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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

75 76 77 78 79

Penerapan Pasal 1 ayat (2) Kitab Undang-Undang Hukum Pidana dalam Perspektif Kontemporer Damian Agata Yuvens
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

Article 1 paragraph (2) Indonesian Criminal Code is an article designed as bridge between the old and new criminal provisions. Recalling the “age” of Article 1 paragraph (2) Indonesian Criminal Code that is so old, there is an urgency to conduct analysis in contemporary perspective whether or not Article 1 paragraph (2) Indonesian Criminal Code can be implemented under the current law regime in Indonesia. In implementing Article 1 paragraph (2) Indonesian Criminal Code, elements that shall be regarded are: (i) defendant; (ii) change of laws and regulations after the crime is committed; (iii) most favourable provision. There should be an adjustment on the method of interpreting both elements of defendant and change of law and regulations; on the other hand, there must be a case-by-case study to answer the element of most favourable provision. Aside from elements of Article 1 paragraph (2) Indonesian Criminal Code, there should also be a consideration on transitional provisions of the changed law to determine whether or not Article 1 paragraph (2) Indonesian Criminal Code could be implemented.

Ekstensifikasi Subjectum Litis dalam Perselisihan Pemilu Legislatif dan Pemilihan Kepala Daerah Oly Viana Agustine
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

Subjectum litis in The Legislative and Regional Head Election Disputes in Indonesia has been determined in a limited manner in The legislation and The regulation of the Constitutional Court. However along with the election, there is expansion and constriction of subjectum litis. The purpose of this study was to investigate the determinant factors that cause flexibility of subjectum litis in legislative and regional head election dispute. In addition, no previous studies that examine factors associated with the causes flexibility of subjectum litis in the legislative and the regional headselestion.The method used in this research is using qualitative methods with normative juridical approach by collecting data and information of the legislative and head regional election dispute advance in literature. The results obtained in this study that the shift in legislative elections expanded not only to political parties and individuals DPD that can be subjectum litis but also those of individual candidates of political parties can be subjectum litis in the legislative election disputes. The factor that caused it is the choice of electoral system is still used to 2014 electoral system. Meanwhile, the Regional Head election disputes in general as subjectum litis are that couple candidates for Governor and Vice Governor, Regent and Vice Regent and the Mayor and Deputy Mayor. But in its development, the narrowing of the only candidates who met the threshold difference of votes that can act as an applicant. Besides narrowing, there is also an extension where Consitutional court accommodate domestic election observers were registered and accredited by the KPU / KIP can act as subjectum litis and as the applicant would be candidates in the General Election of 2010. Factors that cause the narrowing and expansion in the elections of regional heads are the will of lawmakers and the limited authority of the Consitutional court as well as the presence of a single candidate who is not predictable by lawmakers in drafting electoral laws regional head. Whereas in 2010, the expansion of subjectum litis because the Court did extensive interpretation caused by serious violations of the right to be elected (rights to be a candidate). Suggestions for lawmakers tobe more thoroughly formulate norms by looking at the existing state of society so it can bring justice and legal certainty both for the expectant couple and society.

Nasab Anak Luar Kawin Pasca Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010 Achmad Irwan Hamzani
Jurnal Konstitusi Vol 12, No 1 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

Constitutional Court Decision No. 46/PUU-VIII/2010 granted the petition Machica Mochtar, who is married with Moerdiono the Islamic religion in accordance, but not recorded. If the marriage was born a boy named Mohammed Iqbal Ramadan. After the decision of the Court, the status of illegitimate children has a civil relationship with his father and his father’s family. Child outside marriage include children born of the marriage legitimate religion, but not recorded, and the children born from adultery. According to Islamic law, the Constitutional Court’s decision is appropriate when applied to the child of a valid marriage according to religious but not registered. Meanwhile, when applied to children outside marriage, adultery result, the Court’s decision is contrary to Islamic law.

Implementasi Kewenangan DKPP Pasca Putusan Mahkamah Konstitusi Nomor 115/PHPU.D-XI/2013 Muh. Salman Darwis
Jurnal Konstitusi Vol 12, No 1 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

The existence of DKPP as one of the administration institutions of elections, causing a variety of problems in the implementation of its authority. This is due to the absence of a sufficiently clear parameters or benchmarks used by DKPP in dealing with the violations of code of conducting for the election. Finally, using the argument of the restorative justice, DKPP takes care ofthe implementation of the election by assigning the couplecandidate of participants forthe election and solves the disputes of determination of couple candidate for the election. The decison of Constitutional Court No. 115/PHPU.D-XI/2013,warns the DKPP to be consisten,adjudicating, and determine the violations of code of conduct in theimplementation of the election. Besides, decisions of DKPP shouldcharacteristically be recommendation and not be final and binding because it inflicts psychological effects forboard of KPU as well as bawaslu that is thefear of dismissal sanction or temporary dismissal and potentially incurring prolongedlaw polemic.

Legal Reasoning Pada Perkara Pengujian Undang-Undang (Studi Perbandingan) Loura Hardjaloka
Jurnal Konstitusi Vol 12, No 1 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

Article 24 C of Third Amendment of Constitution Law 1945 is the basis of the Constitutional Court to give the final and binding decision in terms of law examination against Constitution Law 1945. Constitutional Court has a restriction to not examine the nebis in idem case unless there is a different substance of Constitutional Law 1945 which is used as the based of examination. In this paper, there are 12 (twelve) Constitutional Court’s decisions on law re-examination against the Constitutional Law 1945 because using different substance of Constitutional Law 1945 as the based of examination. Based on the research, which has been conducted, there are legal reasoning differences in accepting and deciding the cases which have been decided previously which the Court uses different legal interpretation and construction in deciding the case. Thus, this paper will examine and compare legal reasoning methods which are used in deciding the case.

Menakar Konstitusionalitas sebuah Kebijakan Hukum Terbuka dalam Pengujian Undang-Undang Mardian Wibowo
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

This study attempts to elaborate the definition of the “open legal policy” concept which has stated by the Constitutional Court as the autonomy of the Law- making body whenever UUD 1945 as the constitution did not regulate particular substances of a Law that is being made. In order to prevent this autonomy leans toward arbitrariness, it is necessary to establish a model of review towards open legal policies. One feasable option that the Constitutional Court could adapt is the "maximin" strategy (selecting the best option in numbers of bad possibilities) which is developed from the rational choice approach.

Prinsip Kebebasan Hakim dalam Memutus Perkara Sebagai Amanat Konstitusi Firman Floranta Adonara
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

The principle of judicial independence is part of the judicial power. Judicial power is independent of state power to conduct judiciary to uphold law and justice based on Pancasila and the 1945 Constitution, for the implementation of the legal state of the Republic of Indonesia, as requested Article 24 of the 1945 Constitution principle of judicial independence in carrying out his duties as a judge, it can give you the sense that judges in performing their duties of judicial power should not be bound by any and / or pressured by anyone, but free to do anything. The principle of judicial independence is an independence or freedom possessed by the judiciary for the creation of a decision that is both objective and impartial. The Indonesian judges understand and implement the meaning of judicial independence as a responsible freedom, freedom in order corridor legislation applicable to the principal duty of the judicial authorities in accordance procedural law and regulations in force without being influenced by the government, interests, pressure groups , print media, electronic media, and influential individuals.

Refraksi dan Alinasi Pengangkatan Hakim Konstitusi Mira Fajriyah
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

The Justice appointment of The Constitutional Court is an entry point of the independence and impartiality of The Constitutional Court in Indonesia. There is some refraction on the mechanism of the Justice appointment of The Constitutional Court either in the juridical case also in the socio-juridical case. In the juridical case, there is a substantive regulation flaw as be found in UUD N RI 1945, UU KK dan UU MK. In the socio-juridical case, there is three discourse points to change the mechanism of the Justice appointment of The Constitutional Court. Those discourse points consist of the context of requirement, the ultimate right enforcement of DPR, Presiden and Mahkamah Agung in the Justice appointment of The Constitutional Court which dealing the democratic principle, and the last is about the ideal composition of The Constitutional Court’s Justice based on their political background. Those juridical and socio-juridical cases have to guiding back to the characteristic of The Constitutional Court which will produce the alignment of The Justice appointment of The Constitutional Court. The concept is a juridical alignment that changing the regulation of mechanism of the Justice appointment of The Constitutional Court to fulfill the law hierarchy system and also to accommodate the socio-juridical case substantively and democratically.

Sistem Penanganan Tindak Pidana Pemilu Khairul Fahmi
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

Penal law is a branch of law applied as instrument in overseeing free and fair election. By means of penal law or its approach, it is expected that various offenses can be proceeded in the course of assuring fair election processes. However, in regulation and implementation, the application of penal law in administration of election is yet effective. This is due to the legal subsystems that underlie the election legal system which comprise election penal law, apparatus involved in the enforcement of election law, and the culture of the parties involved in election administration.

Cita Demokrasi Indonesia dalam Politik Hukum Pengawasan Dewan Perwakilan Rakyat terhadap Pemerintah Zulkarnain Ridlwan
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

Constitutional discourse can not be separated from the discussion on democracy building. The existence of the House of Representatives in Indonesia with its oversight function of government is one manifestation of democracy. With a historical approach juridical writings results of this study concluded that the statute law of political representative institutions is likely to continue to strengthen parliamentary oversight of government functions by providing additional instruments that can be used by the legislature as an institution and the individual members of the House to conduct oversight. The legal political tendencies are in accordance with the ideals of democracy in Indonesia who wanted representation of the people in the context of the embodiment of the people’s sovereignty in a representative body, but does not eliminate the critical power of the people to the ruler.

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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