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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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ULTRA PETITA DALAM PENGUJIAN UNDANG-UNDANG DAN JALAN MENCAPAI KEADILAN KONSTITUSIONAL Ibnu Sina Chandranegara
Jurnal Konstitusi Vol 9, No 1 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

The existence of Constitutional Court after the amendment the 1945 Constitution of Republic Indonesia (1999-2002) brought a fundamental change in the constitutional review of norms. Constitutional review mechanism not just a “review” but the court is also required to search the essence of constitutional review itself and its relation to the constitutional rights. Therefore, the ultra petita decisions issued by the Court should not be viewed as absurd but as a way to uphold justice.

Implikasi Re-Eksistensi Tap Mpr dalam Hierarki peraturan perundang- Undangan terhadap Jaminan atas Kepastian Hukum yang adil di Indonesia Dian Agung Wicaksono
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

Post-enactment of Act Nr. 12 of 2011, MPR Decree was put again the hierarchy of legislation, which cause problems in the context of the state of law of Indonesia. This was normative legal research. Now, the number of MPR Decree is only 6 decrees remaining, so re-existence and placement of MPR Decree is not relevant. Hierarchy should be made by simplification approach by reducing the nomenclature of law in the hierarchy of legislation. MPR Decree should have not been included in the hierarchy, especially under the Constitution. If the MPR Decree still be placed under the Constitution, we need to hold the mechanism to review MPR Decree, if there is a contradiction with the Constitution or the restriction of human rights, which actually should not be limited by the MPR.

Perspektif Penegakan Hukum Progresif dalam Judicial Review di Mahkamah Konstitusi Ja'far Baehaqi
Jurnal Konstitusi Vol 10, No 3 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

The Amendments of the 1945 Constitution after reformation era brings the consequences of the necessity to adjust legislation under the constitution, either by elaborating new legislation or change the existing ones as well as through the elaboration of the rights to constitutional review against that legislation. On the other hand, the Amendment of the 1945 Constitution introduced the Constitutional Court as a court for constitutional matters of which one of the jurisdictions is to review laws against the 1945 Constitution. Since the beginning, as stated in Law No.24 of 2003 on Constitutional Court, the right to constitutional review has been given half-heartedly. To that fact, the Constitutional Court Law contains: restrictions of laws that may be tested, filing requirements, categorization of the verdict, and the composition of the constitutional judges. In the perspective of progressive law, the Constitutional Court’s ignorance of that restrictions considered as contrary to the constitution itself. However, in certain cases, especially related to the filing requirement for constitutionality review, The Constitutional Court is still locked by the restrictions given by Constitutional Court Law, even it is institutionalized through jurisprudence.

Mengkritisi HP-3 Perspektif Konstitusi dan Pemberdayaan Rakyat (Kontribusi Teori Sosiologi Membaca Putusan Nomor 3/PUU-VIII/2010) Faiq Tobroni
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

This paper aims to criticize the contradictions of Rights of Coastal Management (HP-3) against the 1945 Constitution and the spirit of community empowerment. HP-3 became norm of the procedures for permitting management of Coastal and Small Islands Resources (SDP-PPK) as regulated in Law Number 27 Year 2007. The recent study collects data through literature approach and analyzes them through qualitative methods. The findings are as follows. HP-3 is contrary to the 1945 Constitution. Unconstitutionality of HP-3 is caused by changing SDP-PPK from being common property right to be property right and ignoring alignments to vulnerable populations (indigenous and traditional fisherman). The principle of empowerment that has significant power to revive the spirit of the constitution in HP-3 is improvement of capabilities and power for vulnerable people. These steps must be taken by creating articles that contain affirmative action for vulnerable people.

Problematika Legal Standing Putusan Mahkamah Konstitusi Ajie Ramdan
Jurnal Konstitusi Vol 11, No 4 (2014)
Publisher : The Constitutional Court of the Republic of Indonesia

Constitutional Court received a petition for the constitutionality of Law No. 22 of 2001 on Oil and Gas and Law No. 8 of 2011 on the Amendment of the Law No. 24 of 2003 on the Constitutional Court against the Constitution of the Republic of Indonesia Year 1945 Three issues are addressed in this study is about (1) the legal standing of the applicant in the judicial review of Law No. 22 of 2001 on Oil and Gas and the Law number 8 of 2011 concerning Amendment to Law number 24 Year 2003 concerning the Constitutional Court; (2) consideration of constitutional court give legal standing to the applicant in the judicial review of Law No. 22 of 2001 on Oil and Gas and Law No. 8 of 2011 on the Amendment of Law Number 24 Year 2003 concerning the Constitutional Court; and (3) the proposed granting legal standing of the applicant in the case of judicial review in the Constitutional Court. To answer these problems, this research using material in the form of the decision of the Constitutional Court law, legislation, and writings relating to constitutional law. The type of this research is the juridical-normative. Theory in assessing the applicant has legal standing or not, one of which is the theory of legal standing. Theory of point d’interet legal standing point d’action that is without the benefit of no action. The petitioner in case No. 36/PUU-X/2012 and No. 7/PUU-XI/2013 does not have legal standing to appeal. Court is not appropriate to assess the applicant in case No. 36/PUU-X/2012 and No. 7/PUU-XI/2013 have no legal standing. Because the applicant does not have a base (interest) to apply for judicial review. In addition there are constitutional judges dissenting opinion affirming that the applicant has no legal standing.

Potret Keterwakilan Perempuan dalam Wajah Politik Indonesia Perspektif Regulasi dan Implementasi Loura Hardjaloka
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

In Article 28C paragraph (2) of the Constitution 1945, “Every person is entitled to advance himself in the fight for their rights to collectively build a community, nation and country”, Article 28D paragraph (3) which reads, “Every citizen is entitled to equal opportunities in government”, should be the basis for guaranteed political rights of women. However, parties often overlook the urgency of this women’s representation. In addition to the provisions of the 1945 Constitution, there is also Election Law, Article 7 and Article 8 of CEDAW and the Convention on the Political Rights of Women who all voiced that women have equal political rights with men. But will the urgency of women’s representation in politics is hampered due to negative stereotypes of women’s capabilities.

Dilema dan Akibat Hukum Putusan Mahkamah Konstitusi Mengenai Kewenangan Memutus Sengketa Pilkada Iza Rumesten RS
Jurnal Konstitusi Vol 11, No 4 (2014)
Publisher : The Constitutional Court of the Republic of Indonesia

MK decision to hand back an arbitrary in deciding disputed local election to the MA polemical and disagreement among legal experts. There are those who argue that it was the right decision, and there are also those who argue that the MK decision is wrong. Whatever the views of different opinions, the MK has concluded that it has binding (inkracht) and inviolable. The problem now is how best to anticipate the solution of other legal issues that arise as a result of the MK decision. Thus, in this study the formulation of the issues raised is how the legal effect of the decision of the Constitutional MK No. 1-2/PUU-XII/2014 in the general election in Indonesia. The research method of this law is normative, primary legal materials are UUD NRI of 1945, Act No. 12 of 2008 on Regional Government, Act No. 8 of 2011 on the MK. The approach used in this study is the approach to statutory interpretation and approach. From the research it can be concluded that the MK decision to restore the authority to decide election disputes to the Supreme MA is right, because the local elections are local government regime (local elections). As a result of the decision, the government should establish a local election management bodies on a par with the Commission which may be called the local election commission (KPKD) but only institution based in the provincial and district/city, for an arbitrary level of appeal submitted to the MA.

MAKNA PASAL 33 UNDANG-UNDANG DASAR 1945 DALAM PEMBANGUNAN HUKUM EKONOMI INDONESIA Elli Ruslina
Jurnal Konstitusi Vol 9, No 1 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Article 33 of the 1945 Constitution serves as the basis for Indonesian Economy. It contains the principle of togetherness and brotherhood. Therefore, in the development of Indonesian Economic Law, Article 33 of the 1945 Constitution is imperative in nature that it is asserted in the laws and regulations concerning the economy, “...it is the prosperity of the society that should be prioritized...not the welfare of individuals”.

Hak Kemerdekaan Menulis Buku dan Pencerahan Edukasi Masyarakat Abdul wahid; Siti Marwiyah
Jurnal Konstitusi Vol 8, No 4 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

The verdict of the judge of the Constitutional Court is a kind of special verdict. One of the verdicts pronounced by the constitutional court judge is to approve petition. In the case of petitioner’s clain through laws number 4/PNPS/1963, the constitutional court approves the petitioner’s petition. By the constitutional court judges, this juridical product is assessed against the constitution. This verdict can be categorized into an encouragement or support educatively, which must be welcome positively by the country pillars. Subjects being motivated to be mujtahid as a constitutional court judge are educational communities such as teachers, college students, lecturers, researchers, humanists, and knowledge admirers to become the creators in the aspect of book. In this kind of condition, it is expected that education enlightenment can be gained through the society.

Eksistensi Undang-Undang Sebagai Produk Hukum dalam Pemenuhan Keadilan Bagi Rakyat (Analisis Putusan Mahkamah Konstitusi Nomor 50/PUU-X/2012) Winda Wijayanti
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

Legislation in its formation is influenced by the direction of policy. Prolegnas often defeated by political interests, that determination depends on the political direction of the lawmakers that the legislation referred to as a political product. Prolegnas is part of the political establishment and management of legislation that are instrument-building program planning Act arranged in a planned, integrated, and systematic is needed to organize the national legal system. The Law 12/2011 indicates that the substantive content of the law must satisfy the principle of justice and the rule of law. In addition, the preparation of legislation must meet the elements of the rule of law, benefits, and equity in equal proportion. Thus, the Law 2/2012 that was in the National Legislation Program is a legal product that can provide justice for the people.

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Contact Name
-

Contact Email
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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