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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

78 79 80 81 82

Pembatasan Hak Bagi Mantan Terpidana Korupsi Menjadi Calon Kepala Daerah Donal Fariz
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

Election as an instrument of elite circulation actually creates another problem, namely corruption. A strict of legal instrument is needed to arrange nominations for candidates for public officials, one of which is the head of the region in order to obtain qualified candidates with integrity to be elected by voters. One form is by limiting the rights of former convicted corruption cases to be able to run for candidates for regional head. These restrictions are permitted conceptually and are emphasized through a number of decisions of the Constitutional Court. Research questions in this paper consist of: first, how are the problems of corruption and democracy that occur in Indonesia? Second, how are the concepts and regulation on the right of politics? Third, how are the development of the decisions of the Constitutional Court related to the right for former convicts of corruption to run for candidates as regional heads? This research uses the normative juridical method.

Pembatasan Kekuasaan Presiden dalam Melakukan Perjanjian Pinjaman Luar Negeri Pasca Amandemen UUD 1945 Merdiansa Paputungan; Zainal Arifin Hoesein
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

Salah satu isu yang menjadi konteks empiris pada saat amandemen UUD 1945, adalah pinjaman luar negeri Indonesia pada masa Orde Baru. Hal ini mendorong perubahan Pasal 11 UUD 1945, yang pada pokoknya menentukan sebuah keharusan bagi Presiden untuk mendapatkan persetujuan DPR dalam membuat perjanjian pinjaman luar negeri. Akan tetapi dalam pengaturan kemudian, persetujuan DPR sebagai bentuk pembatasan kekuasaan Presiden di bidang diplomatik ini, justru direduksi menjadi persetujuan yang terbatas diberikan terhadap Undang-Undang APBN. Penelitian ini dimaksudkan untuk mengurai berbagai permasalahan seputar persetujuan DPR sebagai bentuk pembatasan kekuasaan Presiden, dan pengaturannya dalam Peraturan Perundang-Undangan Pasca amandemen UUD 1945.

Pemilihan Umum Serentak yang Berintegritas sebagai Pembaruan Demokrasi Indonesia Achmad Edi Subiyanto
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

The implementation of the General Election of the President and Vice President after the General Election of Members of the House of Representatives, the Regional Representatives Council, and the Regional People’s Legislative Assembly turned out to be unable to become a tool for transforming social change in the desired direction. The experience of these constitutional practices did not strengthen the governance system desired by the 1945 Constitution of the Republic of Indonesia. That, through the Decision of the Constitutional Court General Elections are held simultaneously. However, there are weaknesses in the preparation of the policy for implementing general elections simultaneously. The decision of the Constitutional Court should be followed by an evidence-based policy making process with strong data and based on simulations of implementation. Therefore, the burden of organizing General Elections can be identified from the start and steps to minimize risk can be considered if things happen that are not desirable. Then what is equally important is that it needs to be evaluated on the issue of the integrity of the organizers or participants of the General Election, for example by tightening the recruitment system, so that it can create simultaneous elections with integrity in the future

Kedudukan Fraksi di Dewan Perwakilan Rakyat Republik Indonesia Pasca Reformasi Fathan Ali Mubiina
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

The Faction of Political Party in the Indonesian House of Representatives or Parliament is as a strategic forum in the political system in Indonesia in order to connect between the process of forming government policy both in the executive and legislative branches with its citizens as a form of structured channeling of aspirations. Because in political parties there is a form of institutionalization of the expression of ideas, thoughts, views, and free beliefs in a democratic society. Then the political parties also according to the laws and regulations in force in the history of the development of political parties after the reform is to function as political education, absorb, channel and fight for the interests of the community, and prepare community members to fill political positions in accordance with the existing democratic mechanism in Indonesia through representative democracy. The pattern of relations between political parties and the DPR RI is quite simple, namely political parties have the right to participate in the election process for legislative members in the DPR RI. This legal research is prescriptive in nature, which is carried out to solve the legal issues at hand.

Relevansi Putusan Mahkamah Konstitusi Nomor 22/PUU-XV/2017 dalam Upaya Mencegah Perkawinan Usia Anak Haniah Ilhami
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

This research concludes that the Constitutional Court Decision Number 22 / PUU-XV / 2017 which mandates the legislators to revise the age-limit of marriage, is irrelevant in preventing child-age marriages. Indonesian marriage legal system continues to open up opportunities for deviations of the principle of age-limit of marriage through Dispensation of Marriage. This research finds the juridical development on Dispensation of Marriage on the type of marriage requiring Dispensation of Marriage, the applicant of Dispensation of Marriage, the authority to provide Dispensation of Marriage, and the administrative requirements to submit the Dispensation. Based on these developments, several factors that cause irrelevancy of the Constitutional Court Decision Number 22 / PUU-XV / 2017 in preventing child-age marriages are the absence of specific requirements in the application of Dispensation of Marriage to the court, the existence of the Principle of Freedom in procedural law, the voluntary nature attached in the request for Dispensation of Marriage, as well as the extension of provisions of applicants who can submit an application to the court.

Menata Ulang Relasi Majelis Permusyawaratan Rakyat dan Presiden Melalui Politik Hukum Haluan Negara Sutan Sorik; Dian Aulia
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

This study discusses the relationship between the MPR and the President in the formation, establishment and accountability of achieving national development. The research method used in this study is qualitative, with normative juridical type of research. The results of the study indicate that post-national development reform is not based on concrete guidelines as outlined in the State Policy. Development is carried out by the President and Vice President elected by referring to the vision and mission at the time of nominating the presidential and vice presidential elections. So that national development often experiences political conflicts that cause unsustainable national development, it is also due to the absence of state institutions that are able to fully control the achievement of national development plans and their accountability. Therefore, the arrangement of relations between the MPR and the President should have been carried out. Ideally, it is expected that the MPR and the President will work together in making and setting the country’s direction. The MPR and the President must coordinate with the principle of checks and balances. So that the goal of forming an Indonesian government listed in the fourth paragraph of the opening of the 1945 Constitution can be achieved.

Perdebatan dan Fenomena Global Legalisasi Pernikahan Sesama Jenis: Studi Kasus Amerika Serikat, Singapura, dan Indonesia Anna Triningsih; Oly Viana Agustine
Jurnal Konstitusi Vol 18, No 1 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

Same sex marriage is currently an international and controversial issue. The issues drive people from around the world, with different culture, religion, and countries into a dividing debate: is same-sex marriage needs to be legalized or banned? The debates brought some countries in different stances, some legalize, some ban and criminalize, and some without clear or specific rules in banning or legalizing it. Due to the differences found between countries, this research aims to provide answer and conclusion to this crucial question: is same-sex marriage is a universal human rights, in which countries should recognize and legalize it? The results of this study show that same-sex marriage is not a phenomenon or a right that can be accepted and recognized in all countries, cultural settings, and religions. Therefore same-sex marriage does not fulfill the requirements to be said as a universal human right which absolutely must be recognized, accepted, and fulfilled by all countries (without exceptional) in the world. Therefore, the policy to legalize or prohibit same-sex marriage is entirely an open legal policy which can be freely chosen by each sovereign state. There is no obligation under international law to legalize or prohibit that matter because it is not a universal human rights and moral standard which can be enforced recognition and fulfillment in every country.

Penyelesaian Sengketa Batas Wilayah Melalui Pengujian Undang-Undang di Mahkamah Konstitusi Jayanti puspitaningrum
Jurnal Konstitusi Vol 17, No 3 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

This research discusses the interpretation of the Constitutional Court in reviewing laws regarding the formation of regions whose decisions grant the petitioner’s petition which have implications for changes in territorial boundaries, namely the Constitutional Court Decision No. 127 / PUU-VII / 2009. There are two problems examined in this research, namely (1) How is the interpretation of the Constitutional Court in resolving territorial boundary disputes through testing the laws in review of the 1945 Constitution; (2) How the design of territorial boundary dispute resolution constitutionally. The research method used is normative juridical research using a conceptual approach. In addition, it is reviewed with case studies related to the material being studied. The results of this study are (1) Based on the review of the Constitutional Court decision no. 127 / PUU-VII / 2009 which granted the request for judicial review of Law No. 56 of 2008 concerning the Establishment of Tambrauw Regency, the Constitutional Court stated that the legislators had ignored the aspirations of the people of Tambrauw Regency who had divided its territory from 10 (ten) districts into 5 (five) districts. This decision implied that 5 districts were re-entered into Law no. 56 of 2008 added 1 (one) district namely Fef District so that Tambrauw Regency has 11 (eleven) districts. Second, the design for the settlement of territorial boundaries is regulated in Permendagri Number 141 of 2017 and Law Number 23 of 2014, namely through Administrative (nonlegal) settlement by the Governor and the Minister of Home Affairs. In addition, legal dispute resolution is carried out through the Minister of Home Affairs’ judicial review rights at the Supreme Court and the Constitutional Court through judicial review of regional formation laws.

Pemindahan Ibu Kota Indonesia dan Kekuasaan Presiden dalam Perspektif Konstitusi Fikri Hadi; Rosa Ristawati
Jurnal Konstitusi Vol 17, No 3 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

In 16 August 2019, the President of Republic of Indonesia gave speech on an idea of the translocation of the Indonesian capital city. The new capital city has also already decided by the President. The decision is made before the legal analysis including the legal basis of the decision to have new capital city. This paper will discuss the concept of the capital city from general- legal perspective to comparative perspective. This paper also discuss on how the concept of capital city is developed in Indonesia from the historical constitutional perspective. It will also analyze the presidential authority on the idea of proposing and deciding the translocation of the capital city. The argument in this paper is written as a legal argument by having perspective on the doctrinal-legal approach. It will use conceptual approach, legal and statutes approach and constitutional history approach. This paper ends up with the conclusion that the concept of the Indonesian capital city is different from the concept of the capital city in other countries, such as the Netherlands and Malaysia. In both countries, the concept of capital city is separated from the concept of government city, which is as the city center for governmental affairs. Besides, it is concluded that based on the Indonesian Constitution, the President of Republic of Indonesia has no absolute authority on the issue of translocation of the capital city. The President of Republic of Indonesia may have the power to propose the translocation of the capital city but there shall be further process of joint discussion and joint approval by the President and the DPR.

Integrasi Konstitusional Kewenangan Judicial Review Mahkamah Konstitusi dan Mahkamah Agung Maruarar Siahaan
Jurnal Konstitusi Vol 17, No 4 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

The separation of judicial review authority of the rules and regulation between the Supreme Court and the Constitutional Court raises many questions, what is the reason for the Reform of the 1945 Constitution to make this separation. The results of the study state that in countries that adopt the civil law system submit all judicial review authority to the MK, so that the separation of testing or judicial review that separates between the law that is the authority of the MK, and the testing of legislation under the law becomes the authority MA, is considered an awkward thing. Implications of the MK’s decision to test the legal norms of the 1945 Constitution, the scope of which may be horizontal to the same norms in the law, and vertically down to the rule of law as the implementation of the law that has been tested and stated to have no binding legal force. Conceptually the judicial review of the legislation should be under one roof. The burden of handling matters in the Supreme Court, can be a sufficient basis that the handling of judicial review under one roof system by the Constitutional Court, requires new interpretation or amendment to the 1945 Constitution, However, the conception will be difficult to realize except with the amendment of the 1945 Constitution because the divided judicial review authority is explicitly regulated in the 1945 Constitution. This will change if the MK’s decision with “courage” can give a new interpretation of the constitution, or through application of inherent/implied power jurisdiction of judicial constitutional review ”, then the granting and regulation of separate authorities made explicitly and expressively verbis in Article 24A and 24C, can be realized without demanding amendment to the 1945 Constitution concerning Article 24A paragraph (1) and Article 24C paragraph (1) of the 1945 Constitution.

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Journal Mail Official
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Kota adm. jakarta pusat,

Dki jakarta

INDONESIA