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

49 50 51 52 53

Perppu Pengawasan Hakim Mk Versus Putusan Final Mk Malik Malik
Jurnal Konstitusi Vol 10, No 4 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

Government Regulation in Lieu of Law (Perppu) No. 1 of 2013 about the Second Amendment to Act No. 24 of 2003 about Constitutional Court (MK) is an appropriate step to recover public trust to MK after the arrest of non-active Head of MK Akil Mochtar by Corruption Eradication Commission (KPK). Many crucial things are found in Perppu No.1 of 2013 about MK and these are considered as the problem roots but also the efficacious herbs to deter against the replicated corruption practice at MK. One of them is the supervision system of Constitutional Justices. Justices of MK have been once becoming the object of the supervision of Judicial Commission (KY), but the release of the Verdict of Constitutional Court No. 005/PUU-IV/2006 has made the authority of KY to supervise Constitutional Justices degraded into inconstitutional. The verdict of Constitutional Court is final and binding, but it cannot still escape from erga omnes principle, meaning that the verdict is binding in general term and also binding for the object of dispute.

Rekonstruksi Sistem Pemerintahan Presidensiil Berdasar Undang- Undang Dasar 1945 Menuju Sistem Pemerintahan Presidensiil Murni Sulardi Sulardi
Jurnal Konstitusi Vol 9, No 3 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Indonesian governmental system is conducted based on 1945 Constitution. When varied constitutions were implemented in Indonesia in the past, the consequence is there were varied political systems. In 1999-2002, there were changes in 1945 Constitution. One of the objectives is to strengthen presidential system of government. It was expected that the amended Constitution could become the foundation of the good, effective, and efficient presidential system of government. In fact, the amended Constitution does not yet specified the characteristics of the presidential system of government, so there is awareness that a reconstruction into the presidential system of government is needed. Since 1945 independence until transition period, presidential system of government based on 1945 Constitution was conducted inconsistently because 1945 Constitution was arbitrarily interpreted by the presidents in their terms of office. Theoretically, there was a new concept on the presidential system of government, that is the pure presidential system of government. Practically, if the concept is included in 1945 Constitution, the consequence is that the president has relatively equal position among others state institutions. Then, the presidential system of government can effectively and efficiently run because each of state institutions, especially President and Parliament, can focus their attention to their tasks and duties.

Pembelajaran Hukum Melalui Perppu Nomor 1 Tahun 2013 Adventus Toding
Jurnal Konstitusi Vol 10, No 4 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

Government regulation in lieu of law is regulation released by president subjectively in force majeur condition. The change of law through the regulation is an extraordinary in nature. An extraordinary change through the government regulation in lieu of law depict a condition which put aside the change of law in normal way. The quality of the government regulation in lieu of law can be measured from the content of the regulation either from the changes made or the addition of something new that has not existed. As a regulation which contains the substance of law, the presiden’s subjectivity must objectivized through the House of Representatives. The consequence is that the regulation must be accepted or unaccepted. If accepted, then the regulation will become law. The change of law through government regulation in lieu of law will increase the qualitiy of law because enforceability of the regulation is examined empirically by the House of Representatives. Otherwise, if not acepted, the regulation will not be enforceable and evrey provision contained therein will no longer have binding force of law. Thus, the former law will prevail.

Yudisialisasi Politik dan Sikap Menahan Diri: Peran Mahkamah Konstitusi dalam Menguji Undang-Undang Bisariyadi Bisariyadi
Jurnal Konstitusi Vol 12, No 3 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

In a review of the constitutionality of law or policy, the Constitutional Court can take an aggressive approach or choose to take self-restraint. Theoretical justification on the Court to change or made policy derived from the judicialization of politics. Global phenomenon indicates the shift of policy-making authority towards the judiciary. Consequently, policy makers shows resistence. Such conditions forced the Court to use a number of strategies to reduce political tensions between state institutions while at the same time the Court still protect the rights of citizens. The Court uses self-restraint approach to examine policies which in realm of legislative or executive discretion. This approach is referred to by the Court as an “open(ed) legal policy”. This study elaborates on the actions carried out by the Indonesian Constitutional Court to test the constitutionality of law or policy, both in the application of the judicialization of politics nor in the judicial restraint approach. In reality, the Court uses both of these approaches on review the constitutionality of law and policy.

Dasar Pertimbangan Yuridis Kedudukan Hukum (Legal Standing) Kesatuan Masyarakat Hukum Adat dalam Proses Pengujian Undang-Undang di Mahkamah Konstitusi Irfan Nur Rahman; Anna Triningsih; Alia Harumdani W; Nallom Kurniawan
Jurnal Konstitusi Vol 8, No 5 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

In the context of history and politics, in fact, indigenous people have been there ahead of the country of Indonesia. Protection of customary law community unit to defend their constitutional rights if there are laws that harm their constitutional rights. But there are certain requirements that must be met in order for customary law community unit having legal domicile (legal standing) to file a petition for legislation in the Constitutional Court because not all indigenous people have legal standing in testing the law. This of course has the legal implications on the recognition, respect and protection of customary law community unit, namely the unity of indigenous people that still exist are not automatically recognized as customary law community unit unless it has to meet certain constitutional requirements set out in the 1945 post-change.The purpose of the conduct of this research is to discover, deepen and develop ideas related to concepts, theories, principles of legal and normative provisions concerning the legal status of customary law community unit in the proceedings in the Constitutional Court.Requirement for customary law community unit in order to have legal status (legal standing) as the applicant in the testing of the Act is quite heavy, but must prove himself as a customary law community unit as referred to in Article 51 paragraph (1) letter b Law the Constitutional Court, must also meet 5 (five) loss of constitutional requirements as specified in jurisprudence of the Constitutional Court. The legal position because of the weight requirement (legal standing) for customary law community unit, until now there is no applicant who claims to customary law community unit, has a legal domicile (legal standing) in testing the law. Typology and benchmarks about who is categorized as a customary law community unit is still not clear, so that through decision No. 31/PUU-V/2007, the Court gave typology and size of the unity of indigenous people by interpreting Article 18B paragraph (2) of the 1945 Constitution

Komparasi Mekanisme Penyelesaian Sengketa Pemilu di Beberapa Negara Penganut Paham Demokrasi Konstitusional Bisariyadi Bisariyadi; Anna Triningsih; Meyrinda Rahmawaty H; Alia Harumdani W
Jurnal Konstitusi Vol 9, No 3 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Every country in the world, moreover in every country which has implemented the way of life of democcratic and nation, presume that election is one of the important element as a marker of democracy of the country and also has a practical function of government political as a succession’s tool between the government parties and the oposition parties. In every democratic constitutional state, the election process has a purpose to embody will of the people into pattern of power without violence.The election process will not only be assessed by sticking to the existing legal framework but the laws, codes of conduct of the election and its implementation needs to be tested and adjusted if it is in accordance with its primary purpose or not without ignoring the rights of individuals or people. In the process of the general election, the election process does not always run smoothly. Various obstacles in the implementation of good elections that occurred both during and previous election, is a problem that certainly would have widely spread impact if not immediately resolved. The existence of problems in the election related to dissatisfaction of decision of the election or criminal violations and administrative which can influence the result of election is commonly known by electoral disputes. In order the election dispute does not disturb the constitutional system or system of government of a country or region, it requires an electoral dispute resolution mechanisms that effective and can give a fair decision to the parties.The main problem is how the benchmark of an electoral dispute resolution mechanisms that are effective? Because, if traced further and reflect on democracies country in the world, not all democracies country, especially the democracies country which basing on the supremacy of the constitution, has the same electoral dispute resolution mechanisms between one country to another country. This is very important, because by knowing the measure or the benchmark of the effectiveness of an electoral dispute resolution mechanisms, we can consider to choose which electoral dispute resolution mechanisms that appropriate and give the fairness to the parties and society in general.

Hak Warga Negara Dalam Memperoleh Pendidikan Emmanuel Sujatmoko
Jurnal Konstitusi Vol 7, No 1 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

The state are obliged to ensure a quality education and without discrimination to every citizen, to meet the educational rights of every citizen, in order to produce the output quality of education really qualified. Starting from the lofty goals for the nation’s intellectual life as stated in the opening of the Constitution of 1945, until now, the efforts to develop the intellectual life of the nation seems to still have a lot of obstacles. Increasing numbers of poor families in Indonesia since the economic crisis that hit in mid-1998 and more children are forced (or forced) to beg in the streets and singing when they should be in classrooms to learn. The ignorance is a source of oppression for humanity, if up to this time, the state did not implement its obligations in fulfilling the rights of its citizens to acquire basic education, then the state has violated human rights and constitutional violations.

Penyusunan Program Legislasi Daerah yang Partisipatif Sunarno Danusastro
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

This research studies and answers the problem concerning the development of participatory Local Legislation Program. In addition it also aims to find out the role of Local Government in developing a participatory Local Legislation Program.This study was a non-doctrinal or empirical law research that was exploratory in nature. The research was taken place in Surakarta. The types of data used were primary and secondary data. The primary data source was obtained from the result of interview with the Meeting and Legislation Division of Surakarta City’s Local Legislative Assembly, Law and Human Right Division of Surakarta City Government, Non Government Organization, and Political Parties related to the development of participatory Local Legislation Program. The secondary data source derived from the law materials involving primary, secondary, and tertiary law materials. Techniques of collecting data used were interview and library study from the books, legislations, documents, and etc. The data analysis was done using an interactive model of qualitative analysis starting with data collection, then data reduction, data display, and finally conclusion drawing.To make a description and perception on the problem, the local government, local legislation, and democratic theories. From the discussion of research result, the following conclusion could be drawn: Democracy is a part of constitutional state of Indonesia characterized by among other community participation in the government as the form of people sovereignty. In the process of developing Local Regulation, the participatory Local Legislation Program occupies a very important position because it can become the reference concerning the scale of Local Regulation draft development priority for 1-year period corresponding to the mandate of Act Number 12 of 2011 about the Legislation Development. For that reason, the local government, in this case Municipal Government and Local Legislative Assembly as the holder of authority of developing Local Legislation Program should pass through the participatory mechanism by involving the people and stakeholders such as Non Government Organization so that the Local Legislation Program yielded was the aspiratory and participatory proposals of Local Regulation Draft and in practice, such the proposals of Local Regulation Draft was developed in planned, integrated and systematic manner.

Kewenangan Mahkamah Konstitusi Memutus Perselisihan Hasil Pemilu Sebagai Bentuk Judicialization 0f Politics Abdurrachman Satrio
Jurnal Konstitusi Vol 12, No 1 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

Judicialization of politics are the phenomenon which usually happen in a democratic constitutional state, which cause power movement to resolve problems which related to public policy making and political nature, from the political institution to judicial institution. In Indonesia this phenomenon arise in the authority of the Constitutional Court, especially in the authority of the Constitutional Court when they adjudicate electoral result dispute, whichs so far, most widely submitted cases to the Constitutional Court. But, as a independent and impartial judicial institution the Constitutional Court must restrict to adjudicate the political cases such as electoral result dispute so that this institution would not be politicking object of another branch of government, however judicialization of politics phenomenon is something that Constitutional Court would not avoid, so that this article will examine how important the Constitutional Court to priority judicial restraint principle in order to adjudicate electoral result dispute, so that Constitutional Court would not be politicking object of another branch of government.

Mahkamah Konstitusi dan Pseudo Judicial Review dalam Perkara Pemilukada Irfan Nur Rachman
Jurnal Konstitusi Vol 12, No 1 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

Judicial review is the test act against UUD 1945 that is one authority the constitutional court. In testing legislation affairs, the constitutional court could have cancel or material handling charge article / ayat / part of a statute. But in the legal developments event at the constitutional court, turned in regional head affair how the constitutional court to review (pseudo judicial testing legislation specious) where the constitutional court to do our tests material charge / article ayat / or part of a statute. The research results show that on formil, judicial review the request in the matter of the act of testing and supplication pseudo judicial review in the matter of the results of the upcoming general election strife is different because be set by two types of laws the event under the authority of the different. However, in the context of judicial review of the verdict, construction and construction of pseudo judicial review similarities and differences will be discussed in the article below.

Page 51 of 90 | Total Record : 896

49 50 51 52 53

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