to fight to obtain a majority vote in 2009 legislative elections. Second, when Law no. 10 year 2008 still use a list of serial numbers, women’s position in the list of candidates a majority in the lowest sequence number, the result difficult for female candidates to gain seats as if his voice does not reach the number of automatic splitter sounds will be given to the serial number on it, but with a majority vote model , greater opportunities for female candidates was elected. Third, women representation in the provincial parliament Daerah Istimewa Yogyakarta (DIY) increased when compared with the results of the election of 2004, from 9 seats in 2009 elections to 12 seats, so there is an increase of 33%. in Gunung Kidul district legislature also increased the number of seats of women when compared with the acquisition of seats in the elections of 2004, from a seat in the 2009 election to 6 seats, so there is 500%. Sleman district legislature in the 2004 elections the number of women seats and as many as 6 seats in the 2009 election to 8 seats. So the increase of about 33%. in Yogyakarta city parliament also increased the number of seats in 2004 elections from 5 to 6 seats in 2009 elections. Thus, there is an increase of 20%. Kulonprogo parliament,the seats for women who gained in the 2004 elections and are 4 seats in the 2009 election into 4 seats so that there is an increase of 25%, and in Bantul Regency 2004 election results there are only 5 seats for women, in the 2009 election to 6 people or up 20%. Fourth, the concern that the ruling number 22-24/PUU-VI/2008 inhibit affirmative action policy has not been proven in Daerah Istimewa Yogyakarta (DIY), because the acquisition of women’s seats in parliament and city districts in Daerah Istimewa Yogyakarta (DIY) even more increased when compared to the acquisition in 2004 election.

Pembentukan Mahkamah Konstitusi Sebagai Pelaku Kekuasaan Kehakiman di Indonesia Sutiyoso, Bambang
Jurnal Konstitusi Vol 7, No 6 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

Establishment of the Constitutional Court marks a new era in the power of the judiciary system in Indonesia. Some areas that had not been touched (Untouchables) by law, such as judicial review issues on the Constitution, can now be done by the Constitutional Court, including the authority, other authority provided for in the 1945 Constitution after the amendment. Besides, the existence of the Constitutional Court must also be equipped with a clear organizational structure, adequate procedural law, legal principles and sources of law that the Constitutional Court made reference in carrying out its duties and judicial authority. The emergence of the Constitutional Court as a principal judicial authorities are expected to become entry points which promote the establishment of a modern system of judicial authority in Indonesia.

Pencemaran Nama Baik Melalui Sarana Informasi dan Transaksi Elektronik (Kajian Putusan MK No. 2/PUU-VII/2009) Ali, Mahrus
Jurnal Konstitusi Vol 7, No 6 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

Libel crime is an offence attacking the honor and image of person. There are at least two elements in the libel crime in which a judge has an obligation to prove them, subjective and objective element as well as malice. An offender cannot be blamed for his/her conduct unless he/she commits these elements. In the term of article 27 (3) of electronic transaction and information act no 11 of 2008, its content is still in accordance with the rule of law conception and several articles of Indonesia Constitution of 1945 dealing with some fundamental rights of citizen and the right of freedom to express and to obtain information. State has untitled to make any limitation by prohibiting certain activities attacking the honor and image of person which is based on the same rights of the same freedom.

Implikasi Putusan Mahkamah Konstitusi Nomor 101/Puu-VII/2009 terhadap Pelaksanaan Profesi Advokat di Daerah Istimewa Yogyakarta FH UJB, Pusat Kajian Hukum Konstitusi
Jurnal Konstitusi Vol 7, No 6 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

The research showed that: (1) the response of the lawyers who have not sworn by the high court of Yogyakarta is that the Constitutional Court decision No. 101/PUU-VII/2009 expected to solve the problems KAI advocates, however, the constitutional court decision has not been carried out by competent parties.Recently, the KAI Advocate cannot administering the advocate’s oath in the open court of high court of Yogyakarta (2) the decision of the constitutional court no. No. 101/PUU-VII/2009 was not provide any implications for the organization advocates and implementation of professional lawyers in Yogyakarta, (3) the attitude of judges towards lawyers who are not appointed by the high court in the court’s proceedings, there was no difference attitude compared to the prior existence of the constitutional court decision.Practically, judges allow lawyers who have not sworn to proceed and become a legal counsel at the hearing, the proceedings if the advocate or be accompanied by legal counsel or stuck in a legal advocate and has been sworn in, (4) there was not any action of high court of Yogyakarta as the implementation of the constitutional court decision No. 101/PUU- VII/2009. This is due to the high court of Yogyakarta was not as a party in the constitutional court decision, thus they were not implement the decision.

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Contact Name
-

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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