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INDONESIA
Jurnal Konstitusi
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 10 Documents
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Search results for , issue "Vol 10, No 3 (2013)" : 10 Documents clear
Problematika Penyelesaian Sengketa Hasil Pemilukada oleh Mahkamah Konstitusi Zoelva, Hamdan
Jurnal Konstitusi Vol 10, No 3 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (601.661 KB) | DOI: 10.31078/jk%x

Abstract

When local election is stated as a part of the regime of general election law based on Article 236C of Law No. 12 Year 2008 on Local Government, the authority to settle the dispute on it was transferred from the Supreme Court to Constitutional Court. In the course of its development, the authority of the Court to decide local election dispute does not lie on textual interpretation only which merely rules on  the dispute concerning the result of the election but also on the violations which happened during the election process. It is the constitutional obligation  of  the Court which basically has the purpose to ensure that fair and just election can be held. In practice, lots of problems arose in the organization of the election either concerning regulation, organization or law enforcement. From the Court side, lots  of challenges and obstacles are also faced in settling election dispute. However, that situation does not deter the Court from making legal breakthrough to mend and improve local election system. The steps taken by the Constitutional Court precisely become inevitable and show to a greater extent its character as a court  for constitutional matters with the authority to enforce law and justice as stipulated by  the Constitution.
Hubungan Presiden dan DPR Isra, Saldi
Jurnal Konstitusi Vol 10, No 3 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (498.211 KB) | DOI: 10.31078/jk%x

Abstract

Relation between executive and legislative tends to be intricate. Both parties often do not understand the functions and authorities of their respective institutions. At the end, disputes often emerge in playing their roles. This writing tries to discuss the problems concerning two state institutions: the President and the Parliament. The analysis will also address how both institutions manage themselves constitutionally in order not to solely immerse in political interests.
Perspektif Penegakan Hukum Progresif dalam Judicial Review di Mahkamah Konstitusi Baehaqi, Ja'far
Jurnal Konstitusi Vol 10, No 3 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (492.264 KB) | DOI: 10.31078/jk%x

Abstract

The Amendments of the 1945 Constitution after reformation era brings the consequences of the necessity to adjust legislation under the constitution, either by elaborating new legislation or change the existing ones as well as through the elaboration of the rights to constitutional review against that legislation. On the other hand, the Amendment of the 1945 Constitution introduced the Constitutional Court as a court for constitutional matters of which one of the jurisdictions is to review laws against the 1945 Constitution. Since the beginning, as stated in Law No.24 of 2003 on Constitutional Court, the right to constitutional review has been given half-heartedly. To that fact, the Constitutional Court Law contains: restrictions of laws that may be tested, filing requirements, categorization of the verdict, and the composition of the constitutional judges. In the perspective of progressive law, the Constitutional Court’s ignorance of that restrictions considered as contrary to the constitution itself. However, in certain cases, especially related to the filing requirement for constitutionality review, The Constitutional Court is still locked by the restrictions given by Constitutional Court Law, even it is institutionalized through jurisprudence.
Konstruksi Model Pengujian Ex Ante terhadap Rancangan Undang-Undang di Indonesia W. Nalle, Victor Imanuel
Jurnal Konstitusi Vol 10, No 3 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (531.486 KB) | DOI: 10.31078/jk%x

Abstract

The quality of legislation in Indonesia is often questioned when the Constitutional Court cancels several chapters of a law or even the entire law.  The poor quality of legislation is influenced by powerful political factor in the legislation process. These factors have an impact on unsynchronization of laws with the constitution   or disharmony with other legislation. Ex ante review in this context becomes an alternative way to prevent bad legislation because every bill should be reviewed first. In Indonesian context, the ideal model of ex ante review is not only concerning with the constitutionality, but also harmony with other laws as well as other parameters necessary to produce good  legislation.
Menguatkan Hak Masyarakat Adat Atas Hutan Adat (Studi Putusan MK Nomor 35/ PUU-X/2012) Tobroni, Faiq
Jurnal Konstitusi Vol 10, No 3 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (574.584 KB) | DOI: 10.31078/jk%x

Abstract

If the Government is always consistent to ensure the rights of indigenous  people over ulayat forest, of course there will be no legislation which is contrary to the constitution, because the constitution had always guaranteed it. The Decision of Constitutional Court Number 35/PUU-X/2012 which declares that Article 1 point 6, Article 4  paragraph  (3),  article  5  paragraph  (1),  paragraph  (2), paragraph (3) of Law 41/1999 on Forestry unconstitutional shows  that  there is inconsistency in regulating indigenous forest. In the perspective of human rights, the articles have a spirit of protection of  indigenous  peoples’  rights over ulayat forest which is repressive derogable in nature. Meanwhile, the Constitutional Court decision has the spirit of progressive derogable protection. The first spirit means that because the state could derogate the recognition of ulayat forest if it is incompatible with the development of society and contrary to the principles of the Unitary State of the Republic of Indonesia, then the ulayat forest should be seen as the state forest. In the contrary, the next spirit means that although the state could derogate the recognition based on the preceeding requirements, the ulayat forest should be defined as ulayat forests. The first spirit   is a repressive one because it aims at subordinating ulayat forests in the name of state forests. Meanwhile, the progressive spirit has the character of liberation and empowerment, it aims at removing the term of ulayat forests from state forests.
Problematika Penyelesaian Sengketa Hasil Pemilukada oleh Mahkamah Konstitusi Hamdan Zoelva
Jurnal Konstitusi Vol 10, No 3 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (601.661 KB) | DOI: 10.31078/jk1031

Abstract

When local election is stated as a part of the regime of general election law based on Article 236C of Law No. 12 Year 2008 on Local Government, the authority to settle the dispute on it was transferred from the Supreme Court to Constitutional Court. In the course of its development, the authority of the Court to decide local election dispute does not lie on textual interpretation only which merely rules on  the dispute concerning the result of the election but also on the violations which happened during the election process. It is the constitutional obligation  of  the Court which basically has the purpose to ensure that fair and just election can be held. In practice, lots of problems arose in the organization of the election either concerning regulation, organization or law enforcement. From the Court side, lots  of challenges and obstacles are also faced in settling election dispute. However, that situation does not deter the Court from making legal breakthrough to mend and improve local election system. The steps taken by the Constitutional Court precisely become inevitable and show to a greater extent its character as a court  for constitutional matters with the authority to enforce law and justice as stipulated by  the Constitution.
Hubungan Presiden dan DPR Saldi Isra
Jurnal Konstitusi Vol 10, No 3 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (498.211 KB) | DOI: 10.31078/jk1032

Abstract

Relation between executive and legislative tends to be intricate. Both parties often do not understand the functions and authorities of their respective institutions. At the end, disputes often emerge in playing their roles. This writing tries to discuss the problems concerning two state institutions: the President and the Parliament. The analysis will also address how both institutions manage themselves constitutionally in order not to solely immerse in political interests.
Perspektif Penegakan Hukum Progresif dalam Judicial Review di Mahkamah Konstitusi Ja'far Baehaqi
Jurnal Konstitusi Vol 10, No 3 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (492.264 KB) | DOI: 10.31078/jk1033

Abstract

The Amendments of the 1945 Constitution after reformation era brings the consequences of the necessity to adjust legislation under the constitution, either by elaborating new legislation or change the existing ones as well as through the elaboration of the rights to constitutional review against that legislation. On the other hand, the Amendment of the 1945 Constitution introduced the Constitutional Court as a court for constitutional matters of which one of the jurisdictions is to review laws against the 1945 Constitution. Since the beginning, as stated in Law No.24 of 2003 on Constitutional Court, the right to constitutional review has been given half-heartedly. To that fact, the Constitutional Court Law contains: restrictions of laws that may be tested, filing requirements, categorization of the verdict, and the composition of the constitutional judges. In the perspective of progressive law, the Constitutional Court’s ignorance of that restrictions considered as contrary to the constitution itself. However, in certain cases, especially related to the filing requirement for constitutionality review, The Constitutional Court is still locked by the restrictions given by Constitutional Court Law, even it is institutionalized through jurisprudence.
Konstruksi Model Pengujian Ex Ante terhadap Rancangan Undang-Undang di Indonesia Victor Imanuel W. Nalle
Jurnal Konstitusi Vol 10, No 3 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (531.486 KB) | DOI: 10.31078/jk1034

Abstract

The quality of legislation in Indonesia is often questioned when the Constitutional Court cancels several chapters of a law or even the entire law.  The poor quality of legislation is influenced by powerful political factor in the legislation process. These factors have an impact on unsynchronization of laws with the constitution   or disharmony with other legislation. Ex ante review in this context becomes an alternative way to prevent bad legislation because every bill should be reviewed first. In Indonesian context, the ideal model of ex ante review is not only concerning with the constitutionality, but also harmony with other laws as well as other parameters necessary to produce good  legislation.
Menguatkan Hak Masyarakat Adat Atas Hutan Adat (Studi Putusan MK Nomor 35/ PUU-X/2012) Faiq Tobroni
Jurnal Konstitusi Vol 10, No 3 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (574.584 KB) | DOI: 10.31078/jk1035

Abstract

If the Government is always consistent to ensure the rights of indigenous  people over ulayat forest, of course there will be no legislation which is contrary to the constitution, because the constitution had always guaranteed it. The Decision of Constitutional Court Number 35/PUU-X/2012 which declares that Article 1 point 6, Article 4  paragraph  (3),  article  5  paragraph  (1),  paragraph  (2), paragraph (3) of Law 41/1999 on Forestry unconstitutional shows  that  there is inconsistency in regulating indigenous forest. In the perspective of human rights, the articles have a spirit of protection of  indigenous  peoples’  rights over ulayat forest which is repressive derogable in nature. Meanwhile, the Constitutional Court decision has the spirit of progressive derogable protection. The first spirit means that because the state could derogate the recognition of ulayat forest if it is incompatible with the development of society and contrary to the principles of the Unitary State of the Republic of Indonesia, then the ulayat forest should be seen as the state forest. In the contrary, the next spirit means that although the state could derogate the recognition based on the preceeding requirements, the ulayat forest should be defined as ulayat forests. The first spirit   is a repressive one because it aims at subordinating ulayat forests in the name of state forests. Meanwhile, the progressive spirit has the character of liberation and empowerment, it aims at removing the term of ulayat forests from state forests.

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