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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.

Arjuna Subject : -

Articles 896 Documents

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Hak Warga Negara Dalam Memperoleh Pendidikan Sujatmoko, Emmanuel
Jurnal Konstitusi Vol 7, No 1 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

The state are obliged to ensure a quality education and without discrimination to every citizen, to meet the educational rights of every citizen, in order to produce the output quality of education really qualified. Starting from the lofty goals for the nation’s intellectual life as stated in the opening of the Constitution of 1945, until now, the efforts to develop the intellectual life of the nation seems to still have a lot of obstacles. Increasing numbers of poor families in Indonesia since the economic crisis that hit in mid-1998 and more children are forced (or forced) to beg in the streets and singing when they should be in classrooms to learn. The ignorance is a source of oppression for humanity, if up to this time, the state did not implement its obligations in fulfilling the rights of its citizens to acquire basic education, then the state has violated human rights and constitutional violations.

Penyusunan Program Legislasi Daerah yang Partisipatif Danusastro, Sunarno
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

This research studies and answers the problem concerning the development of participatory Local Legislation Program. In addition it also aims to find out the role of Local Government in developing a participatory Local Legislation Program.This study was a non-doctrinal or empirical law research that was exploratory in nature. The research was taken place in Surakarta. The types of data used were primary and secondary data. The primary data source was obtained from the result of interview with the Meeting and Legislation Division of Surakarta City’s Local Legislative Assembly, Law and Human Right Division of Surakarta City Government, Non Government Organization, and Political Parties related to the development of participatory Local Legislation Program. The secondary data source derived from the law materials involving primary, secondary, and tertiary law materials. Techniques of collecting data used were interview and library study from the books, legislations, documents, and etc. The data analysis was done using an interactive model of qualitative analysis starting with data collection, then data reduction, data display, and finally conclusion drawing.To make a description and perception on the problem, the local government, local legislation, and democratic theories. From the discussion of research result, the following conclusion could be drawn: Democracy is a part of constitutional state of Indonesia characterized by among other community participation in the government as the form of people sovereignty. In the process of developing Local Regulation, the participatory Local Legislation Program occupies a very important position because it can become the reference concerning the scale of Local Regulation draft development priority for 1-year period corresponding to the mandate of Act Number 12 of 2011 about the Legislation Development. For that reason, the local government, in this case Municipal Government and Local Legislative Assembly as the holder of authority of developing Local Legislation Program should pass through the participatory mechanism by involving the people and stakeholders such as Non Government Organization so that the Local Legislation Program yielded was the aspiratory and participatory proposals of Local Regulation Draft and in practice, such the proposals of Local Regulation Draft was developed in planned, integrated and systematic manner.

Implementasi Kewenangan DKPP Pasca Putusan Mahkamah Konstitusi Nomor 115/PHPU.D-XI/2013 Darwis, Muh. Salman
Jurnal Konstitusi Vol 12, No 1 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

The existence of DKPP as one of the administration institutions of elections, causing a variety of problems in the implementation of its authority. This is due to the absence of a sufficiently clear parameters or benchmarks used by DKPP in dealing with the violations of code of conducting for the election. Finally, using the argument of the restorative justice, DKPP takes care ofthe implementation of the election by assigning the couplecandidate of participants forthe election and solves the disputes of determination of couple candidate for the election. The decison of Constitutional Court No. 115/PHPU.D-XI/2013,warns the DKPP to be consisten,adjudicating, and determine the violations of code of conduct in theimplementation of the election. Besides, decisions of DKPP shouldcharacteristically be recommendation and not be final and binding because it inflicts psychological effects forboard of KPU as well as bawaslu that is thefear of dismissal sanction or temporary dismissal and potentially incurring prolongedlaw polemic.

Kewenangan Mahkamah Konstitusi Memutus Perselisihan Hasil Pemilu Sebagai Bentuk Judicialization 0f Politics Satrio, Abdurrachman
Jurnal Konstitusi Vol 12, No 1 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Judicialization of politics are the phenomenon which usually happen in a democratic constitutional state, which cause power movement to resolve problems which related to public policy making and political nature, from the political institution to judicial institution. In Indonesia this phenomenon arise in the authority of the Constitutional Court, especially in the authority of the Constitutional Court when they adjudicate electoral result dispute, whichs so far, most widely submitted cases to the Constitutional Court. But, as a independent and impartial judicial institution the Constitutional Court must restrict to adjudicate the political cases such as electoral result dispute so that this institution would not be politicking object of another branch of government, however judicialization of politics phenomenon is something that Constitutional Court would not avoid, so that this article will examine how important the Constitutional Court to priority judicial restraint principle in order to adjudicate electoral result dispute, so that Constitutional Court would not be politicking object of another branch of government.

Mahkamah Konstitusi dan Pseudo Judicial Review dalam Perkara Pemilukada Nur Rachman, Irfan
Jurnal Konstitusi Vol 12, No 1 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Judicial review is the test act against UUD 1945 that is one authority the constitutional court. In testing legislation affairs, the constitutional court could have cancel or material handling charge article / ayat / part of a statute. But in the legal developments event at the constitutional court, turned in regional head affair how the constitutional court to review (pseudo judicial testing legislation specious) where the constitutional court to do our tests material charge / article ayat / or part of a statute. The research results show that on formil, judicial review the request in the matter of the act of testing and supplication pseudo judicial review in the matter of the results of the upcoming general election strife is different because be set by two types of laws the event under the authority of the different. However, in the context of judicial review of the verdict, construction and construction of pseudo judicial review similarities and differences will be discussed in the article below.

Konsep Negara Berbasis Hak sebagai Argumen Justifikasi Pengujian Konstitusionalitas Undang-undang Kurnia, Titon Slamet
Jurnal Konstitusi Vol 9, No 3 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

This article argues that the concept of right-based State and right-based constitution are substantively the basis or justification for constitutional review of legislation or laws. The constitutionality of laws is determined by the idea that human rights are supreme or superior over the legislature and its legal product. Therefore, the legislature should respect human rights in law-making. This article also rejects the view that hierarchy of laws is the only basis for constitutional review of legislation or laws because this view only explains it formally. This argument cannot be applied to Britain or Israel which does not have a formal constitution.

Tumpang Tindih Kewenangan dalam Penyelesaian Sengketa Perbankan Syariah Jalil, Abdul
Jurnal Konstitusi Vol 10, No 4 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

This paper is going to discuss the decision of the Constitutional Court No. 93/ PUU-X/2012 related to granting of the petition for judicial review of Law No. 21 Year 2008 concerning Islamic Banking (State Gazette of the Republic of Indonesia Year 2008 Number 94, namely Article 55 paragraph (2) and paragraph (3) governing the settlement of disputes with respect to Article 28D paragraph (1) of the 1945 Constitution, which says that the Act should guarantee legal certainty and justice and do not have binding legal force. While in Article 55 paragraph (1), described Sharia Banking Dispute resolution by the court within the Religious Courts, while paragraph (2), stated in terms of the parties’ dispute has betoken than those referred to in paragraph (1), the settlement of disputes in accordance with the contents of the Agreement, then, in paragraph (3) Settlement of disputes referred to in paragraph (2) must not conflict with Sharia. In addition to this, the paper will also question the extent of absolute authority of the Religious Courts institutions related to the settlement of economic disputes shari’a as stipulated in Law No. 3 of 2006 on Religious Courts .

Rekonstruksi Politik Hukum Pidana Nasional (Telaah Kritis Larangan Analogi dalam Hukum Pidana) Tongat, Tongat
Jurnal Konstitusi Vol 12, No 3 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

A paradigm shift in the state of life—especially post the Constitution of the Republic of Indonesia 1945 amendments—have not been fully understood properly. Up to now—included in the lawless life—is still a gap between the paradigm and its implementation . This paradigmatic gap visible example of the lack of a comprehensive implementation of the basic principles of the Constitution of the Republic of Indonesia 1945 in a national criminal law reform ( draft Code of Criminal Law ) . The draft Code of Criminal Law as one form of national criminal law reform is seen has not fully represent constitution demands. Prohibiting the use of analogy in criminal law is still seen at odds with the provisions of Article 1 ( 3 ) of the Constitution of the Republic of Indonesia 1945. The gap is not only paradigmatic potential to cause difficulties in its application, but also potentially the cancellation clause in the legislation concerned.

Legal Reasoning Pada Perkara Pengujian Undang-Undang (Studi Perbandingan) Hardjaloka, Loura
Jurnal Konstitusi Vol 12, No 1 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Article 24 C of Third Amendment of Constitution Law 1945 is the basis of the Constitutional Court to give the final and binding decision in terms of law examination against Constitution Law 1945. Constitutional Court has a restriction to not examine the nebis in idem case unless there is a different substance of Constitutional Law 1945 which is used as the based of examination. In this paper, there are 12 (twelve) Constitutional Court’s decisions on law re-examination against the Constitutional Law 1945 because using different substance of Constitutional Law 1945 as the based of examination. Based on the research, which has been conducted, there are legal reasoning differences in accepting and deciding the cases which have been decided previously which the Court uses different legal interpretation and construction in deciding the case. Thus, this paper will examine and compare legal reasoning methods which are used in deciding the case.

Telaah Kritik Atas Putusan Mahkamah Konstitusi dalam Perkara Perselisihan Hasil Pemilukada Provinsi Jawa Timur Ekatjahjana, Widodo
Jurnal Konstitusi Vol 8, No 1 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

Decision of Constitutional Court of Number 41/PHPU.D-VI/2008 is a controversial judicial decison in practices of Constitutional Court in Indonesia. The decison had legal basis of Law of Number 18 of 2008 that against formally with the Constitutions of 1945. Nevertheless, in fact, inconstitutional practice of the court system has taken legitimacy source of convention. It is very important for development of constitutional law enforcement in Indonesia, that the decision was not only show how the Constitutional Court improves its constitutional authorities to handle disputes of regional head election result in Indonesia, but also that was first time how the Constitutional Court has brought its justice paradigm change toward process of substantial justice and law enforcement.

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Journal Mail Official
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Jl. Medan Merdeka Barat No. 6. Jakarta 10110

Location
Kota adm. jakarta pusat,

Dki jakarta

INDONESIA