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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 10 Documents

Search results for , issue "Vol 19, No 3 (2022)" : 10 Documents clear

The Relationship between DKPP and PTUN Decisions regarding Ethical Violation by General Election Administrators Ahmad Siboy; Dewi Cahyandari
Jurnal Konstitusi Vol 19, No 3 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

The commissioner of the general election administration was discharged through the decision of the General Election Administrator Honorary Council (DKPP). The decision is not final and binding at the executive branch, considering that the decision can be cancelled by the Administrative Court. This study aims to define the authority of DKPP and PTUN in resolving ethical violations committed by election administrators and parse the implications and relationships of the decisions of the two institutions. This paper also proposes an ideal concept for the design of solving ethical violations of election administrators in the future. This study uses normative juridical methods. The results showed that the DKPP and PTUN have overlapping authority but with different decisions. DKPP purely adjudicates ethical issues, and the Administrative Court adjudicates the Presidential Decree, which is a follow-up to the DKPP decision. To avoid conflicting decisions on cases that intersect, violations of the code of ethics in the future must be resolved with a settlement mechanism by the judiciary.

The Absence of Constitutional Court’s Decision Follow Up: Is it A Loss? Vera Wheni S. Soemarwi; Yeremia Wijaya; Arthuro Richie Gunawan
Jurnal Konstitusi Vol 19, No 3 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

The establishment of the Constitutional Court as the guardian of constitution that protects the citizens’ human rights gives hope for the implementation of “rule of law” principle. The Constitutional Court is expected to play a big role in upholding and protecting the citizens’ constitutional rights through each of its decisions. This expectation has become meaningless since Article 59 (2) of Law Number 8/2011 is declared to have no binding legal force by the Constitutional Court Decision Number 49/PUU-IX/2011. What are the impacts of the elimination of Article 59 (2) which has been formulated in Law Number 7/2020? This research is socio legal studies that uses secondary data that are collected through literature study. The elimination of Article 59 (2) in Law Number 7/2020 shows violation of the rule of law principles. In addition, the legislation products which are legitimized based on Law Number 7/2020 are unable to guarantee the citizens’ constitutional rights.

The Legitimacy Death Penalty Application of Certain Conditions in the Anti-Corruption Law Rodes Ober Adi Guna Pardosi; Yuliana Primawardani
Jurnal Konstitusi Vol 19, No 3 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

This article discusses the imposition of the death penalty as stipulated in article 2 paragraph (2) of the Corruption Eradication Law for perpetrators of criminal acts of corruption that are deemed to be detrimental to the State and can have a wide impact on the lives of many people. In this case, there are many pros and cons related to the imposition of the death penalty as stipulated in article 2 paragraph (2) of the Corruption Eradication Law, especially in the sentence “Certain conditions” in that article which are related to the corruption of social assistance funds for handling Covid-19. Apart from that, this article is also considered to be against the Government’s obligations in the effort to respect, protect and fulfill human rights. This article concludes that this article cannot fulfill the juridical aspect of prosecuting corruption actors because it is not included in the requirements of “certain conditions” and is also considered unconstitutional because it is not in accordance with the constitution, which provides protection for a person’s right to life. The imposition of the death penalty has also been proven to be inappropriately used in eradicating corruption, as seen in the 2019 Corruption Perception Index.

The Proposal of Constitutional Complaint for the Indonesian Constitutional Court Nindry Sulistya Widiastiani
Jurnal Konstitusi Vol 19, No 3 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

The research focuses on the proposal of a Constitutional Complaint for the Indonesian Constitutional Court. The background causes of the constitutional weakness to protection and fulfilment of constitutional rights, especially the absence of a Constitutional Complaint mechanism. Research methods used normative legal research methods with statutory, analytical, and case approaches. The study results show that legal thinking, including an embodiment of the values of constitutionalism in the rule of law of Pancasila, complements a checks and balances system, the basis for protecting fundamental rights, and aims to realize good governance. There are several steps/ methods to giving this authority, amendments to the 1945 Constitution, non-original interpretations, and revision of the Constitutional Court Act. Several objects of dispute are the Court’s verdict, the problems of interpreting the 1945 Constitution and law by a state official, People Consultative Assembly decisions, and others.

Observing The Differences in Constitutional Court Decision About the Legal Age of Marriage Mia Hadiati; Febriansyah Ramadhan
Jurnal Konstitusi Vol 19, No 3 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

In 2014–2017, there were two tests of the same norms in the Marriage Law, namely the Constitutional Court Decision Number 74 / PUU-XII / 2014 and 22 / PUU-XV / 2017. However, there is a difference in the verdict between one judgment and the next. In Constitutional Court Decision Number 22/PUU-XV/2017, the Constitutional Court changed the previous stance that stated that the age limit norm was constitutional, changing it to unconstitutional, which led to the follow-up of the lawmakers to revise the Marriage Law. This study will compare judges' considerations in the decisions of Constitutional Court Number 74 / PUU-XII / 2014 and Number 22 / PUU-XV / 2017. It will be sought against the Constitutional Court's background changing its stance from one ruling to the next. This research uses normative research methods with a conceptual and philosophical approach to legislation. The results showed that the difference underlying the two rulings was in the excavation of legal sources by judges in their legal considerations.

Relevansi Monisme dan Dualisme Bagi Pemberlakuan Perjanjian Internasional di Indonesia Intan Permata Putri; Rima Yuwana Yustikaningrum; Ananthia Ayu Devitasari
Jurnal Konstitusi Vol 19, No 3 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

The application of treaty is still influenced by different views on the approach chosen by Indonesia, whether monism or dualism. By using normative method, this study questions the relevance of monism-incorporation and dualism-transformation approaches in determining the application of treaty. Two key aspects will be reviewed, namely parliamentary approval and the drafting of national regulations to implement treaty. It concludes that the dichotomy of monism and dualism has various limitations, and is irrelevant for determining the application of treaty. Parliamentary approval is required for treaty application, both in monist and dualist countries. Several dualist countries have even sought parliamentary approval before ratification can take place. The formulation of national regulations is common in monist and dualist countries. Not to fulfill theoretical demands in line with the monism and dualism approaches, but to ensure harmonization and the ability of state to carry out its obligations.

Parate Executie dalam Fidusia Menurut Ratio Decidendi Putusan Mahkamah Konstitusi Rumawi Rumawi; Udiyo Basuki; Mellisa Towadi; Supianto Supianto
Jurnal Konstitusi Vol 19, No 3 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

This article aims to analyze legal subjects whose rights have been violated by the Fiduciaire Act. The Act law can be revoked by the Constitutional Court. The act that violates the rights of subjects is the rule in the provisions of parate executie on Fiduciaire Act. The first analysis is the ontology of parate executives that inflict certain subjects, and the second analysis is the ratio decidendi decision of the Constitutional Court Number 18/PUU-XVII/2019. This paper uses dogmatize analysis. The decisions of the Constitutional Court are analyzed with the doctrine of experts and regulations. Parate execution is a right attached to the recipient fiduciary which can exercise if the fiduciary giver breaks the commitment. Collateral is auctioned through a public offering submitted by the recipient of guarantee. Default by a fiduciary giver occurs if there is an agreement between the giver and the fiduciary recipient. Default occurs based on legal remedies in determining the default. The agreement of the collector with the fiduciary acquirer, the emergence of a broken pledge experienced by the fiduciary giver can give birth to a parate executie.

Karakteristik Pemakzulan Presiden di Indonesia Catur Alfath Satriya
Jurnal Konstitusi Vol 19, No 3 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

One of the features of the presidential system is the process of presidential impeachment. Before the amendment, Indonesia did not have a clear mechanism to impeach the president in the middle of his term. The impeachment of the president is determined by a majority vote in the People’s Consultative Assembly. This is a problem because the impeachment of the president only uses a political process, and there is no legal process in it. After the amendment, the presidential impeachment concept was born that in a presidential system, the president cannot be dismissed only through a political process; there must be a legal process before the political process. Based on the analysis, the process of presidential impeachment in Indonesia does not follow the principle of checks and balances. This is because the impeachment process for the president in Indonesia does not involve the second chamber in the process

Constitutional Issue of the Executional Power of Fiduciary Certificates as Equal to Court Decision Elisabeth Nurhaini Butarbutar
Jurnal Konstitusi Vol 19, No 3 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

The enactment of the Fiduciary Guarantee Law is expected to be able to answer problems in the financing business, but it causes a loss of constitutional rights because it equalizes the executorial power of a judge's decision legally binding with fiduciary certificates. The analysis was carried out by Constitutional Court Decision Number 18/ PUU-XVII/2019; the was carried out by document study and analyzed prescriptively and descriptively. The results showed that the normative basis of the executive power on the fiduciary certificate was born from an agreement registered. So that it can be used as perfect evidence to prove the debtor in breach of contract, and the judge's legal consideration to declare the inconsistent provisions tested are based on not the existence of legal certainty in determining the time of breach of contract (default) and the mechanism for the execution of the Fiduciary Certificate

Ratio Legis Pembatasan Kedudukan Hukum bagi Pembentuk Undang-Undang dalam Pengujian Undang-Undang Fence Wantu; Novendri Mohamad Nggilu; Suwitno Imran; Rahmat Teguh Santoso Gobel
Jurnal Konstitusi Vol 19, No 3 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

The discourse on limiting the legislators standing to submit a constitutional review is not an entirely new issue to analyze. However, these things still need to be examined to explore the legal ratio of limitation of the legislator’s standing to submit a constitutional review by the Constitutional Court. This research specifically answers the questions: (a) how are the dynamics of the use of the legislators standing in the constitutional review? (b) what is the legal ratio for limiting legislators standing in the constitutional review? This study uses a normative legal research method by analyzing secondary data in the form of legislation, the Constitutional Court decisions, and literature related to legislators standing to submit the constitutional review. The results of this study indicate that the legal ratio limiting legislators’ standing can be traced through the legal considerations of the Constitutional Court decisions from 2003-2019.

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
jurnalkonstitusi@mkri.id

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

Location
Kota adm. jakarta pusat,

Dki jakarta

INDONESIA