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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.

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Articles 896 Documents

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Demokrasi dan Sistem Pemerintahan Noviati, Cora Elly
Jurnal Konstitusi Vol 10, No 2 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Democracy provides an understanding that the source of power is the people with an understanding that people will give birth to a rule that will benefit and protect their rights. In order for that to happen, a rule is needed to support the idea and serves as the foundation in the life of the state to guarantee and protect the rights of the people. Such rule is called The Constitution.The understanding on the highest power itself does not need to be understood in the sense of absolute monistic and unlimited, because it is in itself that the supreme power which is in the hands of the people is limited by the agreement they set forth together as outlined in the formulation of the constitution they made and promulgated especially on the founding of the state. This is what is called the social contract between citizens as reflected in the constitution. It is that constitution which limits and regulates how the sovereignty of the people is channeled, executed and maintained in state activities and day-to- day running of the government. In essence, within the idea of popular sovereignty, it remains to be guaranteed that the people are the true owners of the State with all its authority to carry out all the functions of state power, both in the field of legislative, executive, and judiciary. It is the people who have the authority to plan, organize, implement, and conduct monitoring and assessment of the implementation of the power functions. Even further, it is for the benefit of the people that every activities aimed at. It is for the people that all the benefits gained from the functioning and the organization of the state are intended. This is the idea of popular sovereignty or democracy that is totally of the people, for the people, by the people, and with people.

Korelasi Pemilu Serentak dengan Multi Partai Sederhana Sebagai Penguatan Sistem Presidensial Hayat, Hayat
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Constitutional Court Decision No. 14/PUU-XI/2013 mandated national elections simultaneously between elections executive (President and Vice-President) and legislative (House of Representatives, Provincial and District/City). After the 1945 amendment to experience a variety of complications in the Indonesian political system nationally. Democratization deliver the Indonesian people switching system of government, ie from a presidential system to the parliamentary system. Elections as a democratic process to the leadership of the government elected by the people as a sovereign State. The system of government by consensus of the people, by the people and for the people has implications for improving the effectiveness and stability of the country. The Problem is the electoral system with the current political party system is less effective in the election which is actually held separately between the presidential election, and the election pileg. Giving rise to various problems of the complexity of government (central and local governments). In the hierarchy, the presidential system is less relevant to the separate electoral system between national elections (pileg and presidential) election and the multi-party system. Political reality with the current system adopted, lead to conflicts among constituents, a very high political costs for the government and the candidates (candidates), strengthening of money politics is difficult to avoid the impact of a majority vote, a negative effect on the psychology of candidates when lost or won in battle politics, coalitions are not “healthy” in the implementation of the government, due to various political ideologies and individual interests, as well as the problems of the strategic policies of government. The correlation between electoral systems simultaneously with a multi-party system is a simplified alternative solution in presidential systems strengthening to improve the welfare of the whole people of Indonesia.

Tinjauan Hak Konstitusional terhadap Korban Bencana Lumpur Lapindo Minanda, Evy Flamboyan; Juniati, Tria
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

Events ‘Lapindo Mud’ in Sidoardjo shocked Indonesian society. In the case of this mud volcano, Lapindo allegedly “intentionally save ‘operational costs by not installing casing. When viewed from an economic perspective, the decision affects the installation of the casing to the costs incurred Lapindo. This case has caused harm to residents Siduardjo. This case is just one case, of cases in the field of environmental law that led to disaster for the people of Indonesia. Constitution of the Republic of Indonesia Year 1945 is to include environmental provisions in it, then followed the birth of Law Number 24 Year 2007 on Disaster Management. At the time of this disaster happened, the setting of environmental management regulated in Law Number 23 Year 1997. Are there provisions that already reflects the constitutional rights of disaster victims?Does the presence of the law could meet the challenge? How is its implementation? What about law enforcement?

Penanggulangan Pornografi dalam Mewujudkan Manusia Pancasila Bunga, Dewi
Jurnal Konstitusi Vol 8, No 4 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

The provisions concerning the prohibition of pornography are set in the national legal instruments and instruments of international law. Specifically regulated in Law no. 11 Year 2008 About Pornography whose existence was confirmed by the Constitutional Court Decision No. 10-17-23/PUU-VII/2009 who rejected the judicial review of Law no. 44 Year 2008 on Pornography seeing this legislation is still needed to protect public morality. Prohibition of pornography is also in line with the principle of the 2nd Pancasila who want a civilized human being. However, the existence of the rule is not effective in preventing pornography, especially with the internet presence that can expand and facilitate access to pornography. Therefore it is necessary efforts to control pornography in the human form of Pancasila.

Independensi Mahkamah Konstitusi dalam Proses Pemakzulan Presiden dan/atau Wakil Presiden Wahid, Abdul
Jurnal Konstitusi Vol 11, No 4 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

It has been highlighted in the constitution that the Constitutional Court has one obligation to give verdict on the House of Representatives’ (DPR) opinion regarding the impeachment of the president and/or the vice president. Obligation given by this constitution is about to prove that Indonesia is a law state. Even though the Constitutional Court has become part of the dismissal process of president and vice president, the independence of its obligation is doubted by public because of the recruitment factors of the Constitutional Court judges. Even though these judges successfully give verdict because the president or the vice president is proven to break the law, it does not mean that its verdict absolutey ties the authority of the House of Assembly (MPR).

Implikasi Putusan Mahkamah Konstitusi dalam Pemakzulan Presiden dan/atau Wakil Presiden di Indonesia Siregar, Lisdhani Hamdan
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

The one of Constitutional Court authority, commonly it called as a duty, has gived a verdict for Indonesian Legislative Assembly opinion about guess of inlegallity by doing President and or without Vice President. The characteristic of Constitutional Court’s verdict has been juridical final. As relative character of verdict, Constitutionan Court’s Verdict has not had a strength binding for The People Advisory Assembly as the last institution in settlement process for dismissal President and or without Vice President in their period to follow the Constitutional Court’s verdict, except to held plenary session like Indonesian Legislative Assembly’s opinion. It was a consequency of Article 7B Paragraph (6) Indonesian Constitution of 1945.

Judicial Preview Sebagai Mekanisme Verifikasi Konstitusionalitas Suatu Rancangan Undang-Undang Kurniawan, Alek Karci
Jurnal Konstitusi Vol 11, No 4 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

The many the petition judicial review of legislation, as legislation product Parliament and the President, at the Constitutional Court, indicates law making as any of the products of law in Indonesia is currently seen by many parties have not succeeded meet the expectations ofsociety. Contrasts, with a consequence has hundreds of articles that was canceled by Constitutional Courtsince its establishment it indicates so bad law making over the years.One of its causes weakness in order to scrutinize the drafts of the legislation in accordance with the constitution and people’s expectations. Therefore, in this research wants examine and develop a mechanism to check list to en sure that it each law making process in accordance with the constitution and people’s expectations. In this research, a method use disnormative juridical by using conceptual approach, historical and regulatory. From the research explores an extra mechanism for Constitutional Court to verify the value of constitutionality a draft law.

Telaah Putusan MK dalam Sengketa PHPU Pilpres 2004 (Perspektif Negara Demokrasi Konstitusional) Yasin, Rahman
Jurnal Konstitusi Vol 11, No 4 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

This paper aims to examine the extent of the impact of the decision of the Constitutional Court of the Republic of Indonesia No. 1/PHPU.PRES-XII/2014 related PHPU 2014 presidential election dispute in relation to the strengthening of the constitutional legitimacy of the democratic state based on law and the constitution. Constitutional Court Decision No. 1/PHPU.PRES-XII/2014 gives importance to the development of our constitutional democratic system of government in the modern era. The Constitutional Court’s decision gives the meaning of democracy in a substantial sense of justice substantive. As a state agency to maintain and oversee the constitution, the Constitutional Court has been performing its functions and powers under the provisions of Section 24C of the 1945 Constitution and Law No. 24 of 2003 on the Constitutional Court. The Constitutional Court is a high state institution that is authorized through Section 24C of the 1945 Constitution, which is the authority to hear at the first and last are the final and binding nature of the decision, which among other things PHPU deciding the case, and based on Law No. 24 of 2003 as amended by Law Law No. 8 of 2011 concerning Amendment to Law Number 24 of 2003 on the Constitutional Court, and Article 29 paragraph (1) letter d Act No. 48 of 2009 on Judicial Power of the Constitutional Court, in essence the same, which is authorized to hear at the The first and last are the final and binding nature of the decision, including the case PHPU. In this sense the decision of the Constitutional Court put an end to various political opposition including the closing of all the dynamics of the political interpretation of the law that developed in the community.

Konstitusionalisme dan Hak Asasi Manusia Marzuki, Laica
Jurnal Konstitusi Vol 8, No 4 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

The Constitution is not the main topic. The Constitution itself does not bound with the constitutionalism. The Constitution must not be the Constitutionalism. Although the concept of constitutionalism derived of the Constitution, and its development even encourage the existence of constitutional state, the essence of constitutionalism are the the power limitation of the state. The Constitutionalism build a limited State, in order to the application of state and government are not arbitrary and is clearly expressed and regulated in the articles of the Constitution.

Putusan Mahkamah Konstitusi Menghapus Rintisan Sekolah Bertaraf Internasional dalam Tinjauan Maqashid Syari’ah Suhaeri, Suhaeri
Jurnal Konstitusi Vol 10, No 2 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

Article 50 paragraph(3) of Law No. 20 of 2003 on National Education Systems that reads “Government and / or local government orgsnizes at least one education unit on all levels of education to be developed as an international strandard educational system. ”On Tuesday, 8 January 2013, Constitutional Court (MK) declared that the article no longer has binding force of law. With this MK’s verdict it is therefore clear that International-Standard Pilot Project School (RSBI) and International-Standard School (SBI) will shortly be abolished from our national education system since it is in opposition to the 1945 Constitution. Constitutional Court’s decision that abolishes RSBI is interesting because RSBI is actually expected to be the benchmark for the success of educational development. An RSBI that is established in a district serves as a model for other schools. Those schools also develop to be international-standard schools. In other words, RSBI is established to improve quality of education. Then why shouldbeabolished? Is the Constitutional Courtdecision right? Thesesarethe research question which become the subject matter of this writing. Maqashid Syari’ah method is used to find out the answer to the questions. Based on the analysis of Maqashid Syariah on the Court’s decision, the research came to a conclusion that the Ministry of education with its RSBI has higher level of mashlahat(benefit/advantage) than that of Constitutional Court’s. Moreover, in today’s global context, the Constitutional Court decision that abolished RSBI is considered inappropriate.

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