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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 3, No 1 (2017)" : 12 Documents clear
The Legal Logic of the Collapse on Non-Retroactive Doctrine in the Constitutional Court Decision Iskandar Muda
Constitutional Review Vol 3, No 1 (2017)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (268.43 KB) | DOI: 10.31078/consrev315

Abstract

The non-retroactive doctrine as a legal principle did not apply retroactively. In legal system of Indonesian; Article 28I paragraph (1) of 1945 Constitution determines that a human right can not be prosecuted based on retroactive law as well as rights that can not be reduced under any circumstances. Similarly Article 58 of Law No. 24 Year 2003 concerning Constitutional Court determines that a Law is being reviewed by the Constitutional Court is still applied, before there is decision stated that the law is contrary to the 1945 Constitution. However, with the use of “legal logic of implication relationships” in Constitutional Court Decision No. 110-111-112-113/PUU-VII/2009, the decision was made retroactive and it become the jurisprudence for the Constitutional Court Decision No. 5/PUU-IX/2011 and Decision No. 13/PUU-XI/2013.
Independence of the Indonesian Constitutional Court in Norms and Practices Luthfi Widagdo Eddyono
Constitutional Review Vol 3, No 1 (2017)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (377.826 KB) | DOI: 10.31078/consrev314

Abstract

Article 24 (1) of the 1945 Constitution States after the third amendment, “the judicial power shall be independent in administering justice so as to uphold the law and equality.” The Indonesian Constitutional Court is one of the performers of the independent judicial power who plays a significant role in the enforcement of the constitution and the principle of the state based on the law by its authority and obligations as determined by the 1945 Constitution. This paper intends to study the Indonesian Constitutional Court to find out whether the Constitutional Court in exercising its constitutional authority can be independent. Also, this article will examine not just institutional independence but also judges independence to understand current issues related to the role of ethics and conduct of judges. The independence of the Indonesian Constitutional Court supported by the 1945 Constitution after the amendments from 1999 until 2002, and further stipulated in Law. However, it can be said that this institution has ups and downs of public trust due to corruption cases conducted by constitutional justices. Also, in several political instances showed efforts of political institutions to limit the authority of the Constitutional Court. In its experiences, the Constitutional Court succeeded in convincing the parties through its decisions and strengthening institutional independence against the influence that tried to destabilize its institutions. The Council of Ethics of Constitutional Judges that maintains the values and behavior of judges also continuously works and efficient enough in overseeing the ethics and conduct of judges. The decision of the Ethics Council may also be accepted as a proportional decision.

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