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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

83 84 85 86 87

Pola Pembuktian dalam Putusan Pengujian Formil Undang-Undang di Mahkamah Konstitusi Retno Widiastuti; Ahmad Ilham Wibowo
Jurnal Konstitusi Vol 18, No 4 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

This study examines eight decisions related to the judicial review of the legislative process in the Constitutional Court. This research aims to obtain two things, namely, (1) to find out the pattern of evidence in the decision on the judicial review of the legislative process in the Constitutional Court; and (2) to analyze the problematic pattern of evidence in the decision on the judicial review of the legislative process in the Constitutional Court. The method used in this research is juridical-normative, with a statutory, conceptual, and case approach. This research concludes, first, show a pattern of evidence that tends to be focused on proving the arguments put forward by the applicant and the evidence he submits and is characterized by the weakness of the arguments and evidence of the applicant, which in some judges’ decisions tend to be fixated on formal truths. Second, the majority of problematic legal formal testing stems from the weakness of the applicant’s evidence which is inversely proportional to the evidence submitted by the relevant parties, in this case, the DPR or the applicant who comes from a political party that has a vote base in parliament. There are other problems, namely (1) the tendency of judges to seek formal, not material truth; (2) there is room for ambiguity in the size of the violation of the procedure for the formation of law; (3) there is a paradigm that formal testing is excluded from material testing; and (4) considering the consequences of the decision.

Integrasi Sistem Peradilan Pemilihan Umum melalui Pembentukan Mahkamah Pemilihan Umum Moch. Marsa Taufiqurrohman; Jayus Jayus; A'an Efendi
Jurnal Konstitusi Vol 18, No 3 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

Elections that do not end only in counting votes, and instead have to be resolved in the judiciary, have unwittingly become a measure that can legitimize and assess the quality of democracy. This situation confirms that the existence of a judicial institution has become an important part of the sustainability of the election process. This research tries to re-evaluate the implementation process of the Election justice system in Indonesia. By using doctrinal normative legal research collaborated with the Reform Oriented Research method, this study found the problems faced in the Electoral justice system in Indonesia. These problems include the tug of war over regional head election dispute resolution, disintegration and overlapping authority for resolving general election disputes, the accumulation of Election disputes in the Constitutional Court, as well as problems regarding recall system for DPR members by political parties. In resolving these problems, this study offers an idea in the form of integrating the entire Election dispute resolution process in a Supreme Election Court. The Supreme Election Court will be positioned parallel to the Constitutional Court and Supreme Court. The Supreme Election Court has the authority to judge at the first and last levels whose decisions are final and binding to decide on violations of the code of ethics of Election administrators, violations of Election administration, election process disputes, election crimes, over results disputes and post-election disputes

Urgensi Penemuan Hukum dan Penggunaan Yurisprudensi dalam Kewenangan Mahkamah Konstitusi Imam Sujono
Jurnal Konstitusi Vol 18, No 3 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

Indonesia is a democratic state based on law (constitutional democratic state), with understanding that Constitution has a position as the supreme law, because the whole administration of the state should be based on the Constitution. The Constitutional Court was present as the guardian of the constitution to realize realization of ideals of Indonesia as a democratic state based on law. The research entitled Rechtsvinding and Jurisprudence Used by the Constitutional Court examines the importance of rechtsvinding and the attachment of using jurisprudence in deciding cases according to the authority possessed by the Constitutional Court. This research uses the Socio Legal method, which is a research method that examines a problem through normative analysis, then uses a non-legal science approach that develops in society. The results of the research that has been done are; 1) penemuan law by the Constitutional Court interpreted as an effort to how the Constitutional Court interpreting the Constitution (1945), testing the laws against the 1945 Constitution, to decide the other cases the authority granted by the 1945 Constitution, 2) The Constitutional Court there is no obligation to be bound and is not there is a prohibition to use the jurisprudence of the Supreme Court and other courts under its environment as well as the jurisprudence of the Constitutional Court itself.

Pembaharuan Sistem Hukum Nasional Terkait Pengesahan Perjanjian Internasional dalam Perlindungan Hak Konstitusional Erlina Maria Christin Sinaga; Grenata Petra Claudia
Jurnal Konstitusi Vol 18, No 3 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

In making international agreements, the political influence of the presidential authority dominates over the authority the House of Representative. Ideally, the President and the DPR should be able to provide cumulative interpretations for the primat national law and international law on an international treaty. In the judicial review case, the Constitutional Court stated that Article 10 of the International Treaty Law was declared conditionally unconstitutional as long as only certain types of international agreements had to be approved by the DPR with a law. This paper wants to discuss the implications of the Constitutional Courts decision and the mechanism for making and ratification of International Agreement. The research method used is juridical normative with regulation and decision approaches. The result of study show thatapproval from DPR is a form of representation of the people which is a manifestation of the implementation of the principle of democracy. The Proposed Amendment to Law Number 24 of 2000 concerning International Treaties has been included in the National Legislation Program with the aim of perfecting the Law on International Treaties and harmonizing it with other laws and Contitutional Court’s decisions. So, the proposed Amendment, the mechanism for making and ratifying international agreements will increasingly prioritize National Interests and not harm the regions.

Metode Tafsir Putusan Mahkamah Konstitusi dalam Pengujian Konstitusional Undang-Undang Cipta Kerja Dodi Haryono
Jurnal Konstitusi Vol 18, No 4 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

The use of the constitutional interpretation method by the judges of the Indonesian Constitutional Court (MK-RI) in their decision’s consideration (ratio decidendi) determine the decisions quality, therefore it must be chosen appropriately. In the context of Indonesian rule of law, the use of constitutional interpretation method should be implemented holistically, integrative, and using a dynamic approach, that must be harmonized with the Pancasila. This article is aimed to explain and analyze the use of constitutional interpretation method in the Constitutional Court Decision Number 91/PUU-XVIII/2020 regarding the Formal Constitutional Review of Law Number 11 of 2020 concerning Job Creation, as well as its theoretical implications. This article also proposes a new approach for constitutional interpretation method which is expected to strengthen the normative legitimacy and justification of the MK-RI decisions in the future. The method of analyses used in this article is the legal normative analyses with a conceptual approach. Finally, this article concludes that the method of constitutional interpretation in the Constitutional Court Decision Number 91/PUU-XVIII/2020 is considered as eclecticism. Using the new approach, the decision has also fulfilled the principles of holistic, integrative and dynamic constitutional interpretation based on Pancasila. For this reason, the Constitutional Court Decision Number 91/PUU-XVIII/2020 deserves to be used as one of the Landmark Decisions at the Indonesian Constitutional Court. However, the eclecticism approach wich is used by Indonesian Constitutional Court to interpret the constitution still needs to be developed in order to increase the normative of legitimacy and justification of decisions quality. In addition, that approach must also be linked to Pancasila both as a rechtsidee and staatsfundamentalnorm of the Indonesian state.

RETRACTED: Politik Hukum Pemerintah dalam Penanganan Pandemi Covid-19 Ditinjau Dari Perspektif Hak Asasi atas Kesehatan M Beni Kurniawan
Jurnal Konstitusi Vol 18, No 3 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

Jurnal Konstitusi has retracted article titled: "Politik Hukum Pemerintah dalam Penanganan Pandemi Covid-19 Ditinjau Dari Perspektif Hak Asasi atas Kesehatan" by M Beni Kurniawan, from Vol. 18, No. 3 (2021) since there has been similar publication found in Jurnal HAM Vol. 12, No. 1 (2021).This retraction announcement is necessary to maintain publication ethics.

Pemetaan Pola Permohonan dan Putusan dalam Pengujian Undang-Undang dengan Substansi Hukum Islam Dian Agung Wicaksono; Faiz Rahman; Khotibul Umam
Jurnal Konstitusi Vol 18, No 3 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

The existence of Islamic law substance in national law, specifically in an Act, has been indirectly placed the Constitutional Court in the position that also has a role in determining the development of Islamic law in the national law system. It can be seen in the context of judicial review of Act that has Islamic law substance or that explicitly regulates Islamic law. This research specifically answers: (a) how is the justification of the inclusion of Islamic law in Indonesian national law? (b) how are the pattern of judicial review petitions and court decisions of Acts related to Islamic law? This research is normative-juridical research, which analyses secondary data such as laws and regulations, Constitutional Court decisions, and articles related to the inclusion of Islamic law in the national law. The results show that the justification of the accommodation of Islamic law in the national law system is related to the construction of state and religion relationship. It indicates that Indonesia is not a religious state, but it is a state that has a divine principle. Furthermore, based on the analysis of judicial review decisions from 2003 to 2019, the pattern of petitions and court decisions of judicial reviews of laws related to Islamic law substance shows at least three main petitions, namely: (a) questioning state intervention in the implementation of Islamic law; (b) questioning the administration of the implementation of Islamic law; (c) petitions for the inclusion of Islamic law in the positive law.

Eksistensi dan Urgensi Peraturan Menteri dalam Penyelenggaraan Pemerintahan Sistem Presidensial Ridwan Ridwan
Jurnal Konstitusi Vol 18, No 4 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

This research aims to analyze Ministerial Regulations in Indonesian governmental affairs. It is normative legal research with the statute and conceptual approaches. The results of this research show in a presidential system, the position of ministry is a president’s assistant. Thus, they could not be granted attributed authorities through an act. However, the ministerial regulations remain necessary in governmental affairs, especially as a technical law for governmental and presidential regulations. They regulate and operate certain sectors of each ministry. In addition, specific governmental sectors could not be regulated proportionally by using either presidential or even governmental regulations because a governmental regulation has specific legal aims as technical provisions of acts.

Urgensi Shared Responsibility System dalam Manajemen Hakim Rizti Aprillia
Jurnal Konstitusi Vol 18, No 4 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

Discourse regarding the management of judges in Indonesia continues to emerge, especially triggered by the change of judge status from originally civil servants to state officials. In addition, the one-stop-system factor which still leaves a lot of problems gives birth to new ideas, namely the Shared Responsibility System concept or distribution of authority in judge management which the Draft is now being formulated by the DPR in the form of a draft bill on the position of judges. In many countries, the concept is commonly practiced and in line with the theory of checks and balances between state institutions in order to realize justice accountability. The research used to discuss these problems is juridical normative with a prescriptive research typology. The type of data used in this study is secondary data. The study results concluded that it is necessary to think of a way out as a new concept in improving judicial management. The solution offered was that the management of judges to be no longer carried out by one institution, but requires the involvement of other institutions.

Konstitusionalitas Pembatasan Hak Asasi Manusia dalam Putusan Mahkamah Konstitusi Idul Rishan
Jurnal Konstitusi Vol 18, No 3 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

This research try to disscus the Constitutional Court’s interpretation of Article 28J paragraph (2) of the constitution 1945; and the reasons used by constitutional court in declaring an human right limitation unconstitutional. This research is a normative legal research conducted on 19 decisions of constitutional court which contain unconstitutional human right limitation. This research conclude 4 reasons that cause unconstitutional human right limitation, there are; a) To violate the principle of human rights respectation; b) To contain element of discrimination; c) To violate the principle of legal certain; d) Not based on the strong, valid, rational, and proportional reason, and being exessif. Those reasons are alternative, which means that constitutional court can declare an human rights limitation on legislation as the unconstitutional norm only by one from that reasons.

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Contact Name
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Journal Mail Official
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Jl. Medan Merdeka Barat No. 6. Jakarta 10110

Location
Kota adm. jakarta pusat,

Dki jakarta

INDONESIA