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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 dan Implementasi Putusan Mahkamah Konstitusi Nomor 5/Puu-X/2012 tentang SbI atau RSbI Laksono, Fajar; Wijayanti, Winda; Triningsih, Anna; Mardiya, Nuzul Qur’aini
Jurnal Konstitusi Vol 10, No 4 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Constitutional Court Decision No. 5/PUU-X/2012 is very important and interesting to be studied because due to its implications and implementation. Ministry of Education and Culture as the addressat of the decision make transitional policy regarding on how to eliminate the policy concenring International Standard School/ International-Standard School Pilot Project (SBI/RSBI). In fact, transitional policy is not addressed and does not have a legal basis in the implementation of the decision. There is a conflict between the normative provisions that Constitutional Court Decision are binding since pronounced in an open session for the public with the certainty of cross-state agency collaborative cooperation to implement the Court Decision. Therefore, there’s a need to investigate this Decision at the practical leve on how the decision is implemented. This research is doctrinal in which the object of the research is laws and regulations and other legal materials, in this case, the Constitutional Court Decision No. 5/PUU-X/2012. In addition, field studies are also conducted by way of searching mass media news which is important to be done in order to know the response of the public on how to implement the Constitutional Court Decision No. 5/PUU-X/2012. The results showed that (1) the implications of the Constitutional Court Decision No. 5/PUU-X/2012 is that it eliminates the legal basis of RSBI policy. Consequently , the implementation of SBI/ RSBI should be stopped because it has lost its legal basis since the judgment is pronounced. In addition, the Government through the Ministry of Education and Culture, shall implement the decision, including to repeal or revise the technical regulations that become legal framework of RSBI, (2) The implementation of the Constitutional Court Decision No. 5/PUU-X/2012 can be seen in two categories, namely: (a) spontaneous implementation, which is implementation by some education authorities and the schools themselves by removing the attributes of SBI/RSBI shortly after the Constitutional Court’s decision was pronounced, without waiting for further instruction by Ministry of Education and Culture, and (b) a structured implementation through the Ministry of Education and Culture by issuing Circular of Minister of Education and Culture No. 017/MPK/SE/2013 about RSBI Transition Policy. Although this policy is contrary to normative-imperative provisions, the measure taken by the Ministry of Education and Culture to establish a transition policy is the most probable step taken in order that the Constitutional Court Decision No. 5/PUU-X/2012 can be implemented as it should be.

Ideologi Welfare State Konstitusi: Hak Menguasai Negara Atas Barang Tambang Marilang, Marilang
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Failures indicated by countries with individualistic capitalist liberal ideology (the classical rule of law state) and those with socialist ideology spawned welfare state ideology that seeks to combine the principles of the rule of law with the principles of the socialist state which adopts the ideology that the state no longer functions as simply an instrument of power but is seen as a tool of service (an agency of service) in the form of policy-making, making arrangements, administration, management and supervision of mining products. Welfare state ideology is adopted by our constitution, so that the mandate of the 1945 Constitution, Article 33 paragraph (3) to the statewhich becomes the main tasks of the government in managing mining goods opens wide opportunities to realize maximum benefit for the people.

Memaknai Kecenderungan Penyelesaian Konflik Batas Wilayah Ke Mahkamah Konstitusi Soeroso, Fajar Laksono
Jurnal Konstitusi Vol 9, No 3 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

The trend of border conflict resolution to the Constitutional Court is interesting to analyzed. This analysis founded three interesting things that the Supreme Court decision did not resolve the problem but it raises a new problem, the precedent decision of the Constitutional Court may cancelling the Supreme Court decision, and the trial process in Constitutional Court felt more fair and openess. From its trend emerging of new legal loophole, which the parties became adressat Supreme Court decision not run a Supreme Court decision. This legal loophole seemed to justify the unlawful acts because the Supreme Court decision has binding and should be implemented.This trend is not a question of rivalry between the Supreme Court and Constitutional Court, but rather about how the judiciary presents a reliable judicial process and is believed by the justice seekers so that decisions can resolve the problem and implemented.

Tafsir Misoginisme dan Inkonsistensi Birokrat (Implikasi Putusan MK No. 4/PUU-VIII/2010) Wahid, Abdul
Jurnal Konstitusi Vol 8, No 2 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

The verdict of Constitutional Court (MK) Number 4/PUU-VIII/2010 can be described as a verdict blocking chances for the civil servant (Pegawai Negeri Sipil) to represent himself/herself as the head of executive in the district such as governor, mayor, regent, and any others in the mayor general election (Pemilukada) because one of the prerequisites to be a civil servant must be followed by a resignation letter. This prerequisite cannot be considered as a form of discrimination and injustice for the civil servant, yet as a kind of protection through the strategic role of the civil servant. If the civil servant still keeps going on its track, as a bureaucracy devotee, then people’s civil rights must have been fulfilled.

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.

Sikap Kritis Negara Berkembang terhadap Hukum Internasional M. Gaffar, Janedjri
Jurnal Konstitusi Vol 10, No 2 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

International law is a political instrument of developed states to intervene developing states. Law can function for numerous interests such as, inter alia, a political instrument. Intervention of developed countries to developing states can happen in two ways which both ways cannot be regarded as violation of international law. The involvement of a state in an international agreement denotes that the country intentionally burdens itself to carry out obligation that has been agreed upon as stated in the agreement. One of the obligations is to transform the contents of the agreement to its national law. The involvement of developing countries in international law is an intention to create breakthrough to face competition with developed states. With the existence of WTO, developing states can defend their rights which are violated and can force developed states to negotiate. The availability of legal remedy provide strength to developing states to force developed states in particular cases.

Kedudukan Istri dalam Pembagian Harta Bersama Akibat Putusnya Perkawinan Karena Perceraian Terkait Kerahasiaan Bank Wijayanti, Winda
Jurnal Konstitusi Vol 10, No 4 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Marriage is something sacred, must be respected, the eternality of which must be protected and conducted jointly between a man and a woman as husband and wife so as to achieve a common goal. However, in reality, lots of marriages end with divorce and is considered as the best way for both partners. When a divorce occurs women is always in a weak position including in the divison of marital property if one party does not have a good faith. Bank as the depository institution maintains the confidentiality of depositors and their deposit which is on the one hand beneficial for depositors since information related to depositors and their deposit can be kept confidential, but on the other hand, it is disadvantageous to interested parties that is a wife who does not know the amount of funds deposited in her husband’s name in a bank which is a marital property of husband and wife acquired during their marriage. Thus, the wife’s constitutional rights to protection of property under his control and property rights in accordance with Article 28G paragraph (1) and Article 28H Paragraph (4) of the 1945 Constitution is not protected. The Constitutional Court as the guardian of the constitution has the authority to examine, try and decide the case of judicial review of Law No. 1 of 1974 on Marriage (Marriage Act) and declare the law conditionally constitutional in the case of bank confidentiality regarding information related to depositors and their deposit to the interests of justice in a civil case concerning the division of maritall property due to divorce.

Ideologi Welfare State dalam Dasar Negara Indonesia: Analisis Putusan Mahkamah Konstitusi Terkait Sistem Jaminan Sosial Nasional Alfitri, Alfitri
Jurnal Konstitusi Vol 9, No 3 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Are the objective of Indonesia “promoting the general welfare”, and the fifth principle of Pancasila “social justice for all people of Indonesia”, as well as the constitutional mandate to hold a social security system must be expressed in terms of the state positions itself to be responsible for ensuring a decent standard of living for all citizens? This paper will analyze whether the interpretation of welfare state ideology of the government in the Act No. 40/2004 on National Social Security System had violated the 1945 Constitution. This paper supports the argument of the Constitutional Court holding that social insurance programs adopted by the government meet the constitutional criteria. The existence of the constitutional criteria makesthe welfare state ideology of Indonesia open to interpretation, and this argument is more appropriate to the context and realistic about the ability of Indonesia to provide social security for its citizens.

Politik legislasi Menentukan DeMokrasi (analisis Putusan no. 15/Puu-iX/2011) Wahid, Abdul
Jurnal Konstitusi Vol 9, No 1 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Not all juridical products are along with the society’s aspiration. There are some of the juridical products assessed as against the democracy enforcement by the society. The verdict number 15/PUU-IX/2011 given by the Constitutional Court is a kind of correction to the performance of the lawmakers (UU) if the law they produce are considered contra-democracy. Besides, the verdict of the Constitutional Court to some of the articles in the Law No. 2 Year 2011 actually might be read as a warning from the Constitutional Court to the lawmakers, especially those regulating the problem of political parties so that their performance could be maximized and transparent, and consider egalitarianism in the future.

Politik Pembangunan Hukum di Bidang Investasi Suatu Keniscayaan Konstitusi Ekonomi Panjaitan, Saut P.
Jurnal Konstitusi Vol 7, No 2 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

The idea of welfare state of Indonesia has to can realize the national of economy order. The 1945 Contitution of the Republic of Indonesia formulated the national economic aspect as an the constitution of economy or as a social contract of economy in order to realizing the constitutional market economy. This mean that all the policies and economic development must be taken care of constitutionally aspect, including the investment policies and regulations.

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Contact Name
-

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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