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Universalization of Democratic Constitutionalism and The Work of Constitutional Courts Today Asshiddiqie, Jimly
Constitutional Review Vol 1, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

Modern constitutions with its content of values and legal norms and universal ethics contained therein continuously inôªuence the paradigm of thought and the system of practice and constitutional democratic political regimes in the world. We may say that nowadays we are in the midst of the current development of new thoughts in the study of constitution and the practice of constitutional judiciary in the world, namely the phenomenon of âuniversal democratic constitutionalism.â Indonesia and all the states are experiencing the development of the same inôªuence, so that way of worôing of the Constitutional Court as an institution to safeguard democracy and being the upholder of the constitution shall also catch the moral signs and messages behind that new development with a critical stance, so that each of its decisions can truly produce justice, certainty, and is solvent in nature vis-Ã -vis the constitutional problems occurring in the public of the respective states.

Approaches Of The Constitutional Court Of The Russian Federation Towards Freedom Of Expression And Freedom Of Assembly Taribo, Eugenie; Kuznetcov, Dmitrii
Constitutional Review Vol 1, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

The paper consists of seven sections describing the Constitutional Courtâs practice in respect of freedom of expression and freedom of assembly issues. The matters covered by the paper includes challenges of the constitutionality of laws forbidding civil servants to give public statements, regulation of religious organisations public events, regulation of restricted urban areas where freedom of assembly is limited, the content-based restrictions in respect of LGBT-speech.

Is The Constitutional And Legal Recognition Of Traditional Community Laws Within The Multicultural Country Of Indonesia A Genuine Or Pseudo Recognition? Nurjaya, I Nyoman
Constitutional Review Vol 1, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

Indonesia is well known amongst Southeast Asian countries for it multi- cultural identity in terms of ethnicity, religion, race and social stratification. Indonesia embodies its motto of Unity in Diversity, which refers to the culturally rich configuration of Indonesia, containing cultural capital and cultural power. However, cultural diversity also yields conflict due to inter-ethnic and inter- religious disputes that have the potential to generate social disintegration and even threaten the fragmentation of Â Indonesia as a Nation Â State. Â In the eyes Â Â of legal anthropologists, sources of conflict are often based on discriminatory policies expressed within the Stateâs law and legislation with regard to the recognition and protection of local communities across the country, namely âadatâ communities practising traditional, customary law, known as âadatâ. Thus, State laws enacted and enforced by the Government tend to dominate and marginalise, even ignore the rights of Â the local communities, particularly regarding access Â to and control over natural resources, which is otherwise governed by the adat law of the region. This paper attempts to offer an answer to the fundamental question of whether the 1945 Constitution recognises and protects the traditional communities and their adat laws by employing a legal anthropological approach, with the purpose of obtaining a better understanding of development of State law in a multicultural Nation and looking towards a more just and equitable Indonesian State law.

Seeking Transitiona Justice In Indonesia: Lessons From The Cases of Aceh, Papua And East Timor Manan, Munafrizal
Constitutional Review Vol 1, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

This article analyses the Indonesian efforts to resolve past human rights abuses under the mechanism of transitional justice following the downfall of President Soeharto on May 21, 1998. The focus of analysis is the implementation of transitional justice in the cases of Aceh, Papua, and East Timor during the transitional period. This article shows that the efforts to enforce transitional justice in these cases have been faced with obstacles. Although there have been notable efforts in terms of both judicial and non-judicial to enforce transitional justice, the final results are not satisfactory. Transitional justice mechanism to resolve past human rights abuses was implemented only with half-baked and supported with half-hearted. As a result, it has failed to bring justice for the victims. There are lessons can and should be learned from these transitional justice cases for resolving other past human rights abuse cases in Indonesia today. The current Indonesian government should pay attention to the lessons in order to resolve past human rights violations in accordance with its promise during presidential election campaign in 2014. Otherwise, it is likely to repeat the same mistake and failure of justice dealing with past human rights violations.

The Influence Of The Constitutional Court Decision Against Combating Money Laundering In The Context Of Criminal Law Reform -, Somawijaya; Ramdan, Ajie
Constitutional Review Vol 1, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

According to Moeljatno, Criminal Law is a part of a countryâs legal system that prohibits certain acts with the threat of sanction for those who break said laws, determines when and in what cases such punishments should be imposed upon those who commit said acts and determines precisely how punishments should be carried out in the event that a person is accused of such acts. This paper will analyse Constitutional Court Decision No. 77/PUU-XII/2014 and Decision No. 21/PUU-XII/2014 regarding Criminal Law reform. Looking to the theory of procedural criminal law, an indictment of cumulative charges of money laundering requires that the underlying predicate offences be proven. If, for example, the predicate offence is corruption, the corruption must be proven as multiple crimes have been committed by the same suspect, namely corruption leading to money laundering. the Decision of Â the Pretrial Judge of Â the Court Â Â of South Jakarta, Sarpin Rizaldi, and Constitution Court Decision No. 21/PUU- XII/2014 on the review of Article 77 of Act No. 8 Year 1981 concerning the Law of Criminal Procedure broadened the range of pretrial objects and greatly affected the principles of Â formal criminal law.

The First Ten Years Of The Constitutional Court Of Indonesia: The Establishment Of The Principle Of Equality And The Prohibition Of Discrimination Eddyono, Luthfi Widagdo
Constitutional Review Vol 1, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

As a very fundamental principle of the 1945 Constitution, principle of equality and prohibition of discrimination does not only serve as the basic norm, but most importantly it also have functions as the source of morality for the constitution, as well as for the practices of politics, socio-economics and law in Indonesia. This article will pick and analyses significant and landmark decisions that made by the Constitutional Court of Indonesia in its 10 years existence related to principle of equality and prohibition of discrimination to understand how the Court interpreted the constitution and which principle that usually used by the Court in its practices. The result is based on its 10 years of experiences, The Constitutional Court of Indonesia have gave tremendous contribution for the protection of human rights and the advancement of democracy and nomocracy in Indonesia, especially for the establishment of the principle of equality and Â the prohibition of discrimination based on 1945 Constitution and the principle of proportionality.

Universalization of Democratic Constitutionalism and The Work of Constitutional Courts Today Jimly Asshiddiqie
Constitutional Review Vol 1, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

Modern constitutions with its content of values and legal norms and universal ethics contained therein continuously in????uence the paradigm of thought and the system of practice and constitutional democratic political regimes in the world. We may say that nowadays we are in the midst of the current development of new thoughts in the study of constitution and the practice of constitutional judiciary in the world, namely the phenomenon of “universal democratic constitutionalism.” Indonesia and all the states are experiencing the development of the same in????uence, so that way of wor????ing of the Constitutional Court as an institution to safeguard democracy and being the upholder of the constitution shall also catch the moral signs and messages behind that new development with a critical stance, so that each of its decisions can truly produce justice, certainty, and is solvent in nature vis-à-vis the constitutional problems occurring in the public of the respective states.

Is The Constitutional And Legal Recognition Of Traditional Community Laws Within The Multicultural Country Of Indonesia A Genuine Or Pseudo Recognition? I Nyoman Nurjaya
Constitutional Review Vol 1, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

Indonesia is well known amongst Southeast Asian countries for it multi- cultural identity in terms of ethnicity, religion, race and social stratification. Indonesia embodies its motto of Unity in Diversity, which refers to the culturally rich configuration of Indonesia, containing cultural capital and cultural power. However, cultural diversity also yields conflict due to inter-ethnic and inter- religious disputes that have the potential to generate social disintegration and even threaten the fragmentation of Indonesia as a Nation State. In the eyes of legal anthropologists, sources of conflict are often based on discriminatory policies expressed within the State’s law and legislation with regard to the recognition and protection of local communities across the country, namely ‘adat’ communities practising traditional, customary law, known as ‘adat’. Thus, State laws enacted and enforced by the Government tend to dominate and marginalise, even ignore the rights of the local communities, particularly regarding access to and control over natural resources, which is otherwise governed by the adat law of the region. This paper attempts to offer an answer to the fundamental question of whether the 1945 Constitution recognises and protects the traditional communities and their adat laws by employing a legal anthropological approach, with the purpose of obtaining a better understanding of development of State law in a multicultural Nation and looking towards a more just and equitable Indonesian State law.

Seeking Transitiona Justice In Indonesia: Lessons From The Cases of Aceh, Papua And East Timor Munafrizal Manan
Constitutional Review Vol 1, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

This article analyses the Indonesian efforts to resolve past human rights abuses under the mechanism of transitional justice following the downfall of President Soeharto on May 21, 1998. The focus of analysis is the implementation of transitional justice in the cases of Aceh, Papua, and East Timor during the transitional period. This article shows that the efforts to enforce transitional justice in these cases have been faced with obstacles. Although there have been notable efforts in terms of both judicial and non-judicial to enforce transitional justice, the final results are not satisfactory. Transitional justice mechanism to resolve past human rights abuses was implemented only with half-baked and supported with half-hearted. As a result, it has failed to bring justice for the victims. There are lessons can and should be learned from these transitional justice cases for resolving other past human rights abuse cases in Indonesia today. The current Indonesian government should pay attention to the lessons in order to resolve past human rights violations in accordance with its promise during presidential election campaign in 2014. Otherwise, it is likely to repeat the same mistake and failure of justice dealing with past human rights violations.

Approaches Of The Constitutional Court Of The Russian Federation Towards Freedom Of Expression And Freedom Of Assembly Eugenie Taribo; Dmitrii Kuznetcov
Constitutional Review Vol 1, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

The paper consists of seven sections describing the Constitutional Court’s practice in respect of freedom of expression and freedom of assembly issues. The matters covered by the paper includes challenges of the constitutionality of laws forbidding civil servants to give public statements, regulation of religious organisations public events, regulation of restricted urban areas where freedom of assembly is limited, the content-based restrictions in respect of LGBT-speech.

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Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Pan Mohamad Faiz

Contact Email
Pan Mohamad Faiz

Phone
-

Journal Mail Official
consrev@mahkamahkonstitusi.go.id

Editorial Address
-

Location
Kota adm. jakarta pusat,

Dki jakarta

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Pan Mohamad Faiz

Contact Email Pan Mohamad Faiz

Phone -

Journal Mail Official consrev@mahkamahkonstitusi.go.id

Editorial Address -

Location Kota adm. jakarta pusat, Dki jakarta INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Pan Mohamad Faiz

Contact Email
Pan Mohamad Faiz

Phone
-

Journal Mail Official
consrev@mahkamahkonstitusi.go.id

Editorial Address
-

Location
Kota adm. jakarta pusat,

Dki jakarta

INDONESIA