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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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Pergeseran Kekuasaan Tipologi Ketiga; Fenomena Kekuasaan Ke Arah Constitusional Heavy Windrawan, Puguh
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

The Constitutional Court plays a central role in the democratic system governance. With a solid perspective of balancing state power, the court has been set up to interpret and review of conformity of every act and regulation. In Indonesia, a constitutional court presence has an important meaning amid power shifting processes. As the supremacy to some extent moving away from the executive authority, the constitutional court appears as the most prominence body instead of legislative board. In accordance with its duties and functions, the institution is able to give juridical interpretations to examine every regulation against The Constitution of The Republic of Indonesia 1945.

Hukum Acara Mahkamah Konstitusi dalam Teori dan Praktik Sumadi, Ahmad Fadlil
Jurnal Konstitusi Vol 8, No 6 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

One of the important substance of Amendment of the Constitution of the Republic of Indonesia Year 1945 is the existence of the Constitutional Court as a state institution that functions to handle certain cases in the field of state administration, in order to maintain the constitution to be implemented in a responsible manner in accordance with the will of the people and democratic ideals. Constitutional Court’s constitutional authority to implement the principle of checks and balances which places all state agencies in the equivalent position so that there is a balance in the administration of state The existence of the Constitutional Court is a real step to correct each other’s performance among state institutions. The Constitutional Court in carrying out justice to examine, hear and decide a case still refers to the organizing principle of judicial power which, among others, is carried out simply and quickly.

Implikasi Putusan Mahkamah Konstitusi Terhadap Regulasi Production Sharing Contract Husna TR, Cut Asmaul
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

After the Constitutional Court ruling has implications for regulatory 36/ PUU-X/2012 production sharing contract. Relationship between BP Migas (state) with the Business Entity or Permanent Establishment has put the state’s position and business entities or permanent establishments that manage oil and gas in an equal position. As a result, the state lost discretion to make regulations for the benefit of the people, but the state, as a representation of the people in the control of natural resources should have the discretion to make rules that benefit the overall prosperity of the people. Some of the conditions are far from optimal, Indonesian oil and gas industry is still heavily dependent on foreign domination. Associated with the conditions present in Aceh, the amount of funding for oil and gas shares, did not show a decrease in the poverty rate

Penetapan Anggota Panwaslu oleh Bawaslu: Analisis Putusan Mahkamah Konstitusi Nomor 11/Puu-Viii/2010 Eddyono, Luthfi Widagdo
Jurnal Konstitusi Vol 8, No 2 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

The Constitutional Court of Indonesia in Decision Number 11/PUU- VIII/2010 stated that the provisions regarding the recruitment of members of the Supervisory Committee for the Election must be nominated by the Provincial/District General Elections Commission is contrary to Article 22E Paragraph (1) and paragraph (5), and Article 28D Paragraphs (1) of the 1945 Constitution. Therefore, to ensure a fair legal certainty and avoid disruption of the elections, the nomination and appointment of members of Supervisory Committee for the Election is conducted by one institution, namely the General Elections Supervisory Body (Bawaslu) or Supervisory Committee for the Election. The decision contains two legal meanings. First, the view that the principle of checks and balances are not only connected with separation of power at the legislative branch, executive branch, and judiciary branch, but also the relationship between “supervisors and the supervised” that based on the proportional rationality inter-state relations. Second, the case number 11/PUU-VIII /2010 actually contain elements of the dispute between the two state institutions, namely the General Elections Commission and Bawaslu because not only related to the interpretation of norms, but also the fate of members of 192 Supervisory Committee Election that not recognized and approved by the General Elections Commission. The problem handled by Constitutional Court using judicial review case against the 1945 Constitution.

Relevansi Parliamentary Threshold terhadap Pelaksanaan Pemilu yang Demokratis Firdaus, Sunny Ummul
Jurnal Konstitusi Vol 8, No 2 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

General Election as a means to realize the ideal of democracy does not merely aim to determine who will get the position in the parliament but it also should represent the sovereignty of the people. In the 2009 General Election, however, parliamentary threshold was prevailed and implemented. This regulation is included on Article 202 The General Election Act number 10/2008 which stated that political party of General Election participant must fulfil at least an amount of 2.5% of total valid national vote to be included in the representation determination of the House of Representative.A number of Indonesian peoples objected the rule. This is because parliamentary threshold deemed to be potentially demolished the political right of the people. Besides, the implementation of parliamentary threshold in bottom level considered to have some potential horizontal conflict because, for example, if someone voted as a selected candidate but they do not fulfil the parliamentary threshold, this particular candidate cannot obtain a seat in the parliament. This can be seen in the petition of judicial review to the Constitution Court regarding this parliamentary threshold regulation.It can be concluded that the relevance of parliamentary threshold to democratic General Election execution can not be separated from the mechanism and reasons in determining the the amount of threshold numbers in said rule. Requirement for determining the threshold is not merely based on a reason to strengthen presidential system chosen by the Indonesian people. In this case, the people’s voice should not be represented merely by the parliamentary number having position in the House of Representative. If this happens, then there will be some concerns of the emergence of political interest to strengthen the position of a particular political party in the parliament.

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.

Mengembalikan Tanggung Jawab Negara dalam Pendidikan: Kritik Terhadap Liberalisasi Pendidikan dalam Uu Sisdiknas dan Uu Bhp Williamson Nalle, Victor Nalle
Jurnal Konstitusi Vol 8, No 4 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

Indonesia’s Constitution has mandated that the state has a goal to develop nation’s intellectual. In that framework, the state should have responsibility for the education of the whole people of Indonesia. But by globalization, through the WTO and GATS, Indonesia has been directed toward the liberalization of education. Liberalization is done through legislation that directs the autonomy of state-owned educational institutions, maximizing the role of communities in the state and minimize the role of the state, the format of “Badan Hukum Pendidikan” for all educational institutions, and opening the world of education for foreign educational institutions.

Kewenangan Mahkamah Konstitusi Mengadili Perselisihan Hasil Pemilukada Sudrajat, Hendra
Jurnal Konstitusi Vol 7, No 4 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

This letters have a purpose to know and analyze authority basic of Constitution Lawcourt of Republic of Indonesia to judging the dispute from the results of district leader and district proxy leader election, and then transferring background about the authority to judging the dispute from the Results of District Leader and District Proxy Leader Election from Appellate Court to Constitution Lawcourt of Republic of Indonesia. So, to analyze basic of Constitution Lawcourt consideration that dispute objects of results of district leader and district proxy leader election don’t have the quantitative character only based on calculation voice results, but the qualitative character too, namely breaking the rules to general election principles, with the character likes ahead, general, free, secret, then downright and fairly that’s to influence the results of district leader and district proxy leader election. Analyze the election law is used by Constitution Lawcourt of Republic of Indonesia to judging the dispute in Undang-Undang Republik Indonesia No 24 Tahun 2003 about Constitution Lawcourt of Republic of Indonesia or Undang-Undang Republik Indonesia No 12 Tahun 2008 about Undang-Undang Republik Indonesia No 32 Tahun 2008 about District Governance, do not regulate punish the dispute event of district leader and district proxy leader election results.Result of letters indicate that massive and sistematic breaking is apart of the dispute from the results of district leader and district proxy leader election become legal consideration to sufficient the sense of public justice progressively cause from quantitative breaking aspect after candidate of district leader and district proxy leader has been elected based on recapitulation and calculation voice where their quantitative just with assessed breaking collision towards procedural and substantive justice both as siniquanom. Though attempt to accommodate overall of democracy aspects from sections and process district leader and district proxy leader election must be main essential to determine and set the results of recapitulation and calculation voice in district leader and district proxy leader election.As letters recommendation, needed regulation product ownself to regulate about mechanism of district leader and district proxy leader election where has been regulated in Undang-Undang Pemerintahan Daerah for all this time, so that affirmation that the district leader and district proxy leader election into the general election become less be clear. By conducting the ownself regulation, hence mechanism of district leader and district proxy leader election will be more clear, especially to overcome and solution the dispute from the results of district leader and district proxy leader election.

E-Voting: Kebutuhan vs. Kesiapan (Menyongsong) E-Demokrasi Hardjaloka, Loura; Simarmata, Varida Megawati
Jurnal Konstitusi Vol 8, No 4 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

Along with the success of e-voting in the election of leaders at the village in Jembrana District, Bali Province, the Chief Electoral Hamlet (Kelihan Banjar Dinas) in the Village Yehembang, Pohsanten Village, District and Village Mendoyo Perancak, Jembrana district by using the e-ID card, opening new opportunities for Indonesia to use these methods in the upcoming election. However, by retaining Article 88 of Law Number 32 Year 2004 regarding Regional Government provides the opportunity for areas not yet ready for e-voting to keep using conventional mencontreng election or vote.

Menegakkan Hak Beragama di Tengah Pluralisme Faqih, Mariyadi
Jurnal Konstitusi Vol 8, No 4 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

The verdict of the Constututional Court (MK) regarding the rejection of Law Trial Number 1/PNPS/Year 1965 about the Prevention of Religion Violation and/or desecration through Indonesia’s Law of Constitution year 1945 can be read as reinforcement through the juridical existence which is related to the right of religion freedom. Any kinds of religion desecration and violation such as a violence in the name of religion or religion radicalism which happens in Indonesia is not caused by the juridical products in the era of the old orde or because of the emergency product, but it is more caused by the compilation of problems such as unfairness, disparity, and powerlessness.

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Contact Name
-

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Phone
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Journal Mail Official
jurnalkonstitusi@mkri.id

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

Location
Kota adm. jakarta pusat,

Dki jakarta

INDONESIA