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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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Calon Tunggal dalam Pilkada Serentak Tahun 2015 terhadap Putusan Mahkamah Konstitusi No 100/PUU-XIII/2015 Nazriyah, R.
Jurnal Konstitusi Vol 13, No 2 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

The phenomenon of a pair-single candidate threatens delays in the implementation of simultaneous Regional Head Elections in some districts until 2017. Although the Commission extends the registration period of candidates to avoid the delay of elections simultaneously, there are still some districts that have a single candidate. The law on elections has not set the provisions definitely regarding what should be done if there is the phenomenon of a single candidate. Finally the parties who feel aggrieved the rights had filed a judicial election law to the Constitutional Court (MK) to find solutions to these issues. In its decision, the Court considered that the Act mandates the election as the executor of the sovereignty of the people to elect regional heads directly and democratically. Thus, the local elections should ensure the realization of the highest power in the hands of the people. In addition, the Court also considers the formulation of norms of Law No. 8 of 2015, which requires the presence of more than one pair of candidates does not provide a solution, which led to the legal vacuum. This can result in absent of holding the elections. Local elections which are only followed by a single pair of candidates, the mechanism selection is to determine whether the “Agree” or “Disagree” with the prospective partner. If it turns out the people’s voice is more to select “Agree” then the candidate is designated as regional head and deputy head of the selected district. Conversely, if it turns out the people’s voice is more to select “Disagree” then in such circumstances the election is postponed until the next local elections simultaneously.

Refraksi Yuridis Penetapan Program Legislasi Nasional di DPR RI Fajriyah, Mira
Jurnal Konstitusi Vol 13, No 1 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Prolegnas is a law developmental transformation after the amendment of UUD NRI 1945. However, the effectuation of Prolegnas’s decree by DPR RI always shows the less of law reformation level, either on qualitative measure or the quantitative. This research has a focus to arrange a law prescription of juridical refraction on the effectuation of Prolegnas’s decree by DPR RI. The research explains the peak of trouble of the effectuation of Prolegnas’s decree, consists of low level of consistency and realization, the incompatibility between Prolegnas’s substances and mandated by legislation and the list of draft bill which not based on an academic research. Those are a logical clause of two juridical refraction stages, viz, formal concession and substance concession (prospective orientation).

Politik Hukum Pengujian Peraturan Perundang-Undangan dalam Penyelenggaraan Negara Triningsih, Anna
Jurnal Konstitusi Vol 13, No 1 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Legislation or commonly called the law is a political product. Politics is a field in the society which relate to public goals, and the law as one of the fields in society is always linked to the goals of society. Because of being associated with these objectives, the law has its own dynamics side. In its socio-political dynamics there is always a message that wants to be heard, known, understood, and then executed by the addressee, which is the organizer of state power, political power holders. In the perspective of constitutional law that message then becomes a goal in organizing the state and then organized into a political structure as the procedures in the administration of the state in order to reach the goal of the state. The meaning of a more democratic state administration and based on law as a goal in the amendment of the 1945 Constitution was to provide a constitutional basis, (i) equal relationship between state and society based on rights and obligations in reciprocal nature; (ii) the equal relationship between state institutions based on checks and balances system; (iii) strengthening the independence and impartiality of judicial authority to guard the running of the legal and constitutional system. Review of egal products in state administration through judicial mechanism aims to provide a guarantee for the implementation of these relationships and the running of the legal and constitutional system in accordance with the 1945 Constitution.

Problem Penemuan Kebenaran dalam Putusan Mahkamah Konstitusi Wibowo, Mardian
Jurnal Konstitusi Vol 13, No 1 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Every effort of discovering the truth always faced with the possibility to slip. This possibility of slips also occurs in the Constitutional Court Decisions, specifically one which strongly related to material truth, such as in the decision related in dispute of local general election result. Based on that certainty, this paper attempts to study the problems that could arise whenever the Constitutional Court manage to discover the truth, while also tries to present alternatives in the attempt to repair the aforemention slips.

Transparansi dan Partisipasi Publik dalam Rekrutmen Calon Hakim Konstitusi Wijayanti, Winda; Quraini M, Nuzul; Putri R, Siswantana
Jurnal Konstitusi Vol 12, No 4 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Recruitment is not an arena of “hazing” and the addition of bureaucracy but a forum to explore the nature of integrity, capability, and independence of the candidates for constitutional judges. The process of recruiting candidates for constitutional judges to choose the recruitment system based on the principle of transparency, participatory, objective, and accountability to the people of the early stages and mechanisms of recruitment until the determination of the constitutional judges candidates that can lead to public confidence and form of democracy because of the position of the control and balance between state with people. Thus, the recruitment process needs to be accompanied by a written rule that can evolve as needed to create the best candidates for constitutional judges based recruitment process by filing recruitment agency and SOP (Standard Operational of Procedure). The problem is not on the persons making the recruitment, agency nominate candidates for judge, and the lack of setting the terms of the constitutional judge best candidate, but the choice of constitutional judges are recruited to promote open to the public process. DPR as one of the agency of the state to file a constitutional justice through the recruitment team can choose the right man in the right position through the selection of recruitment mechanism in accordance with the constitutional.

Implikasi Putusan Mahkamah Konstitusi Nomor 93/PUU-X/2012 Bagi Penyelesaian Sengketa Bisnis dan Keuangan Syariah Umam, Khotibul
Jurnal Konstitusi Vol 12, No 4 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

The Decision of Constitutional Court No. 93/PUU-X/2012 regarding Judicial Review of Law No. 21/2008 regarding Sharia Banking with the Indonesian Constitution 1945 was giving a strong statement that the explanation of this a quolawhas a potential impact to arise legal uncertainty and legal confuse, meanwhile Article 55 in the whole still conform with the Constitution. The juridical implication from this a quodecision, i.e. The tribunal of District Court have to state if they have no authority to settle the case in sharia banking, althought it has been agreed in an akad (agreement). It has been stressed with the nature of Constitutional Court Decision “final and binding” and also bind all of citizens (erga omnes). Then, the opportunity to implement of its decision to sharia businees and financial institutions exist based on analogy, esp argumentum a fortiory. The expectation, it will give legal certainty in the context of Judicial that has an authority to settle the potential dispute between customer and sharia business and financial institutions.

Hak Asasi Perempuan dalam Peraturan Perundang-Undangan Di Indonesia Kania, Dede
Jurnal Konstitusi Vol 12, No 4 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Up to now, the law is still considered discriminatory and gender inequality. Though the law should be equal or sensitive to gender inequality to guarantee women’s rights. By following the principle of equality in all areas of the good men and women have equal rights or opportunities to participate in every aspect of social life and state. so if there is discrimination against women, it is a violation of women’s rights. women’s rights violations occur due to many things, including the result of the legal system, where women are victims of the system. Reform Order is the most progressive period in the protection of human rights. Various laws and regulations come outin this period, including laws and regulations concerning women’s rights. Seen from the government’s efforts to eliminate discrimination based on sex are included in many legislations.

Eksistensi Badan Pertanahan Aceh sebagai Perangkat Daerah di Aceh dalam Aspek Kepastian Hukum Bidang Pertanahan 'Ulya, Zaki
Jurnal Konstitusi Vol 12, No 3 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Under the provisions of Article 253 of Law No. 11 Year 2006 regarding Aceh Government insists on the transitional status of the Regional Office of the National Land Agency of Aceh and District Land Office / City into the device unit area of Aceh and district / city, which is limited to the budget end of 2008. However, the status of the new transition can be completed in the year 2015 with the issuance of Presidential Decree No. 23 Year 2015 on the transfer of the Regional Office of the National Land Agency of Aceh and District Land Office / City Land Agency Become Aceh and Aceh Land Office Regency / City. The problems that arise as a result of the enactment of legislation that is related to the authority of the President of the Regional Office of the National Land Agency of Aceh are still centralized, resulting in disharmony between the legal provisions of Law No. 11 of 2006 by Presidential Decree No. 23 Year 2015. The purpose of this paper is intended to examine the form of disharmony legal provisions of Article 253 of Law No. 11 Year 2006, which refers to Memorendum of Understanding (MoU). And, examine the impact of the authority of the National Land Agency of Aceh on the enforceability of Presidential Decree No. 23 Year 2015.

Ketidakpastian Hukum Kewenangan Lembaga Pembentuk Undang-Undang Akibat Pengabaian Putusan Mahkamah Konstitusi Widiarto, Aan Eko
Jurnal Konstitusi Vol 12, No 4 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

The Indonesian House of Representatives and the President has established the Act Num. 17 Year 2014 on MPR, DPR, DPD, and the DPRD (Act MD3). The Act consists provisions that have been declared incompatible with the Constitution 1945 and does not have binding legal force by the Constitutional Court Decision Num. 92/PUU-X/2012. The result is a duality norm. The first norm is the norm authorizes the establishment of laws that have already been decided in the judgment of the Constitutional Court No. 92/PUU-X/2012. The second norm is the new norm about authority of making laws specified in the Act MD3. Both of norms are contrary, so in the implementation (rechtstoepassing), House of Representatives, and the President is faced with two choices provisions of legislation. DPD authority in making the draft law becomes blurred. Similarly for the House of Representatives and the President also no certainty authority in relationship with DPD in the act making process. Should the House of Representatives and the President uphold the principle of self respect or self obidence (the government should respect the decisions of the judiciary).

Konstruksi Yuridis Politik Legislasi DPD Pasca Putusan Mahkamah Konstitusi Nomor 92/PUU-X/2012 Arrsa, Ria Casmi
Jurnal Konstitusi Vol 12, No 4 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

The position of Regional Representative Council in the context of the implementation of the legislative function has an important role in order to create the principle of checks and balances between state institutions which include the House of Representatives and the President. Contextually Constitutional Court Decision No. 92/PUU-X/2012 reinforce the DPD position both in terms of national legislation program planning, delivery of opinions, views, list of inventory issues, and discussion of a draft law. Much progress has been achieved but in the political realm seems legislative authority of the DPD is still not perfect when not reached the stage of deciding to join a draft law being discussed. In order to strengthen DPD as part of regional representation, the amendments to the Constitution of 1945 was important to conduct state institutional arrangement holistically and comprehensively.

Page 26 of 90 | Total Record : 896

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Contact Name
-

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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