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INDONESIA
STAATSRECHT: Indonesian Constitutional Law Journal
Published by POSKOLEGNAS UIN JAKARTA
ISSN : 25490915     EISSN : 25490923     DOI : 10.15408
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
STAATSRECHT: Indonesian Constitutional Law Journal (ISSN: 2549-0915) is a national journal published by Center for the Study of Constitution and National Legislation (POSKO-LEGNAS) UIN Jakarta, INDONESIA. The focus is to provide readers with a better understanding of Constitutional Law and present developments through the publication of articles, research reports, and book reviews. STAATSRECH specializes in Constitutional Law and is intended to communicate original researches and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system. Published exclusively in English, the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning constitutional law. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as privacy laws and public laws which include constitutional to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning constitutional law. Published exclusively in English, the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as privacy laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 71 Documents
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Kedudukan Hak Konstitusional Warga Negara Terkait Gagasan Calon Perseorangan/Independen Di Dalam Pemilihan Umum Presiden dan Wakil Presiden Siti Fariza
STAATSRECHT: Indonesian Constitutional Law Journal Vol 3, No 1 (2019)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v3i1.12944

Abstract

 AbstractGeneral elections are held with the aim of electing people's representatives, as well as to form a government that is democratic, strong, and obtains popular support. Besides aiming to realize national goals as the 1945 Constitution. In general elections there are candidates who are not proposed by political parties or a combination of political parties called individual candidates or independent candidates. This research uses normative juridical and library research by evaluating the laws and regulations, books, journals, and related internet sources. The results of the study showed that there were still no legitimate or independent candidates being approved, thus indicating the blockage of citizens' constitutional rights to be elected in a general election.Keywords: General Election, Presidential and Vice-Presidential Candidates, Individual or Independent Candidates
Penggunaan Model Nota Kesepahaman Sebagai Bentuk Perlindungan Hak Konstitusional Buruh Migran RR Dewi Anggraeni; Sabrina Kusumah Wardhani
STAATSRECHT: Indonesian Constitutional Law Journal Vol 2, No 1 (2018)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v2i1.11528

Abstract

AbstractThe purpose of this article is to discuss legal protection for migrant workers. However, there is a difference between the legal and cultural systems of the sending country and the recipient country, thus causing many problems. To anticipate such problems, both sending and receiving countries are required to take legal protection measures, so that they can avoid being the object of arbitrariness/lawlessness. Therefore, to avoid things that are not desirable, one of the efforts that need to be done is to make bilateral agreements in the form of legal documents in a model that is not too formal, but quite effective with the recipient country. In addition, the commitment of the Indonesian government is shown by its active participation in the discussion of various international legal instruments related to the rights of migrant workers.Keywords: Migrant Workers, Memorandum of Understanding, Constitutional Rights AbstrakTujuan artikel ini adalah untuk membahas perlindungan hukum bagi pekerja migran. Namun, ada perbedaan antara sistem hukum dan budaya negara pengirim dan negara penerima, sehingga menimbulkan banyak permasalahan. Untuk mengantisipasi masalah seperti itu, baik negara pengirim dan negara penerima diwajibkan untuk melakukan tindakan perlindungan hukum, sehingga mereka dapat menghindari menjadi objek kesewenang-wenangan/pelanggaran hukum. Oleh karena itu, untuk menghindari hal-hal yang tidak diinginkan, maka salah satu upaya yang perlu dilakukan adalah membuat perjanjian bilateral dalam bentuk dokumen hukum dalam model Nota Kesepahaman (MoU) yang tidak terlalu formal, tetapi cukup efektif dengan negara penerima. Selain itu, komitmen pemerintah Indonesia ditunjukkan dengan partisipasi aktifnya dalam diskusi berbagai instrumen hukum internasional terkait dengan hak-hak pekerja migran.Kata Kunci: Buruh Migran, Nota Kesepahaman, Hak Konstitusional
Konsepsi Negara Sejahtera Menurutal-Farabi Diding Sariding; Siti Ngainnur Rohmah
STAATSRECHT: Indonesian Constitutional Law Journal Vol 4, No 1 (2020)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v4i1.16127

Abstract

The welfare state is an ideal country whose development is focused on improving welfare. This is can doing through giving a more important role to the state in providing universal and comprehensive social services to its citizens. The choice of such a country is also the same as what is thought by a Muslim philosopher named Al-Farabi. Al-Farabi's thought in politics such as the main state resembles the ideal state concept of Plato. The leader is the first mover of society to get happiness, as is the position of the heart in the body, while the other body members are helpers to produce the happiness that they aspire to. This paper presents the thoughts of an Islamic philosopher named Al-Farabi about the Prosperous State of Prosperity. This paper analyzes analytically and explores critically Al-Farabi's view of a State and the conception of a Prosperous State in Islam. The study uses qualitative research methods with a literary approach. The data obtained comes from several books and other sources about the conception of a Prosperous State. 
Relevansi Pemilihan Umum Serentak Presiden Dengan Legislatif Terhadap Penguatan Sistem Presidensial di Indonesia Ahmad Bustomi Kamil
STAATSRECHT: Indonesian Constitutional Law Journal Vol 1, No 2 (2017)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v1i2.4577

Abstract

Abstrak. Relevansi Pemilihan Umum Serentak Presiden dengan Legislatif Terhadap Penguatan Sistem Presidensial di Indonesia. Penelitian ini dilatarbelakangi adanya pengujian Undang-Undang Nomor 42 Tahun 2008 Tentang Pemilihan Umum Presiden dan Wakil Presiden oleh Mahkamah Konstitusi Republik Indonesia. Dengan dibatalkannya Pasal 3 ayat (5) Undang-Undang Nomor 42 Tahun 2008, berdampak pada diselenggarakannya Pemilihan Umum secara serentak antara Presiden dengan Legislatif untuk tahun 2019 dan seterusnya. Pemilihan Umum serentak tersebut diproyeksikan membawa implikasi pada penguatan sistem presidensial di Indonesia. Namun apakah Pemilihan Umum serentak mempunyai relevansi terhadap penguatan sistem presidensial, serta variabel apa saja yang mempengaruhi dalam rangka penguatan sistem presidensial.   Kata kunci: Pemilihan Umum, Prwsidensial, Legislatif
Putusan Mahkamah Konstitusi Nomor 13/PUU-XV/2017 Tentang Uji Materil Pasal 153 Ayat (1) Huruf F Undang-Undang Nomor 13 Tahun 2003 Ditinjau Dari Aspek Keadilan Faqih Afif Ridlo; Abdul Qodir
STAATSRECHT: Indonesian Constitutional Law Journal Vol 3, No 2 (2019)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v3i2.13865

Abstract

AbstractThis study aims to find out the legal basis for the Constitutional Court's consideration in granting material judgments in Article 153 Paragraph (1) letter f of Law Number 13 Year 2003 concerning Labor that is considered to be contradictory to the 1945 Constitution Article 28B Paragraph (1) and Article 28D Paragraph (2) . In addition to knowing aspects of justice and benefits to the legal considerations of the Constitutional Court which grants the material test Article 153 Paragraph (1) letter f of Law Number 13 Year 2003 concerning Labor. This research method uses a normative juridical legal research approach, while the type of research used is qualitative analytical descriptive, and data collection techniques are library research. From this research it is known that the granting of the marriage of workers in one company is to safeguard the basic rights of workers, namely the right to work and also the right of family and continuing offspring, as stated in Article 28B Paragraph (1) and Article 28D Paragraph (2) of the 1945 Constitution. This is a form of fulfillment of the state of basic rights that must be possessed by all Indonesian people as a whole without exception as a form of justice.Keywords: Decision, Constitutional Court, Justice Aspects
The Bogor Regency Regional People's Representative Council's Legislative Function in the Preparation of Regional Regulations M Syaiful Azhar; Mufidah Mufidah
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 1 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i1.20752

Abstract

The legislative function of the DPRD has not run smoothly, in some areas it is still experiencing various difficulties. Many Local Regulation Draft Initiatives (Raperda) come from the Regional Government as an executive agency. Meanwhile, the institution that enforces the aspirations of the community, the DPRD provides a lot of participation in the determination of the Perda. The purpose of the research is to study the implementation of the legislative function of the DPRD in Bogor City in 2013-2018. This research uses a qualitative method with literature approach. Data sources used in this study consisted of primary, secondary and tertiary legal materials, policy considerations of the political elite in this case the Bogor City Council, books, journal of legal. The results of the research are the legislative function carried out by the Bogor City DPRD in accordance with Law Number 23 of 2014 concerning Regional Government, which wrongly performs the legislative function that can capture the aspirations of the people in Bogor City, by receiving reports or complaints from the people of Bogor City the problem of dissatisfaction of a service. Although in its implementation is still not optimal because there are still obstacles in legislation.
Democratic Practices in Indonesia's Multi-Party Election System During the Old Order Period Suwito Suwito; Siti Ngainnur Rohmah
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 1 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i1.20753

Abstract

People in the Old Order era were not fully familiar with the Democratic System. This is because during the old order the people were directly confronted with their participation in democracy through legislative elections. This study uses a qualitative research method with a normative juridical approach. The results of the study stated that for the first time in the Old Order period elections were held in 1955 to elect members of the legislature, while more than 25 political parties participated in the general election. In addition, the condition of the state during the old order was not yet stable politically, socially, and economically, due to pressure from outside and the new state gained independence.Keywords: Old Order; Democracy; Multiparty.
The Impact of the Decision of the Constitutional Court Number 30 / PUU-XVI / 2018 on the Institution of the Regional Representative Council Muhammad Al-Fatih; Mujar Ibnu Syarif; Abdul Qodir
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 1 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i1.20768

Abstract

This study aims to determine the background of the filing of the Constitutional Court case lawsuit Number 30 / PUU-XVI / 2018 and understand the influence of the Constitutional Court decision Number 30 / PUU-XVI / 2018 on the Institutional Council of Regional Representatives. The research method used in this research is juridical normative with a statutory approach, a historical approach, and a conceptual approach obtained from data collection techniques through literature study through the statutory regulatory approach that refers to the 1945 Constitution, the Law, and the Constitutional Court Decisions. related to the theme of the discussion. The results of the study show that the background for filing a lawsuit against the Constitutional Court Decision Number 30 / PUU-XVI / 2018 is that there is no clear meaning to the phrase “other work” in Article 182 letter I of the Election Law that has provided space for political party functionaries as candidate members DPD. In addition to the impact of the decision of the Constitutional Court Number 30 / PUU-XVI / 2018 is the issuance of the Final List of Candidates (DCT) for DPD candidates issued by the General Elections Commission (KPU) as a follow-up to implementing the Constitutional Court Decision in which the KPU has crossed out the candidates. DPD members who still serve as functionaries of political parties.
The Constitutionality of State Authority Over Water Resources Management Based on Human Rights Principles Ricko Anas Extrada; Kamarusdiana Kamarusdiana
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 1 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i1.20769

Abstract

This study intends to investigate the contrast between the private sector's implementation of water privatization in Indonesia and the state's responsibility for managing water resources in light of human rights standards. In accordance with the mandate of the constitution, which states in Article 33, paragraph 3, that "Earth and water, as well as the natural resources contained therein, are under the control of the state and used for the greatest prosperity of the people," the state controls and uses all natural resources for the benefit of the people. This research employs normative legal research methods, while its methodology is a statutory approach, library research methods, and a conceptual approach that will be harmonized with statutory provisions. According to the findings of this study, the state is responsible for managing water resources in compliance with the constitutional requirement to ensure, defend, and fulfill human rights to water. Water administration by the private sector (water privatization) that is monopolistic, exclusive, and materialistic is contrary to the spirit of the Indonesian constitution and the foundation of the nation. In addition, based on the decision of the Constitutional Court to invalidate the Water Resources Law, it mandates that the state manage water resources for the sake of societal welfare.
Labeling Theory On the Legal Expression of Police Clearance Certificate Ahmad Yulianto; Athari Farhani
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 1 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i1.20754

Abstract

Through state-owned equipment, the police are empowered to issue a Police Clearance Certificate (SKCK). However, SKCK cannot label someone if someone is evil or not. Whereas written legal norms are characterized by legal certainty, in other words, law without certainty values will lose its meaning because it can no longer be used as a code of conduct for everyone. By reviewing references or literature related to criminal acts, prevention of crime, legal certainty and authority. SKCK is a preventive action carried out by the police institution as the State institution that has the authority over security and order. The responsibility for crime prevention is carried out by the National Police and the public by carrying out pre-emptive and preventive tasks, namely making community members obey and obey the law. Polri is responsible for approximately 20% of activities while 80% of other activities are the responsibility of the community which consists of various elements. The most important thing is that the label of criminal not criminal is the authority of the court. So that SKCK is not based on crime prevention but is based on the concept of labeling.

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