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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 896 Documents

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Implikasi Pengaturan Lingkungan Hidup terhadap Peraturan Perundang-Undangan dalam Kegiatan Bisnis (Perspektif Konstitusi) Ansari, Muhammad Insa
Jurnal Konstitusi Vol 11, No 2 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

In the Act of 1945 (before amendment) environment is part and Chapter XIV of the National Economy and Social Welfare, precisely in Article 33 paragraph (3). After the amendment, the environment gets the settings in Chapter XA of Human Rights, which in Article 28H (1) and Chapter XIV of the National Economy and Social Welfare, which in Article 33 paragraph (3) and (4). Environmental settings in the constitution of course have implications for legislation, including legislation business activities. There are a number of regulations of business activities that have included environmental material in it. Law No. 40 of 2007 on Limited Company is a business law institutions that have incorporated environmental material. While the laws governing business activities have included environmental material of which is Law No. 25 of 2007 on Investment, Law No. 10 of 1998, and a number of other legislative business activities.

Hukum dan Keadilan Sosial dalam Perspektif Hukum Ketatanegaraan Sumadi, Ahmad Fadlil
Jurnal Konstitusi Vol 12, No 4 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Law in this discussion is the law that is deliberately formed (by designed) by the state, not the law that occurs naturally in the society, which constitute the crystallization of human interaction within the society as the subject of law. Law is known as the common law or customary law and the second is the religious law, in particular, Islam with its Islamic law. The process of formation of common law or customary law is from the bottom upward (bottom-up process) while the establishment of islamic law is from top to bottom (top-down). The same as the nature of the process of formation of Islamic law is the in question in this discussion, which is the law called state legislation, or which is also usually known as laws and regulations. The only difference is, Islamic law is made by God, Allah SWT, while the maker of statutory laws is a state institution of which the major function is to make laws (legislative power). Legislation is interrelated to with humanity and justice, both in the establishment, implementation, and enforcement. This can be proven by tracing since the establishment of the state, particularly Indonesia, because the law is one of the implementation of state functions. State is established on the basis of motivation associated with humanity and justice, so that the objectives and the foundations are also related to humanity and justice. The State and the law is an instrument of humanity and justice, therefore, state and law must be related to humanity and justice, and thus, also would not be enough in the instrumental perspective, the state and the law itself without humanity and justice in serving the society.

Tafsir Putusan Mahkamah Konstitusi Tentang Sengketa Kepemilikan Pulau Berhala Risnain, Muh.
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

The Decicion of Constitutional Court concerning Berhala Island not a dispute of property belonging under civil law. This dispute are constitutionality of the law concerning establishsing a new local government to the UUD 1945. Under Decicion of Constitutional Court in case No. 32/PUU-X/2012 and No. 62/PUU-X/2012 judge of Constitutional Court interpretation law about establishsing a new local government not based on legal constitutionality of that law to the UUD 1945. The interpretation of judge of Constitutional Court based on recognition and respective to high court decicion in case judicial review about Berhala Island.

Peran Putusan Mahkamah Konstitusi dalam Perlindungan Hak Asasi Manusia terkait Penyelenggaraan Pemilu M. Gaffar, Janedjri
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Constitution, as the supreme law, is created to protect human rights. Constitution contains basic principles of state administration and citizens rights that have to be protected. In relation to the citizens political rights, election is related to Human Rigts matters. Election administration constitutes manifest acknowledgement of human rights in the life of the nation. Democratic election can be carrried out if there protection of human rights is guaranteed. One of the holders of judicial power that plays roles in providing human rigths protection through its decision is Constitutional Court (CC). The Court carries out the function as the guardian of the constitution, the final interpreter of the constitution. Besides, the Court also functions as the guardian of democracy, the protector of citizens’ constitutional rights and the protector of human rights. The function of the Court as the protector of human rights constitute consequence of the incorporation of Human Rights as the substance of the constitution. The endeavour of the Court to protect human rights can be perceived from some of its decisions either in the case of judicila review of laws or settlement of local election disputes which are, inter alia, restoration of the right to vote for the former members of Indonesian Communist Party, the right to vote for certain ex-prisoners, the granting of rights to be candidate for parties that do not have seat in the parliament, the right to be candidate for individual independent citizen in local election, protection of rights for incumbents, the right to vote that is free from threat and terror, protection of the right to be candidate thta is free from the act of impediment and recognition of mechanisms that are recognized in customary law.

Implikasi Putusan MK No. 102/PUU-VII/2009 Terhadap Pelaksanaan Pemilihan Kepala Daerah (Studi di Kabupaten Malang dan Kota Pasuruan) FH-Universitas Brawijaya, Pusat Kajian Konstitusi
Jurnal Konstitusi Vol 8, No 1 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

The Constitutional Court Decision No. 102/PUU-VII/2009 has provided new scope in the implementation of democratization process in Indonesia. The decision has simplyfied the administrative requirement of voters in the Presidential Election held in July 8th 2009, which is the permit to use the Citizen Identification Card (KTP) and Passport as voter identification requirement in voting day. This regulation more or less have strengthen the guarantee of citizen’s rights in this democratic event. The Court decission No. 102/PUU-VII/2009, implicated in building argumentations which related to the Local Election Commision attitudes and policies in resolving problems which occurs in the Fixed List of Voters (DPT) in the event of local elections.

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.

Politik Hukum Perekonomian Berdasarkan Pasal 33 UUD 1945 Syahuri, Taufiqurrohman
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Article 33 of the 1945 Constitution of the Republic of Indonesia regulates on National Economy and Social Welfare. Thoughts and ideas of the founding fathers in drafting that article can be traced through the study of Political Law. The study was conducted by using historical approach to explore the ideas of the framers when drafting that article. Thoughts and ideas of the framers are the object of analysis in this essay. They are among other things: first, the seriousness of the state in protecting the entire nation and the homeland based on the concept of unity in a real effort to bring about social justice; second, the concept of “Social Welfare” is intended to guarantee the welfare to the state/government and all the people; third, the framers who are committed and convinced that the ideals of social justice in the economy can achieve equitable prosperity; fourth, the framers requires that the state only do the maintenance (bestuursdaad) and process (beheersdaad), instead of proprietary (eigensdaad).

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.

Perubahan Konstitusi Melalui Putusan MK: Telaah Atas Putusan Nomor 138/PUU-VII/2009 Wardaya, Manunggal K.
Jurnal Konstitusi Vol 7, No 2 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

The Constitutional Court’s decision state that the authority to examine Perpu is a positive new development in constitutional law not just Indonesia that not only binds the parties, but the jurisprudence of the constitutional law in Indonesia, with the decision, to the possibility of abuse of power through Perpu and systemic weaknesses in the UUD 1945 in overseeing the president is to be anticipated product which itself also will give more legal protection for the seeker of justice, the ruling which states the The Constitutional Court’s authorities to examine Perpu in testing comes as the functioning of the judiciary as an organ which not only uphold the law but also justice, by therefore, the decision was inspiring for judicial power in Indonesia to capitalize on his power to find justice.

Mengembalikan Kewibawaan Mahkamah Agung Sebagai Peradilan Yang Agung Machmudin, Dudu Duswara
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Authority, protection, legal certainty and justice are absolute requirements for a country which is based on law. All judges should endeavor to harmonize justice based on the provisions of law (legal justice), justice based on morality (moral justice) and justice based on the will of the people (social justice). Supreme Court as the highest of all courts in the country should be filled with Justices who act as the reformer of law to realize clean court. The great authorities and duties the justices have require a high degree of responsibility in order that the decisions issued are for the sake of justice and in the Name of God Almighty. This denotes that law enforcement, truth and justice must be accounted for either to human or God. Supreme Court Justices are expected to integrate the three concept of justices in order that harmonization of legal responsibility and social satisfaction which is built on morality based on goodness and badness as the standard can be realized. As the Reformer of law, Supreme Court Justice should be able and have the courage to make breakthrough which is not against the law and social justice and the morality itself.

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