Garuda - Garba Rujukan Digital

All

Jurnal Konstitusi

jk
Website

Published by Pusat Penelitian dan Pengkajian Perkara dan Pengelolaan Perpustakaan Mahkamah Konstitusi Republik Indonesia

ISSN : 18297706 EISSN : 25481657 DOI : https://doi.org/10.31078/jk1841

Core Subject : Humanities, Social,

Humanities Law, Crime, Criminology & Criminal Justice

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law and another section related contemporary issues in law.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 584 Documents

9 10 11 12 13

Hak Kemerdekaan Menulis Buku dan Pencerahan Edukasi Masyarakat Abdul wahid; Siti Marwiyah
Jurnal Konstitusi Vol 8, No 4 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

The verdict of the judge of the Constitutional Court is a kind of special verdict. One of the verdicts pronounced by the constitutional court judge is to approve petition. In the case of petitioner’s clain through laws number 4/PNPS/1963, the constitutional court approves the petitioner’s petition. By the constitutional court judges, this juridical product is assessed against the constitution. This verdict can be categorized into an encouragement or support educatively, which must be welcome positively by the country pillars. Subjects being motivated to be mujtahid as a constitutional court judge are educational communities such as teachers, college students, lecturers, researchers, humanists, and knowledge admirers to become the creators in the aspect of book. In this kind of condition, it is expected that education enlightenment can be gained through the society.

Eksistensi Undang-Undang Sebagai Produk Hukum dalam Pemenuhan Keadilan Bagi Rakyat (Analisis Putusan Mahkamah Konstitusi Nomor 50/PUU-X/2012) Winda Wijayanti
Jurnal Konstitusi Vol 10, No 1 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

Legislation in its formation is influenced by the direction of policy. Prolegnas often defeated by political interests, that determination depends on the political direction of the lawmakers that the legislation referred to as a political product. Prolegnas is part of the political establishment and management of legislation that are instrument-building program planning Act arranged in a planned, integrated, and systematic is needed to organize the national legal system. The Law 12/2011 indicates that the substantive content of the law must satisfy the principle of justice and the rule of law. In addition, the preparation of legislation must meet the elements of the rule of law, benefits, and equity in equal proportion. Thus, the Law 2/2012 that was in the National Legislation Program is a legal product that can provide justice for the people.

Konstruksi Model Pengujian Ex Ante terhadap Rancangan Undang-Undang di Indonesia Victor Imanuel W. Nalle
Jurnal Konstitusi Vol 10, No 3 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

The quality of legislation in Indonesia is often questioned when the Constitutional Court cancels several chapters of a law or even the entire law. The poor quality of legislation is influenced by powerful political factor in the legislation process. These factors have an impact on unsynchronization of laws with the constitution or disharmony with other legislation. Ex ante review in this context becomes an alternative way to prevent bad legislation because every bill should be reviewed first. In Indonesian context, the ideal model of ex ante review is not only concerning with the constitutionality, but also harmony with other laws as well as other parameters necessary to produce good legislation.

Judicial Consistency dalam Putusan Mahkamah Konstitusi tentang Pengujian Undang-Undang Penodaan Agama Zaka Firma Aditya
Jurnal Konstitusi Vol 17, No 1 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

This paper will discuss the consistency of the constitutional court decision in the judicial review cases based on the principle of precedent. MK several times deemed inconsistent because often issued a ruling that is overruling. However, there were actually a lot of MK decisions that consistently followed the precedent. Although the use of the precedent principle is only known in common law tradition, the Constitutional Court apparently also applies it. The Constitutional Court’s decision regarding the Blasphemy Prevention Act was one form of the principle of precedent in the Constitutional Court. This decision consistently states that the Blasphemy Prevention Act remains constitutional because a legal vacuum will occur if the Blasphemy Prevention Law was decided to be unconstitutional. In this case, the Court retained its ratio decidendi to the constitutionality of the Blasphemy Prevention Law, even though the Court was aware that the Law contained many weaknesses. The consistency of the Constitutional Court on the judicial review of the Blasphemy Prevention Act is one form of the practice of precedent doctrine.

Pemindahan Ibu Kota Indonesia dan Kekuasaan Presiden dalam Perspektif Konstitusi Fikri Hadi; Rosa Ristawati
Jurnal Konstitusi Vol 17, No 3 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

In 16 August 2019, the President of Republic of Indonesia gave speech on an idea of the translocation of the Indonesian capital city. The new capital city has also already decided by the President. The decision is made before the legal analysis including the legal basis of the decision to have new capital city. This paper will discuss the concept of the capital city from general- legal perspective to comparative perspective. This paper also discuss on how the concept of capital city is developed in Indonesia from the historical constitutional perspective. It will also analyze the presidential authority on the idea of proposing and deciding the translocation of the capital city. The argument in this paper is written as a legal argument by having perspective on the doctrinal-legal approach. It will use conceptual approach, legal and statutes approach and constitutional history approach. This paper ends up with the conclusion that the concept of the Indonesian capital city is different from the concept of the capital city in other countries, such as the Netherlands and Malaysia. In both countries, the concept of capital city is separated from the concept of government city, which is as the city center for governmental affairs. Besides, it is concluded that based on the Indonesian Constitution, the President of Republic of Indonesia has no absolute authority on the issue of translocation of the capital city. The President of Republic of Indonesia may have the power to propose the translocation of the capital city but there shall be further process of joint discussion and joint approval by the President and the DPR.

The Constitutionality of the Electronic Information and Transaction Law: Towards Overcoming SARA Conflict on Social Media Ismail Hasani; Halili Halili
Jurnal Konstitusi Vol. 18 No. 4 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

The subsistence of the Electronic Transaction and Information Law control and manage the illicit offenses related to the multiplication of concerns that hold Ethnicity, Religion, Race, and Intergroup (SARA) . Following the idea of law developed by practicality as a way of social regeneration. It is a legal normative investigation utilizing theoretical concurrence and laws. This research is a logical description by using qualitative information examination. The study revealed that content that contains SARA issues is referred to as a hatred statement, which can be construed as an act of communication, carried out by groups or individuals in the form of aggravation and endangered to throw the scandalous actor to prison for utmost six years and a fine of 1.000.000.000 rupiahs. Additionally, the accomplishment of the permissible authority of the Electronic Transaction and Information Law can be classified as non-implementation of the law authenticity establishment as shown from the culture that was not able to go after the rules made by law. It means that this law did not yet have a legal effect. This investigation advocates that society needs to behave by following the officially permitted rules, explained in the Electronic Transaction and Information Law.

Mendesain Kewenangan Kekuasaan Kehakiman Setelah Perubahan UUD 1945 Achmad Edi Subiyanto
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

After the Amendment of the 1945 Constitution of The Republic of Indonesia, The Judicial Power has become the most fundamentally power and also as a part of the axis of power which its function is to enforce justice. According to the Amendment of the 1945 Constitution of The Republic of Indonesia, the judicial power in the structure of state power, is still placed at the power that is free from intervention or influence from other power in exercising its authority. In the structure of state power, after the Amendment of the 1945 Constitution of The Republic of Indonesia, the judicial power shall be implemented by a Supreme Court and judicial bodies underneath it in the form of public courts, religious affairs courts, military tribunals, and state administrative courts, and by a Constitutional Court. The Amendment of the 1945 Constitution of The Republic of Indonesia, also spawned a new institution, beside Constitutional Court which its function is relating to judicial power, namely an independent Judicial Commission which shall possess the authority to propose candidates for appointment as justices of the Supreme Court and shall possess further authority to maintain and ensure the honour, dignity and behaviour of judges.

Ambiguitas Hak Kebebasan Beragama di Indonesia dan Posisinya Pasca Putusan Mahkamah Konstitusi M. Syafi’ie
Jurnal Konstitusi Vol 8, No 5 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Freedom of religion is one of the rights guaranteed in the 1945 and several regulations regarding human rights in Indonesia. In Article 28I paragraph 1 stated that the religious right is expressed as a right that can not be deducted under any circumstances, as well as the right to life, the right not to be tortured, the right to freedom of thought and conscience, freedom from enslavement, recognition as a person before law, and and the right not to be prosecuted on the basis of a retroactive law. As one of the rights that can not be reduced, then the religious right should apply universally and non-discrimination. Splitting ensures the right to religious freedom in the midst of violence in the name of religion encourage some NGOs and leaders of democracy to conduct a judicial review of UU No. 1/PNPS/1965 on the Prevention of Abuse and or blasphemy. Act shall be deemed contrary to the guarantee of freedom of religion that can not be reduced under any circumstances. In that context, the Constitutional Court rejected judicial review entirely, although there are dissenting opinion from one of the judges of the constitution. After the Constitutional Court decision, the identity of religious rights in Indonesia becomes brighter, which can be reduced and restricted. Decision of the Constitutional Court not be good news for the applicants, because the UU No. 1/PNPS/1965 are one tool for certain groups to justify violence in the name of contemporary religion.

Tafsir MK Atas Pasal 33 UUD 1945: Studi Atas Putusan MK Mengenai Judicial Review Terhadap UU No. 7/2004, UU No. 22/2001, dan UU No. 20/2002 Kuntana Magnar; Inna Junaenah; Giri Ahmad Taufik
Jurnal Konstitusi Vol 7, No 1 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

The rulings of the constitutional court to review the Act No. 7 of 2004 on Management of Water Resources, Act No. 22 of 2001 on Crude Oil and Natural Gas, Act No. 20 of 2002 on Electricity caused controversy. These decisions gives a different interpretation of Article 33 of the Constitution of 1945, which likely have implications for Indonesia’s economic development policy. Branches of production which is important for the livelihoods of people and natural resources, is placed in the area of public law rather than private. The consequences are arranged by state control rights as a collective representation of Indonesian society. Thus, the form that allows management of a joint is through cooperatives and the state delegation of the management of public goods to the non-state (cooperative), can only be done with the instrument of one-sided legal action.

Menggagas Penerapan Judicial Restraint Di Mahkamah Konstitusi Wicaksana Dramanda
Jurnal Konstitusi Vol 11, No 4 (2014)
Publisher : The Constitutional Court of the Republic of Indonesia

Many controversial decision made by Constitutional Court resulted in the emergence of the idea to limit the judicial power. One of the ideas that surfaced to limit the judicial power without disturbing the idea of judicial independence is judicial restraint. The idea of judicial restraint puts limitation on certain forms. The forms of limitation under judicial restraint could be limitation based on constitutional norms, limitation based on policies for restraint (self-restraint), and the limitation imposed by certain doctrines. Judicial restraint requires the judicial power to refrain from tendencies to act like a mini parliament that can lead to the juristocracy. Judicial restraint also requires judicial power not interfere the other branches of power.

Page 11 of 59 | Total Record : 584

9 10 11 12 13

Filter by Year

2015 2024

Filter By Issues

All Issue Vol. 21 No. 4 (2024) Vol. 21 No. 3 (2024) Vol. 21 No. 2 (2024) Vol. 21 No. 1 (2024) Vol. 20 No. 4 (2023) Vol. 20 No. 3 (2023) Vol. 20 No. 2 (2023) Vol. 20 No. 1 (2023) Vol. 19 No. 4 (2022) Vol. 19 No. 3 (2022) Vol. 19 No. 2 (2022) Vol. 19 No. 1 (2022) Vol. 18 No. 4 (2021) Vol. 18 No. 3 (2021) Vol. 18 No. 2 (2021) Vol. 18 No. 1 (2021) Vol 17, No 4 (2020) Vol. 17 No. 4 (2020) Vol 17, No 3 (2020) Vol 17, No 2 (2020) Vol. 17 No. 2 (2020) Vol 17, No 1 (2020) Vol 16, No 4 (2019) Vol. 16 No. 4 (2019) Vol. 16 No. 3 (2019) Vol 16, No 3 (2019) Vol 16, No 2 (2019) Vol 16, No 1 (2019) Vol 15, No 4 (2018) Vol. 15 No. 4 (2018) Vol 15, No 3 (2018) Vol 15, No 2 (2018) Vol 15, No 1 (2018) Vol 14, No 4 (2017) Vol 14, No 3 (2017) Vol 14, No 2 (2017) Vol. 14 No. 1 (2017) Vol 14, No 1 (2017) Vol 13, No 4 (2016) Vol 13, No 3 (2016) Vol. 13 No. 2 (2016) Vol 13, No 2 (2016) Vol 13, No 1 (2016) Vol 11, No 4 (2014) Vol 11, No 3 (2014) Vol 11, No 2 (2014) Vol 11, No 1 (2014) Vol 10, No 4 (2013) Vol 10, No 3 (2013) Vol 10, No 2 (2013) Vol 10, No 1 (2013) Vol 9, No 4 (2012) Vol 9, No 3 (2012) Vol 9, No 2 (2012) Vol 9, No 1 (2012) Vol 8, No 6 (2011) Vol 8, No 5 (2011) Vol 8, No 4 (2011) Vol 8, No 3 (2011) Vol 8, No 2 (2011) Vol 8, No 1 (2011) Vol 7, No 6 (2010) Vol 7, No 5 (2010) Vol 7, No 4 (2010) Vol 7, No 3 (2010) Vol 7, No 2 (2010) Vol 7, No 1 (2010) Vol 12, No 4 (2015) Vol 12, No 3 (2015) Vol 12, No 2 (2015) Vol 12, No 1 (2015) More Issue

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Abdul Basid Fuadi

Contact Email
jurnalkonstitusi@mkri.id

Phone
+6281215312967

Journal Mail Official
jurnalkonstitusi@mkri.id

Editorial Address
Pusat Penelitian dan Pengkajian Perkara dan Pengelolaan Perpustakaan Mahkamah Konstitusi Republik Indonesia Jl. Medan Merdeka Barat No. 6, Jakarta 10110 Telp: (021) 23529000 Fax: (021) 3520177 E-mail: jurnalkonstitusi@mkri.id

Location
Kota adm. jakarta pusat,

Dki jakarta

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Abdul Basid Fuadi

Contact Email jurnalkonstitusi@mkri.id

Phone +6281215312967

Journal Mail Official jurnalkonstitusi@mkri.id

Editorial Address Pusat Penelitian dan Pengkajian Perkara dan Pengelolaan Perpustakaan Mahkamah Konstitusi Republik Indonesia Jl. Medan Merdeka Barat No. 6, Jakarta 10110 Telp: (021) 23529000 Fax: (021) 3520177 E-mail: jurnalkonstitusi@mkri.id

Location Kota adm. jakarta pusat, Dki jakarta INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Abdul Basid Fuadi

Contact Email
jurnalkonstitusi@mkri.id

Phone
+6281215312967

Journal Mail Official
jurnalkonstitusi@mkri.id

Editorial Address
Pusat Penelitian dan Pengkajian Perkara dan Pengelolaan Perpustakaan Mahkamah Konstitusi Republik Indonesia Jl. Medan Merdeka Barat No. 6, Jakarta 10110 Telp: (021) 23529000 Fax: (021) 3520177 E-mail: jurnalkonstitusi@mkri.id

Location
Kota adm. jakarta pusat,

Dki jakarta

INDONESIA