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Tinjauan Hak Konstitusional terhadap Korban Bencana Lumpur Lapindo Minanda, Evy Flamboyan; Juniati, Tria
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

Events ‘Lapindo Mud’ in Sidoardjo shocked Indonesian society. In the case of this mud volcano, Lapindo allegedly “intentionally save ‘operational costs by not installing casing. When viewed from an economic perspective, the decision affects the installation of the casing to the costs incurred Lapindo. This case has caused harm to residents Siduardjo. This case is just one case, of cases in the field of environmental law that led to disaster for the people of Indonesia. Constitution of the Republic of Indonesia Year 1945 is to include environmental provisions in it, then followed the birth of Law Number 24 Year 2007 on Disaster Management. At the time of this disaster happened, the setting of environmental management regulated in Law Number 23 Year 1997. Are there provisions that already reflects the constitutional rights of disaster victims?Does the presence of the law could meet the challenge? How is its implementation? What about law enforcement?

EKOLOGI KONSTITUSI: Antara Rekonstruksi, Investasi Atau Eksploitasi Atas Nama NKRI Mukhlish, Mukhlish; Lutfi, Mustafa
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

This state is basically recognized as a rich state, either in term of ecological side or in term of cultural potency and ideological varieties, as the inheritance of motherland. However, this is so sad when we ironically saw a bunch of tragedies which are tragically occurred, start from tsunami, and other issues such as the scandal of century that seems to be unsolved! Moreover, nowadays, the environmental problem has occurred and reached its highest culmination point. The environmental destruction and pollution process have uncontrollably happened. Noting so many catastrophes happened anywhere in this state; such as floods, landslides, earthquakes, lapindo mud tragedy, roads vanishing, illegal logging, forest function shift, and many others, is so an ironic thing. These all catastrophes become such a sign of inharmonic relationship exist between the state, human and the environment. Then, should we always blame these disaster s for the governments’ fault that, in such this multidimensional crises and demoralization that full of utopia and ironical images, seems to be unaware of their main position? The law is neutered and naked from its constitutional essence. This terrible condition can be impossibly happened when our representatives in the government are loyally take taken a side of the important of their party through the political campaign appointments which seem to face stagnation in its implementation and not loyal to the true mandator. Perceiving this such phenomenon, we need not only a kind of law penetratin that progressifely and integratifally can become an elegant problem solving for achieving of the aims of ongoing developmnet that can fully protect the importance of the environment and human life intentions but a moral forces and people power that should be continuallly implemented. Hence, the urgency of law management, ecological tutorial awaraness and the success of environmetal living management in term of national law development, becomes a final destination of this writting. Moreover , this writing is a kcorrection of the unclear control and maintenanceof the law of environmental administration.

Konstitusi Hijau Perancis: Komentar atas asas Kehati-hatian dalam Piagam Lingkungan Perancis 2004 Wibisana, Andri G.
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

France is the first country that incorporates the precautionary principle into its constitution, via the 2004 Charter for the Environment. Based on the way the principle is formulated in the Charter, this paper attempts to show whether such an incorporation of the principle into French Constitution should be welcome as a progressive move. In addition, the paper demonstrates how the precautionary principle has been developed and adopted in various international environmental agreements or declarations. The paper also compares the French version of the principle with the development of the precautionary principle in Indonesian environmental law. The papers shows that interpreting the precautionary principle as risk assessment is not consistent with the intention of developing the precautionary principle, because risk assessment as currently conducted is plagued with a technocratic approach. The practices of risk assessment have oversimplified the situation of incertitude as merely risk, and consequently, has the potential to ignore public opinion and participation in the decision making process. In this sense, the French version of the precautionary principle is not quite progressive. In contrast, one Indonesian interpretation of the precautionary principle has moved beyond the issue of risk assessment. Such an interpretation, stemming from the court rulings on the Mandalawangi case, combines the precautionary principle with strict liability, by imposing liability to those who fail to take precautionary measures against uncertain damage.

Perkembangan konstitusionalitas Penguasaan negara atas sumber Daya alam Dalam Putusan mahkamah konstitusi Arizona, Yance
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

The economy is based on democratic economy, prosperity for everyone! Therefore, any types of production those are important for the state and mastering of many people must be controlled by the state. Otherwise, the reins of production fell into the hands of powerful parties and the people become oppressed. That is the original meaning of Article 33 of Indonesia Constitution based on formal explanation of the first Indonesia Constitution. But after the formal explanation was removed, the explanation of Article 33 no longer refers to the original meaning was set up by the framer constitution. This paper discusses the development of the interpretation of Article 33 in ‘new space’ as seen from decisions of the Constitutional Court in examining the laws over the constitution. To show how the interpretation of Article 33 by the Constitutional Court, particularly regard to the conception of state control over natural resources, this paper discuss eleven decisions of Constitutional Court dealing to review several natural resources laws.

Pasang Surut Komisi Yudisial: Kreasi, resistensi dan restorasi Illiyina, Umi
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

In The Federalist Papers (1787), James Madison said: “If the angels to govern men, then the internal and external monitoring is not necessary”. In other words, the control is absolute. Supervisory authority weaknesses of the institution in vast expanses of the judiciary, as well as pave the way for the “dictatorship of the courts”. The Judicial Commission is present to prevent the dictatorship of the Court. With all the hope and resistance to the Judicial Commission, it remains a small candle in the corner of a coveted judicial building clean, independent and authoritative.

Antara Cita-cita Konservasi dan Kerentanan Masuk Sandera Eksploitasi (Kajian Atas Beberapa Judicial Review terhadap UU Kehutanan) Tobroni, Faiq
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

This paper aims to discuss some decisions of the Constitutional Court on judicial review of the Forestry Law. There are both positive and negative. A positive decision, to my opinion, can seen in No 013/PUU-III/2005 and No 021/PUU-III/2005. The reason I regard as a positive is based on the consequences of decision, which legitimates article about the ban on illegal logging in forests and the confiscation of equipment for stealing wood as constitutional ones. It is supporting conservation.A decision that negatively affects the spirit of conservation is noted in decision No. 003/PUU-II/2005. This ruling tends to prioritize legal certainty for mining companies to resume an open mine system in the preserved forestry. The author saw this one as reflection of the legal policy construction on forestry law that is taken hostage by exploitation interests.This paper, furthermore, tries to uncover the legal policy construction on forestry law as the base of problem sources. Therefore, the author needs to search for not only informations which are in the textual decision, but also ones are beyond it. The larger model of legal policy can be seen from the process of determining emergency condition when formulating the Stipulation of Government Regulation in Lieu of Law (Perpu), then when changing the Perpu become law, and government regulations concerning forestry post-decision of the Court Number 003/PUU-II/2005.The advantage of this paper is on efforts to uncover the source alignments of forestry law on the big corporation based on decision number 003/PUU-II/2005. It to know this source that could be an important basis to understand why decision of the Constitutional Court on the preserved forest is taken hostage.

Menegakkan Demokrasi dan Konstitusionalitas Pemilihan Umum Kepala Daerah Puspitasari, Sri Hastuti
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

The Constitutional Court was not born only to maintain and uphold the Constitution, the Constitutional Court will continue to defend democracy was thus born. Because of the elections is now entered the realm of the general election regime, constitutionally, the authority of the Constitutional Court to resolve election disputes are the results in the paragraph of article 24C sub section (1) the 1945 Constitution of the State of the Republic of Indonesia. Only then the legitimacy of the formal authority of the Constitutional Court explicitly mentioned in the general election dispute referred to in article 236C of the law number 12 year 2008, concerning the amandment of law number 32 of 2004. In the settlement of the election dispute General, the Court not is based only on the results of the calculation of quantitative of the number of votes have been counted, but the Court made a breakthrough that the calculations which, if it is that there is a difference in the calculation of the noise exposure of the door to manipulation that is structural systematic and massive, then the role of democratization and the Court to defend the constitutionality of the general election that is an essential step to bring into the substantive justice

Tinjauan Hak Konstitusional terhadap Korban Bencana Lumpur Lapindo Evy Flamboyan Minanda; Tria Juniati
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Events ‘Lapindo Mud’ in Sidoardjo shocked Indonesian society. In the case of this mud volcano, Lapindo allegedly “intentionally save ‘operational costs by not installing casing. When viewed from an economic perspective, the decision affects the installation of the casing to the costs incurred Lapindo. This case has caused harm to residents Siduardjo. This case is just one case, of cases in the field of environmental law that led to disaster for the people of Indonesia. Constitution of the Republic of Indonesia Year 1945 is to include environmental provisions in it, then followed the birth of Law Number 24 Year 2007 on Disaster Management. At the time of this disaster happened, the setting of environmental management regulated in Law Number 23 Year 1997. Are there provisions that already reflects the constitutional rights of disaster victims?Does the presence of the law could meet the challenge? How is its implementation? What about law enforcement?

EKOLOGI KONSTITUSI: Antara Rekonstruksi, Investasi Atau Eksploitasi Atas Nama NKRI Mukhlish Mukhlish; Mustafa Lutfi
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

This state is basically recognized as a rich state, either in term of ecological side or in term of cultural potency and ideological varieties, as the inheritance of motherland. However, this is so sad when we ironically saw a bunch of tragedies which are tragically occurred, start from tsunami, and other issues such as the scandal of century that seems to be unsolved! Moreover, nowadays, the environmental problem has occurred and reached its highest culmination point. The environmental destruction and pollution process have uncontrollably happened. Noting so many catastrophes happened anywhere in this state; such as floods, landslides, earthquakes, lapindo mud tragedy, roads vanishing, illegal logging, forest function shift, and many others, is so an ironic thing. These all catastrophes become such a sign of inharmonic relationship exist between the state, human and the environment. Then, should we always blame these disaster s for the governments’ fault that, in such this multidimensional crises and demoralization that full of utopia and ironical images, seems to be unaware of their main position? The law is neutered and naked from its constitutional essence. This terrible condition can be impossibly happened when our representatives in the government are loyally take taken a side of the important of their party through the political campaign appointments which seem to face stagnation in its implementation and not loyal to the true mandator. Perceiving this such phenomenon, we need not only a kind of law penetratin that progressifely and integratifally can become an elegant problem solving for achieving of the aims of ongoing developmnet that can fully protect the importance of the environment and human life intentions but a moral forces and people power that should be continuallly implemented. Hence, the urgency of law management, ecological tutorial awaraness and the success of environmetal living management in term of national law development, becomes a final destination of this writting. Moreover , this writing is a kcorrection of the unclear control and maintenanceof the law of environmental administration.

Konstitusi Hijau Perancis: Komentar atas asas Kehati-hatian dalam Piagam Lingkungan Perancis 2004 Andri G. Wibisana
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

France is the first country that incorporates the precautionary principle into its constitution, via the 2004 Charter for the Environment. Based on the way the principle is formulated in the Charter, this paper attempts to show whether such an incorporation of the principle into French Constitution should be welcome as a progressive move. In addition, the paper demonstrates how the precautionary principle has been developed and adopted in various international environmental agreements or declarations. The paper also compares the French version of the principle with the development of the precautionary principle in Indonesian environmental law. The papers shows that interpreting the precautionary principle as risk assessment is not consistent with the intention of developing the precautionary principle, because risk assessment as currently conducted is plagued with a technocratic approach. The practices of risk assessment have oversimplified the situation of incertitude as merely risk, and consequently, has the potential to ignore public opinion and participation in the decision making process. In this sense, the French version of the precautionary principle is not quite progressive. In contrast, one Indonesian interpretation of the precautionary principle has moved beyond the issue of risk assessment. Such an interpretation, stemming from the court rulings on the Mandalawangi case, combines the precautionary principle with strict liability, by imposing liability to those who fail to take precautionary measures against uncertain damage.

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Editorial Address
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Location
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Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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