Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Jurnal Konstitusi

jk
Website

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

47 48 49 50 51

Konstruksi Model Pengujian Ex Ante terhadap Rancangan Undang-Undang di Indonesia Victor Imanuel W. Nalle
Jurnal Konstitusi Vol 10, No 3 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

The quality of legislation in Indonesia is often questioned when the Constitutional Court cancels several chapters of a law or even the entire law. The poor quality of legislation is influenced by powerful political factor in the legislation process. These factors have an impact on unsynchronization of laws with the constitution or disharmony with other legislation. Ex ante review in this context becomes an alternative way to prevent bad legislation because every bill should be reviewed first. In Indonesian context, the ideal model of ex ante review is not only concerning with the constitutionality, but also harmony with other laws as well as other parameters necessary to produce good legislation.

Judicial Consistency dalam Putusan Mahkamah Konstitusi tentang Pengujian Undang-Undang Penodaan Agama Zaka Firma Aditya
Jurnal Konstitusi Vol 17, No 1 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

This paper will discuss the consistency of the constitutional court decision in the judicial review cases based on the principle of precedent. MK several times deemed inconsistent because often issued a ruling that is overruling. However, there were actually a lot of MK decisions that consistently followed the precedent. Although the use of the precedent principle is only known in common law tradition, the Constitutional Court apparently also applies it. The Constitutional Court’s decision regarding the Blasphemy Prevention Act was one form of the principle of precedent in the Constitutional Court. This decision consistently states that the Blasphemy Prevention Act remains constitutional because a legal vacuum will occur if the Blasphemy Prevention Law was decided to be unconstitutional. In this case, the Court retained its ratio decidendi to the constitutionality of the Blasphemy Prevention Law, even though the Court was aware that the Law contained many weaknesses. The consistency of the Constitutional Court on the judicial review of the Blasphemy Prevention Act is one form of the practice of precedent doctrine.

Mendesain Kewenangan Kekuasaan Kehakiman Setelah Perubahan UUD 1945 Achmad Edi Subiyanto
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

After the Amendment of the 1945 Constitution of The Republic of Indonesia, The Judicial Power has become the most fundamentally power and also as a part of the axis of power which its function is to enforce justice. According to the Amendment of the 1945 Constitution of The Republic of Indonesia, the judicial power in the structure of state power, is still placed at the power that is free from intervention or influence from other power in exercising its authority. In the structure of state power, after the Amendment of the 1945 Constitution of The Republic of Indonesia, the judicial power shall be implemented by a Supreme Court and judicial bodies underneath it in the form of public courts, religious affairs courts, military tribunals, and state administrative courts, and by a Constitutional Court. The Amendment of the 1945 Constitution of The Republic of Indonesia, also spawned a new institution, beside Constitutional Court which its function is relating to judicial power, namely an independent Judicial Commission which shall possess the authority to propose candidates for appointment as justices of the Supreme Court and shall possess further authority to maintain and ensure the honour, dignity and behaviour of judges.

Ambiguitas Hak Kebebasan Beragama di Indonesia dan Posisinya Pasca Putusan Mahkamah Konstitusi M. Syafi’ie
Jurnal Konstitusi Vol 8, No 5 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Freedom of religion is one of the rights guaranteed in the 1945 and several regulations regarding human rights in Indonesia. In Article 28I paragraph 1 stated that the religious right is expressed as a right that can not be deducted under any circumstances, as well as the right to life, the right not to be tortured, the right to freedom of thought and conscience, freedom from enslavement, recognition as a person before law, and and the right not to be prosecuted on the basis of a retroactive law. As one of the rights that can not be reduced, then the religious right should apply universally and non-discrimination. Splitting ensures the right to religious freedom in the midst of violence in the name of religion encourage some NGOs and leaders of democracy to conduct a judicial review of UU No. 1/PNPS/1965 on the Prevention of Abuse and or blasphemy. Act shall be deemed contrary to the guarantee of freedom of religion that can not be reduced under any circumstances. In that context, the Constitutional Court rejected judicial review entirely, although there are dissenting opinion from one of the judges of the constitution. After the Constitutional Court decision, the identity of religious rights in Indonesia becomes brighter, which can be reduced and restricted. Decision of the Constitutional Court not be good news for the applicants, because the UU No. 1/PNPS/1965 are one tool for certain groups to justify violence in the name of contemporary religion.

Tafsir MK Atas Pasal 33 UUD 1945: Studi Atas Putusan MK Mengenai Judicial Review Terhadap UU No. 7/2004, UU No. 22/2001, dan UU No. 20/2002 Kuntana Magnar; Inna Junaenah; Giri Ahmad Taufik
Jurnal Konstitusi Vol 7, No 1 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

The rulings of the constitutional court to review the Act No. 7 of 2004 on Management of Water Resources, Act No. 22 of 2001 on Crude Oil and Natural Gas, Act No. 20 of 2002 on Electricity caused controversy. These decisions gives a different interpretation of Article 33 of the Constitution of 1945, which likely have implications for Indonesia’s economic development policy. Branches of production which is important for the livelihoods of people and natural resources, is placed in the area of public law rather than private. The consequences are arranged by state control rights as a collective representation of Indonesian society. Thus, the form that allows management of a joint is through cooperatives and the state delegation of the management of public goods to the non-state (cooperative), can only be done with the instrument of one-sided legal action.

Menggagas Penerapan Judicial Restraint Di Mahkamah Konstitusi Wicaksana Dramanda
Jurnal Konstitusi Vol 11, No 4 (2014)
Publisher : The Constitutional Court of the Republic of Indonesia

Many controversial decision made by Constitutional Court resulted in the emergence of the idea to limit the judicial power. One of the ideas that surfaced to limit the judicial power without disturbing the idea of judicial independence is judicial restraint. The idea of judicial restraint puts limitation on certain forms. The forms of limitation under judicial restraint could be limitation based on constitutional norms, limitation based on policies for restraint (self-restraint), and the limitation imposed by certain doctrines. Judicial restraint requires the judicial power to refrain from tendencies to act like a mini parliament that can lead to the juristocracy. Judicial restraint also requires judicial power not interfere the other branches of power.

PERAN MAHKAMAH KONSTITUSI DALAM MEWUJUDKAN FAIR EQUALITY OF OPPORTUNITY DI INDONESIA (ANALISIS PUTUSAN NOMOR 117/PUU-VII/2009) Dian Agung Wicaksono
Jurnal Konstitusi Vol 9, No 1 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Through the decision No. 117/PUU-VII/2009, Constitutional Court applies Rawls conception of justice that emphasizes the equality of all people with equality of opportunity by applying fair or equal opportunity principle. Institutional design between the DPR and DPD viewed by Constitutional Court as an inequiality condition, so that to reach a value of justice, equal opportunity principle should take precedence and priority. Stregthening DPD is necessary to uphold the checks and balances mechanisms in Indonesia.

Konstitusi Ekonomi Menghadapi Masyarakat Ekonomi ASeAn (MeA) Tahun 2015 Oly Viana Agustine
Jurnal Konstitusi Vol 11, No 4 (2014)
Publisher : The Constitutional Court of the Republic of Indonesia

Constitutional economics is the main out line of the state indetermining the policy direction in the preparation, implementation and protection of the country’s economy and citizens. Thought contained in the constitutionin economics will be a guide in the country’s economic development and economic policy formation. Importance of economics in the constitution, would be a zone defense in them iddle of the development of the more advanced economies of the developed and developing countries in preparation for the implementation of the ASEAN Economic Community (AEC) by 2015 MEA conceptis formed by a single market in Southeast Asia. MEA it self aim stoin crease competition and improve the quality of ASEAN citizens to be able tobe competitive with people outside ASEAN. In addition to the MEA expected to attractin ward investment in ASEAN so as to provide increased economic and social welfare of ASEAN. With the MEA provides an easier alternative path way in which a country is able to sell the products of both goods and services easily.

Sengketa Pemilukada Kotawaringin Barat (Analisis Terhadap Putusan MK No. 45/PHPU.D-VIII/2010 dari Perspektif Hukum Negara dan Hukum Islam) Noorwahidah Noorwahidah
Jurnal Konstitusi Vol 8, No 1 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

In addressing the problem Dispute of Election Results (PHPU) of West Kotawaringin, the Constitutional Court (MK) has made a controversial decision. The decision was not only disqualifying candidates, but also ordered the Local Election Commission to appoint elected mayor and deputy mayor. Some experts argue this decision exceeds the authority of the Court. Some other judge that the Court is correct. The Act does give authority to the Constitutional Court to try a PHPU case but not explicitly regulate and define the authority to disqualify a winner. Thus, this decision is an ijtihad of the judges. From the law and legislation of view the decision was not contrary to law. In the Islamic perspective, the decision was in line with maqashid ash-Sharia (Shari’a purposes).

Kejahatan Kerah Putih, Kontraterorisme dan Perlindungan Hak Konstitusi Warga Negara dalam Bidang Ekonomi Frassminggi Kamasa
Jurnal Konstitusi Vol 11, No 4 (2014)
Publisher : The Constitutional Court of the Republic of Indonesia

This article reviews the relationship between white-collar crimes, terrorism, and Indonesia’s counterterrorism policy. Indonesia’s counterterrorism policy yet include white-collar crimes, especially in economy, monetary, and banking, as a form of terrorism. This is because two things: the ignorance of the law enforcements on the white-collar crimes’ modus operandi and its reality that growing fast due to the development in science and technology. As a result, although white-collar crimes are so destructive and growing rapidly but Indonesia’s legal instruments to date did not have an integrated codification of law to eradicate it. Furthermore, Indonesia’s counterterrorism policy looks lopsided because it focused on street crimes or blue-collar crimes, the crimes committed by the lower class strata in such vulgar, unsophisticated, and violent natures. That is in contrast with the white- collar crimes which are so corrupt, destructive, and wicked because it conducted in a sophisticated, fraudulent, and systematic way. Thus, if the definition of terrorism only focuses in the type of street crimes then the corrupt practices, fraud, and deception in the white-collar crimes will be difficult to unfold and it seemed even strengthened, protected, and ultimately have a great potential in undermining the national stability.

Page 49 of 90 | Total Record : 896

47 48 49 50 51

Filter by Year

2010 2022

Filter By Issues

All Issue Vol 19, No 4 (2022) Vol 19, No 3 (2022) Vol 19, No 2 (2022) Vol 19, No 1 (2022) Vol 18, No 4 (2021) Vol 18, No 3 (2021) Vol 18, No 2 (2021) Vol 18, No 1 (2021) Vol 17, No 4 (2020) Vol 17, No 3 (2020) Vol 17, No 2 (2020) Vol 17, No 1 (2020) Vol 16, No 4 (2019) Vol 16, No 3 (2019) Vol 16, No 2 (2019) Vol 16, No 2 (2019) Vol 16, No 1 (2019) Vol 16, No 1 (2019) Vol 15, No 4 (2018) Vol 15, No 4 (2018) Vol 15, No 3 (2018) Vol 15, No 3 (2018) Vol 15, No 2 (2018) Vol 15, No 2 (2018) Vol 15, No 1 (2018) Vol 15, No 1 (2018) Vol 14, No 4 (2017) Vol 14, No 4 (2017) Vol 14, No 3 (2017) Vol 14, No 3 (2017) Vol 14, No 2 (2017) Vol 14, No 2 (2017) Vol 14, No 1 (2017) Vol 14, No 1 (2017) Vol 13, No 4 (2016) Vol 13, No 4 (2016) Vol 13, No 3 (2016) Vol 13, No 3 (2016) Vol 13, No 2 (2016) Vol 13, No 2 (2016) Vol 13, No 1 (2016) Vol 13, No 1 (2016) Vol 12, No 4 (2015) Vol 12, No 4 (2015) Vol 12, No 3 (2015) Vol 12, No 3 (2015) Vol 12, No 2 (2015) Vol 12, No 2 (2015) Vol 12, No 1 (2015) Vol 12, No 1 (2015) Vol 11, No 4 (2014) Vol 11, No 4 (2014) Vol 11, No 3 (2014) Vol 11, No 3 (2014) Vol 11, No 2 (2014) Vol 11, No 2 (2014) Vol 11, No 1 (2014) Vol 11, No 1 (2014) Vol 10, No 4 (2013) Vol 10, No 4 (2013) Vol 10, No 3 (2013) Vol 10, No 3 (2013) Vol 10, No 2 (2013) Vol 10, No 2 (2013) Vol 10, No 1 (2013) Vol 10, No 1 (2013) Vol 9, No 4 (2012) Vol 9, No 4 (2012) Vol 9, No 3 (2012) Vol 9, No 3 (2012) Vol 9, No 2 (2012) Vol 9, No 2 (2012) Vol 9, No 1 (2012) Vol 9, No 1 (2012) Vol 8, No 6 (2011) Vol 8, No 6 (2011) Vol 8, No 5 (2011) Vol 8, No 5 (2011) Vol 8, No 4 (2011) Vol 8, No 4 (2011) Vol 8, No 3 (2011) Vol 8, No 3 (2011) Vol 8, No 2 (2011) Vol 8, No 2 (2011) Vol 8, No 1 (2011) Vol 8, No 1 (2011) Vol 7, No 6 (2010) Vol 7, No 6 (2010) Vol 7, No 5 (2010) Vol 7, No 5 (2010) Vol 7, No 4 (2010) Vol 7, No 4 (2010) Vol 7, No 3 (2010) Vol 7, No 3 (2010) Vol 7, No 2 (2010) Vol 7, No 2 (2010) Vol 7, No 1 (2010) Vol 7, No 1 (2010) More Issue

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
jurnalkonstitusi@mkri.id

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

Location
Kota adm. jakarta pusat,

Dki jakarta

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name -

Contact Email -

Phone -

Journal Mail Official jurnalkonstitusi@mkri.id

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

Location Kota adm. jakarta pusat, Dki jakarta INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
jurnalkonstitusi@mkri.id

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

Location
Kota adm. jakarta pusat,

Dki jakarta

INDONESIA