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Constitutional Review
Published by Mahkamah Konstitusi Republik Indonesia
ISSN : 24600016     EISSN : 25483870     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Constitutional Review is a law journal published by the Constitutional Court of the Republic of Indonesia twice a year. The primary purpose of this journal is to disseminate research, conceptual analysis and other writings of scientific nature on constitutional issues. Articles published cover various topics on constitutions, constitutional courts, constitutional court decisions and issues on constitutional law either in Indonesia or other countries all over the world. This journal is designed to be an international law journal and intended as a forum for legal scholarship which discusses ideas and insights from law professors, legal scholars, judges and practitioners.
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Articles 12 Documents
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Search results for , issue "Vol 2, No 2 (2016)" : 12 Documents clear
The Constitutionalization of Budget for Education and Its Judicial Enforcement in Indonesia Andy Omara
Constitutional Review Vol 2, No 2 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (295.569 KB) | DOI: 10.31078/consrev222

Abstract

The introduction of provision concerning budget allocation for education in the amended constitution is not a common method in constitutional drafting in Indonesia. This article aims to understanding the background of the inclusion of this provision and its judicial enforcement. It argues that the establishment of this provision closely related to the fact that education was not properly funded. As a result, the quality of education was negatively affected. The constitutionalisation of budget for education opens the possibility to allocate the national budget in this field in a more sustainable way. In addition, by constitutionalizing budget for education, there is a legal avenue available to challenge the government policy if the government fails to fulfill its constitutional obligation. The newly established Constitutional Court has the power to review whether the allocation of national budget for education is consistent with the Constitution. In some judicial review cases on budget for education, the Court took legal approach and also extralegal factors in its rulings.
The Unamendable Articles of the 1945 Constitution Luthfi Widagdo Eddyono
Constitutional Review Vol 2, No 2 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (267.319 KB) | DOI: 10.31078/consrev225

Abstract

The amendments of the 1945 Indonesian Constitution between 1999 and 2002 have significantly changed the state system in Indonesia. In such a short period, the Constitution has been amended four times, provokes enormous additional norms and causes the establishment of several new institutions, including the Constitutional Court and Judicial Commission. However, after the amendments to the 1945 Indonesian Constitution on Chapter XVI about Amendments to the Constitution, the framers of the amended Constitution created Article 37 paragraph (5) that stated, the form of the unitary state of the Republic of Indonesia may not be amended. The Preamble is also implicit unamendable. My purpose in this article is to understand the original intent of Article 37 paragraph (5) of the 1945 Indonesian Constitution, the real function of the article and also to describes original intent arguments explaining why the Preamble of the Constitution also unamendable. Before the amendments between 1999 and 2002, there is no article and provision like that, especially in the original 1945 Constitution. At last, I found that two important points that explain why this new provision created. First, the framers still afraid of separatism based on experience in 1950’s when federalism occurred in Indonesia. Second, the procedure to amend the articles of the 1945 Constitution shows that the framers only wants to strengthen the important system of unitary state because there is no differences process to amend articles of the 1945 Constitution.

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