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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 Kebebasan Berserikat Bagi Pekerja Sebagai Hak Konstitusional Budiono, Abdul Rachmad
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia guarantees the right of everyone to freedom of association, assembly, and to express opinions. Thus, the right of workers or labours to freedom of association is guaranteed by the Constitution. The principle which is embedded in the 1945 Constitution has been incorporated into Law Number 21 Year 2000 concerning Labour Union. The substance of the rights to freedom of association aims to give bargaining power to workers represented by the union against employers. The bargaining position of labour unions is expected to improve the functioning of the unions to defend the interest of workers.

Urgensi Pengaturan Kewarganegaraan Ganda Bagi Diaspora Indonesia Charity, May Lim
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

The need for dual citizenship regulation seems increasingly prominent and becomes an issue that continues to be striven by the Indonesian Diasporas in various countries around the globe. Dual citizenship has become the dream of the Indonesian Diasporas in various countries since many Indonesian citizen Diasporas with a single citizenship often encounter various obstacles and limitations. The Indonesian citizenship law is today based on the principle of single citizenship. This principle has been even adhered since the proclamation of August 17 1945, under the enactment of Law Number 3 of 1946 on Citizenship of the Republic of Indonesia, which was later replaced by Law Number 62 of 1958 on Citizenship of the Republic of Indonesia and amended by Act Number 12 of 2006 on Citizenship of the Republic of Indonesia and the Government Regulation Number 2 of 2007 on Procedures for acquisition, loss, deprivation, and reacquisition of Citizenship of the Republic of Indonesia. Nowadays, the demands for the implementation of unlimited dual citizenship are under the considerations for the Government and the House of Representatives of the Republic of Indonesia to amend Act Number 12 of 2006. It is not only for the demands of the Indonesia diaspora to the implementation of unlimited dual citizenship, but it is also for the reality of the development of globalization today. The implementation of dual citizenship for Indonesian diaspora is a necessity. In addition, it is based on the reality of globalization and the spirit of the constitution that protects all the entire homeland of Indonesia, including Indonesian citizens residing abroad.

Implikasi Pergeseran Sistem Politik terhadap Hukum dan Birokrasi di Indonesia Romadlon, Suryo Gilang
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Coalition can be the effective way to collect the power for struggle in the competitive politics. In Indonesia, after the reform era, the coalition system being the most popular system that granted by the constitution. Phrase ”coalition of political parties” in the article number 6A point (2) UUD 1945 shows us that the coalition system is the constitutional and the fix way. From all the historical story about the coalition of political parties in Indonesia, we can make a conclusion that the coalition system wich is exist in Indonesia is just coalition made by interest, not ideology. Coalition only to reach the “threshold”. Political parties only thinking about how to complete the mission to propose the candidate. Surely, That’s all the problem. We can see that the coalition system in Indonesia just make some paradox. For example, in presidential election 2014, in one hand we can see the batle between “KMP” and “KIH”, but in the other hand, we cand find a different situation in local politic competition. On 9 December 2015, The simultaneous regional election was completed held, and I saw that the battle between KMP and KIH wasn’t happened in that moment. Based on the fact from KPU, we can find in some region, the inconsistence coalition was built by the political parties which is member of KMP join with member of KIH. That condition shows us that the coalition system in Indonesia is just based on interest. There is no linear/consistence coalition between central and local, so automatically we can find a question, “where is the platform, vision and mission of political party in Indonesia? And How about the impact to the bureaucratic system between central and local government?. Finally, The Author is trying to answer the questions in this paper.

Politik Hukum Pasca Putusan Mahkamah Konstitusi atas Pelaksanaan Pemilu dan Pemilukada di Indonesia Nugroho, Wahyu
Jurnal Konstitusi Vol 13, No 3 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

After amendment 1945, whether legislative elections and the election of the executive power implementing held directly by the people, and going political reform electoral laws and local election, both in the revision of the existing political regulations, and rules in the law after the Constitutional Court decision, namely Law No. 42 of 2008 on General Election of President and Vice President, and and Law No. 10 of 2016 on the Second Amendment of Act No. 1 of 2015 on Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the election of Governors, Regents and Mayors became acts. The purpose of the study on the implementation of the legal political and local elections are to conduct political rearrangement and local elections law in a mosaic of Indonesian state structure, maturity in politics, the consolidation of local democracy, and changes in local people’s minds to develop the region very hung to the figure of its leader, as well as ensuring the political rights of citizens in national and local political constellation. The results in this study is the need for consistency of law enforcement for compliance with a number of legal instruments and the implementation of procedures and penalties in the administration of elections. Aspects of legal certainty and the cultural aspect is very important law met in order for the elections and the local election purpose in achieving this goal idealized.In addition, the electoral administration in central and local levels, as well as participating in the election and the election shall comply with laws and regulations, ranging from the Commission Regulation, Act, as well as adherence to Constitutional Court decision. The author draws conclusions that the renewal of electoral politics and the local election after the Constitutional Court Decision in the Indonesian constitutional structure has implications for changes in the system, the mechanism and the pattern of elections and the local election organizers and participants of the election and the local election. On some empirical experience that was shown in the administration of elections and the election, people think the dynamic to organize and improve the system, as well as have awareness of constitutional rights guaranteed by the 1945 Constitution on political rights for the sake of the spirit of building area through the local elections to choose a figure that is idealized.

Tafsir Konstitusional Pengujian Peraturan di Bawah Undang-Undang Junaenah, Inna
Jurnal Konstitusi Vol 13, No 3 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Particular problem in judicial review frequently found is there a contradiction between the subsidiary legislation and the constitution. Unfortunately, in several Supreme Court verdict on judicial review, there is no usage of constitutional interpretation on their legal reasoning. However within domain of Supreme Court authority, constitution is not the touchstone, but constitution perspective must be included to maintain consistency of legislation hierarchy. There are two reasons on that posibilities, first the approximation of constitutional review by the court and second, the consequences of Indonesian’s legal system that implementing legislation hierarchy. Responsibility as the guardian of constitution not only applied on Constitutional Court, but on all the state institutions including every citizen. In the context of guarding consistency of legislation hierarchy, Supreme Court might also develop constitutional interpretation in order to ensure conformity regulations that is examined to the constitution. In addition, meaning of the constitution can be developed by a judge that can be found in accordance with contextuality. The perspective is assessed to highlight more detailed the mapping of the use of constitutional interpretation on Judicial Review in supreme court post amandment of Constitution of Republic Indonesia 1945. This article formulatesthe notion of constitutional interpretation on Judicial Review. Within this concept, will be prepared by the use of mapping of constitutional interpretation on Judicial Review in supreme court post amandment of Constitution of Republic Indonesia 1945. Thus this research was intended to make the judge use constitutional interpretation. Of course if the recommendations are applied, it can be achieved not instantly in a short time. With the use of Constitutional interpretation on Judicial review in supreme court, the constitutionallity can be reflected later on legislation hierarchy as a whole legal system.

Urgensi Perluasan Pertanggungjawaban Pidana Korporasi Sebagai Manifestasi Pengejawantahan Konstitusi Sirait, Timbo Mangaranap
Jurnal Konstitusi Vol 13, No 3 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

The acknowledgement of Indonesia as a state of Law as mandated by Article 1 paragraph (3) of 1945 Constitution of the Republic of Indonesia is the fundamental objective of the Constitution where one of its dimensions is to create and promote fair and prosperous community, in pursuing this, with the spirit of developmentalism, the state allows the participation of corporations in the development with the hope that Indonesia will be able to compete in the globalization era. However, it is apparent that their participation has adverse impact, some of them have even been involved in bribery and corruption. According to criminal law of Indonesia, briber and receiver (gratification) will be held criminally liable. The method applied in this research is juridical normative which analyzes secondary data including secondary law materials in Criminal Code and Law No. 31/1999 in conjunction with Law 20/2001 on Corruption Eradication and United States of America of Anti-bribery Foreign Corrupt Practices Act (FCPA). Based on the analysis conducted, it was found that Indonesia can only prosecute receiver of bribery (gratification) whilst the bribing corporation is prosecuted in the United States, it is also concluded that it is urgent to expand and amend the criminal law on responsibility for corporate crime as the manifestation of constitution in the Indonesian criminal law in order to counterbalance USA Anti-bribery Foreign Corrupt Practies Act (FCPA)

Pertentangan Asas Perundang-undangan dalam Pengaturan Larangan Mobilisasi Anak pada Kampanye Pemilu Suriyani, Meta
Jurnal Konstitusi Vol 13, No 3 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Article 32 paragraph (1) letter k Election Commission Regulation No. 15 Year 2013 describes implementers, participants, and officials are prohibited from mobilizing campaigns Indonesian citizens who do not meet syarats as Voters. However, Law No. 8 of 2012 on General Election of DPR, DPD and DPRD itself, does not expressly prohibit the mobilization of Indonesian citizens who do not yet qualify as a selector or exploitation of children in political activities, including campaign. So that the Commission regulation violates the hierarchy of legislation that is in of commencement shall contrary to the Law on Election of Members of Legislative as higher regulations. Therefore, it is also not in line with Law No. 35 of 2014 on the Amendment of Act No. 23 of 2002 on Child Protection. Mobilization of children in the activities of the election campaign is the deprivation of the rights of the child. Intentionally or unintentionally, the actual implementers, participants, and campaign officers have done wrong treatment (exploitation) by mobilizing children who do not qualify as voters in political activities in the activities of the election campaign for the DPR, DPD and DPRD held at central and regional levels occur in almost all parts of Indonesia.

Prediktabilitas Ajudikasi Konstitusional: Mahkamah Konstitusi dan Pengujian Undang-Undang Kurnia, Titon Slamet
Jurnal Konstitusi Vol 13, No 2 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

There is a strong commitment that constitutional adjudication should be more predictable. As a principle, what has been rightly decided in the past should be the law for the future cases or controvercies. This article makes a substantial critics directed to the constitutional court of decision Number 14/PUU-XI/2013 on the constitutionality of presidential election rules. This articles argues that the decision shows that predictability is still a serious matter in constitutional adjudication in Indonesia. The author then recommends that to be more predictable the constitutional of court should make a judicial tradition for respecting its past right decisions.

Presidensialisme di Indonesia Antara Amanah Konstitusi dan Kuasa Partai Polamolo, Susanto
Jurnal Konstitusi Vol 13, No 2 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Presidential power in Indonesia, was born exactly in between the mandate of the constitution, and the power of the party. Various constitutional experiments since the era of Sukarno, Suharto, to the current era of reform, shows how the starting- pull of interests, especially the interests of political parties melingkati Indonesian presidential system. The president’s powers in many respects, depend on how the political constellation, so the coalition model was prone to deadlocks, as a result of the apparent coalition. Therefore, in the future, the constitution must be addressed, and should clearly indicate the limits of political parties, so that the presidential system can really concentrate to the people.

Eksistensi dan Karakteristik Putusan Bersyarat Mahkamah Konstitusi Rahman, Faiz; Wicaksono, Dian Agung
Jurnal Konstitusi Vol 13, No 2 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

The result of this legal research show the existence of conditionally constitutional and conditionally unconstitutional decision in reviewing laws from 2003 to 2015, although that model of decision is not regulated in the positive law. There are 5 characteristics of conditionally constitutional decision, those are (1) Court gives interpretation or certain requirements in order to remain constitutional provisions tested throughout implemented according to the specified requirements of the Constitutional Court; (2) based on the rejected verdict; (3) a conditionally constitutional clause can be found only on the consideration of the Court, or can be found on the judgment and injunction; (4) conditionally constitutional decision require re-judicial review if the norm is not in line with the interpretation of the Constitutional Court; (5) encouraging legislative review. Regarding the conditionally unconstitutional decision, there are 4 characteristics, those are (1) the verdict certainly include a conditionally unconstitutional clause; (2) a conditionally verdict can be the meaning or interpretation of a norm, or give the terms of the norm is unconstitutional; (3) based on the granted verdict either partially or completely; (4) does not substantially different from the conditionally constitutional clause.

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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