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Jurnal Konstitusi

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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

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Suara Terbanyak dan Kualitas Anggota DPRD Provinsi DIY (Implementasi Putusan MK No. 22-24/ PUU-VI/2008 dalam Pemilu 2009) Pusat Kajian Konstitusi dan Pemerintahan FH-Universitas Muhammadiyah Yogyakarta
Jurnal Konstitusi Vol 8, No 1 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

The implementation of the Constitutional Court Decision No. 22-24/ PUU-VI/2008 about counting majority votes in 2009 legislative elections in the province of DIY has a significant effect. considering the system used in the vote count to determine the members of both national and local legislatures are new and very different from previous elections. However, these effects are not caused major problems, because before the election day, the decision has been disseminated by each political party internally and implemented by Electoral Commission. Although the Constitutional Court decision issued after a waiting list of legislative candidates have been announced by the KPU.

The Right of Self-Determination: Its Emergence, Development, and Controversy Manan, Munafrizal
Jurnal Konstitusi Vol 12, No 1 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

This paper discusses the right of self-determinationfrom Â international Â law Â and international human rights law perspective. It traces the emergence and development of self-determination from political principle to human right. It also explores the controversy of the right of self-determination. There have been different and even contradictory interpretations of the right of self-determination. Besides, there is no consensus on the mechanism to apply the right of self-determination. Both international law and international human rights law are vague about this.

Pemberhentian Antar Waktu Anggota KPu (Analisis Putusan Mahkamah Konstitusi No. 80/Puu-Ix/2011) R. Nazriyah
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

The formulation of article 27 paragraph (1) letter b of Law Governing the election and article 27 paragraph (3) was considered discriminatory because it prohibits members of the general election commission to resign before the end of his term. If resigned for reasons that cannot be accepted and being dishonorably are required to reimburse the honor as much as 2 (two) times the accepted. That provision was filed judicial review to the Constitutional Court. The Constitutional Court states the phrase.... with an acceptable reason’ in article 27 paragraph (1) letter b and article 27 paragraph (3) of Law No. 15 of 2011 is contrary to the Constitution and has no binding legal force. The Constitutional Court also assess interpretation ‘acceptable reason’ it has narrowed the freedom of a person to get a job and a better income in order to be better able to meet the right to life, sustaining live and life.

Keterwakilan Perempuan Di Dewan Perwakilan Rakyat Pasca Putusan Mahkamah Konstitusi Nomor 22-24/PUU-VI/2008 Nalom Kurniawan
Jurnal Konstitusi Vol 11, No 4 (2014)
Publisher : The Constitutional Court of the Republic of Indonesia

Affirmative action by giving 30% quota for women, is a constitutional rights that must be seen in proportional viewed without override the right of people sovereignty. As a major stakeholder in the democratic state, is the right of people to elect their representatives to sit in parliament. Waiver of the right of people to elect their representatives is a violation in the democracy system and a violation of people sovereignty.

Akuntabilitas Kekuasaan Kehakiman Rahayu Prasetianingsih
Jurnal Konstitusi Vol 8, No 5 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Accountability in Indonesia has been known the extent of the public administration within the executive power, while for representative bodies and judicial power is only in the system administration. Public demands for accountability from all over the government institution are no exception of judicial power. It’s triggered by “mafia peradilan” issue and other distrust so it needs judicial accountability. Problems arise when faced with the principles of accountability and independence and impartiality of the judiciary. But in fact these two principles is not the core problem of accountability judiciary, there’s many factors influence.

Kesadaran Berkonstitusi bagi Penegak Hukum terhadap Putusan Mahkamah Konstitusi sebagai Upaya Menjaga Kewibawaan Peradilan Ahmad Yani
Jurnal Konstitusi Vol. 18 No. 4 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

The decision of the Constitutional Court is a type of decision that is declaratoir constitutive. When the decision of the Constitutional Court states that the law is not binding, because it is contrary to the Constitution, then by itself the decision also creates a new legal situation. The formulation of the problem that will be answered in this research is how the concept of building constitutional awareness for law enforcement institutions to obey the decisions of the Constitutional Court. This research is a type of juridical-normative research, to conduct a search on the decisions of the Constitutional Court. Disobedience to the decision of the Constitutional Court will have fatal consequences, from the potential for a reduction in the function of the Constitutional Court institution to the occurrence of constitutional justice delays. Obedience to the decisions of the Constitutional Court cannot only rely on the legal awareness of the community and state institutions, but also needs to be supported by “coercive” instruments. Therefore, the importance of collaborative collaboration across state institutions so that the decisions of the Constitutional Court can be implemented properly as they should. In addition, it is necessary to design the imposition of sanctions for acts of disobedience to the decisions of the Constitutional Court.

Perppu Pengawasan Hakim Mk Versus Putusan Final Mk Malik Malik
Jurnal Konstitusi Vol 10, No 4 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

Government Regulation in Lieu of Law (Perppu) No. 1 of 2013 about the Second Amendment to Act No. 24 of 2003 about Constitutional Court (MK) is an appropriate step to recover public trust to MK after the arrest of non-active Head of MK Akil Mochtar by Corruption Eradication Commission (KPK). Many crucial things are found in Perppu No.1 of 2013 about MK and these are considered as the problem roots but also the efficacious herbs to deter against the replicated corruption practice at MK. One of them is the supervision system of Constitutional Justices. Justices of MK have been once becoming the object of the supervision of Judicial Commission (KY), but the release of the Verdict of Constitutional Court No. 005/PUU-IV/2006 has made the authority of KY to supervise Constitutional Justices degraded into inconstitutional. The verdict of Constitutional Court is final and binding, but it cannot still escape from erga omnes principle, meaning that the verdict is binding in general term and also binding for the object of dispute.

Rekonstruksi Sistem Pemerintahan Presidensiil Berdasar Undang- Undang Dasar 1945 Menuju Sistem Pemerintahan Presidensiil Murni Sulardi Sulardi
Jurnal Konstitusi Vol 9, No 3 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Indonesian governmental system is conducted based on 1945 Constitution. When varied constitutions were implemented in Indonesia in the past, the consequence is there were varied political systems. In 1999-2002, there were changes in 1945 Constitution. One of the objectives is to strengthen presidential system of government. It was expected that the amended Constitution could become the foundation of the good, effective, and efficient presidential system of government. In fact, the amended Constitution does not yet specified the characteristics of the presidential system of government, so there is awareness that a reconstruction into the presidential system of government is needed. Since 1945 independence until transition period, presidential system of government based on 1945 Constitution was conducted inconsistently because 1945 Constitution was arbitrarily interpreted by the presidents in their terms of office. Theoretically, there was a new concept on the presidential system of government, that is the pure presidential system of government. Practically, if the concept is included in 1945 Constitution, the consequence is that the president has relatively equal position among others state institutions. Then, the presidential system of government can effectively and efficiently run because each of state institutions, especially President and Parliament, can focus their attention to their tasks and duties.

Integrasi Konstitusional Kewenangan Judicial Review Mahkamah Konstitusi dan Mahkamah Agung Maruarar Siahaan
Jurnal Konstitusi Vol 17, No 4 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

The separation of judicial review authority of the rules and regulation between the Supreme Court and the Constitutional Court raises many questions, what is the reason for the Reform of the 1945 Constitution to make this separation. The results of the study state that in countries that adopt the civil law system submit all judicial review authority to the MK, so that the separation of testing or judicial review that separates between the law that is the authority of the MK, and the testing of legislation under the law becomes the authority MA, is considered an awkward thing. Implications of the MK’s decision to test the legal norms of the 1945 Constitution, the scope of which may be horizontal to the same norms in the law, and vertically down to the rule of law as the implementation of the law that has been tested and stated to have no binding legal force. Conceptually the judicial review of the legislation should be under one roof. The burden of handling matters in the Supreme Court, can be a sufficient basis that the handling of judicial review under one roof system by the Constitutional Court, requires new interpretation or amendment to the 1945 Constitution, However, the conception will be difficult to realize except with the amendment of the 1945 Constitution because the divided judicial review authority is explicitly regulated in the 1945 Constitution. This will change if the MK’s decision with “courage” can give a new interpretation of the constitution, or through application of inherent/implied power jurisdiction of judicial constitutional review ”, then the granting and regulation of separate authorities made explicitly and expressively verbis in Article 24A and 24C, can be realized without demanding amendment to the 1945 Constitution concerning Article 24A paragraph (1) and Article 24C paragraph (1) of the 1945 Constitution.

Pembelajaran Hukum Melalui Perppu Nomor 1 Tahun 2013 Adventus Toding
Jurnal Konstitusi Vol 10, No 4 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

Government regulation in lieu of law is regulation released by president subjectively in force majeur condition. The change of law through the regulation is an extraordinary in nature. An extraordinary change through the government regulation in lieu of law depict a condition which put aside the change of law in normal way. The quality of the government regulation in lieu of law can be measured from the content of the regulation either from the changes made or the addition of something new that has not existed. As a regulation which contains the substance of law, the presiden’s subjectivity must objectivized through the House of Representatives. The consequence is that the regulation must be accepted or unaccepted. If accepted, then the regulation will become law. The change of law through government regulation in lieu of law will increase the qualitiy of law because enforceability of the regulation is examined empirically by the House of Representatives. Otherwise, if not acepted, the regulation will not be enforceable and evrey provision contained therein will no longer have binding force of law. Thus, the former law will prevail.

Page 13 of 59 | Total Record : 584

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Abdul Basid Fuadi

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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