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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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Pasang Surut Komisi Yudisial: Kreasi, resistensi dan restorasi Umi Illiyina
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

In The Federalist Papers (1787), James Madison said: “If the angels to govern men, then the internal and external monitoring is not necessary”. In other words, the control is absolute. Supervisory authority weaknesses of the institution in vast expanses of the judiciary, as well as pave the way for the “dictatorship of the courts”. The Judicial Commission is present to prevent the dictatorship of the Court. With all the hope and resistance to the Judicial Commission, it remains a small candle in the corner of a coveted judicial building clean, independent and authoritative.

Mengembalikan Tanggung Jawab Negara dalam Pendidikan: Kritik Terhadap Liberalisasi Pendidikan dalam Uu Sisdiknas dan Uu Bhp Victor Nalle Williamson Nalle
Jurnal Konstitusi Vol 8, No 4 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Indonesia’s Constitution has mandated that the state has a goal to develop nation’s intellectual. In that framework, the state should have responsibility for the education of the whole people of Indonesia. But by globalization, through the WTO and GATS, Indonesia has been directed toward the liberalization of education. Liberalization is done through legislation that directs the autonomy of state-owned educational institutions, maximizing the role of communities in the state and minimize the role of the state, the format of “Badan Hukum Pendidikan” for all educational institutions, and opening the world of education for foreign educational institutions.

Kewenangan Mahkamah Konstitusi Mengadili Perselisihan Hasil Pemilukada Hendra Sudrajat
Jurnal Konstitusi Vol 7, No 4 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

This letters have a purpose to know and analyze authority basic of Constitution Lawcourt of Republic of Indonesia to judging the dispute from the results of district leader and district proxy leader election, and then transferring background about the authority to judging the dispute from the Results of District Leader and District Proxy Leader Election from Appellate Court to Constitution Lawcourt of Republic of Indonesia. So, to analyze basic of Constitution Lawcourt consideration that dispute objects of results of district leader and district proxy leader election don’t have the quantitative character only based on calculation voice results, but the qualitative character too, namely breaking the rules to general election principles, with the character likes ahead, general, free, secret, then downright and fairly that’s to influence the results of district leader and district proxy leader election. Analyze the election law is used by Constitution Lawcourt of Republic of Indonesia to judging the dispute in Undang-Undang Republik Indonesia No 24 Tahun 2003 about Constitution Lawcourt of Republic of Indonesia or Undang-Undang Republik Indonesia No 12 Tahun 2008 about Undang-Undang Republik Indonesia No 32 Tahun 2008 about District Governance, do not regulate punish the dispute event of district leader and district proxy leader election results.Result of letters indicate that massive and sistematic breaking is apart of the dispute from the results of district leader and district proxy leader election become legal consideration to sufficient the sense of public justice progressively cause from quantitative breaking aspect after candidate of district leader and district proxy leader has been elected based on recapitulation and calculation voice where their quantitative just with assessed breaking collision towards procedural and substantive justice both as siniquanom. Though attempt to accommodate overall of democracy aspects from sections and process district leader and district proxy leader election must be main essential to determine and set the results of recapitulation and calculation voice in district leader and district proxy leader election.As letters recommendation, needed regulation product ownself to regulate about mechanism of district leader and district proxy leader election where has been regulated in Undang-Undang Pemerintahan Daerah for all this time, so that affirmation that the district leader and district proxy leader election into the general election become less be clear. By conducting the ownself regulation, hence mechanism of district leader and district proxy leader election will be more clear, especially to overcome and solution the dispute from the results of district leader and district proxy leader election.

E-Voting: Kebutuhan vs. Kesiapan (Menyongsong) E-Demokrasi Loura Hardjaloka; Varida Megawati Simarmata
Jurnal Konstitusi Vol 8, No 4 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Along with the success of e-voting in the election of leaders at the village in Jembrana District, Bali Province, the Chief Electoral Hamlet (Kelihan Banjar Dinas) in the Village Yehembang, Pohsanten Village, District and Village Mendoyo Perancak, Jembrana district by using the e-ID card, opening new opportunities for Indonesia to use these methods in the upcoming election. However, by retaining Article 88 of Law Number 32 Year 2004 regarding Regional Government provides the opportunity for areas not yet ready for e-voting to keep using conventional mencontreng election or vote.

Menegakkan Hak Beragama di Tengah Pluralisme Mariyadi Faqih
Jurnal Konstitusi Vol 8, No 4 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

The verdict of the Constututional Court (MK) regarding the rejection of Law Trial Number 1/PNPS/Year 1965 about the Prevention of Religion Violation and/or desecration through Indonesia’s Law of Constitution year 1945 can be read as reinforcement through the juridical existence which is related to the right of religion freedom. Any kinds of religion desecration and violation such as a violence in the name of religion or religion radicalism which happens in Indonesia is not caused by the juridical products in the era of the old orde or because of the emergency product, but it is more caused by the compilation of problems such as unfairness, disparity, and powerlessness.

Implikasi Putusan No. 002/Puu-I/2003 terhadap Privatisasi Bisnis Migas Syaiful Bakhri
Jurnal Konstitusi Vol 8, No 6 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Statue no. 22/ 2001 on Oil and Gas. (Oil and Gas Law). Have reaped the problem, since the establishment, terms with the impact of globalization, as well as the world economic crisis. Therefore as new laws that regulate oil and gas, there has been a reform in the oil and gas law, as well as a variety of model settings. As is usually the administrative laws, tend to use the criminal provisions, in order to maintain, this thing is set, it can be done ideally, and improve the welfare of the people in business with the capital requirement migas.yang besar.Investasi multinational companies have long engaged in oil and gas, even since the colonial period, until today. Hence privatization of State-Owned Enterprises in the field of oil and gas business, must be strictly regulated, so that the model of economic democracy as provided for in the Constitution Article 33 of the Constitution of 1945, can be implemented with a high spirit of nationalism.

Independensi Mahkamah Konstitusi Ahmad Fadlil Sumadi
Jurnal Konstitusi Vol 8, No 5 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Amendment of the Constitution of the Republic of Indonesia Year 1945 (UUD 1945) define more clearly what is meant by judicial power and determine the perpetrators of judicial power. The judicial power as intended by the 1945 Constitution is the judicial power whereas the power needs to be guaranteed freedom (independency. Constitutional Court as one of the subjects of the judicial authorities in carrying out duties, functions, and authorities also uses the principle of independence and impartiality. The existence of the Constitutional Court as a subject of the judicial authorities which the authority determined in the 1945 Constitution, is necessary because amandment of 1945 Constitution have to led, among other things, the 1945 Constitution position as the supreme law of the state in which the authority of state agencies regulated.

Konsep Hukum Administrasi Lingkungan Dalam Mewujudkan Pembangunan Berkelanjutan Mukhlish Mukhlish
Jurnal Konstitusi Vol 7, No 2 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

Nowadays, Enviromental issue is not belong to Individual or bilateral issue merely, it has becornara collective responsibility of all people in the world. We can say that any pollution and environmental damage almost reach out the highest culmination. A conjungture enviromental disaster almost occurred in all over epicentrum of the world, including Indonesia. It will be an undebatable proof that between human and nature in the context of enviromental management is getting to be unfriendly. Thus, prevailing every existing issue, needs a progressive and integrative legal breakthrough, which is become one of elegant solution for sake of suistainable development purposes. Therefore, hopefully, the estuary of this writing is attempt to give alternative idea to development of the concept of legal administrative oversight, which will be a reference for development of administrative law and currently as a correction of the oversight of enviromental administration all at once.

Perlindungan Hak Anak terhadap Iklan Rokok yang Tidak Memperagakan Wujud Rokok Hwian Christianto
Jurnal Konstitusi Vol 7, No 4 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

The decision of Constitutional-Court No. 6 /PUU – VII / 2009 (about cigarette’s Promoting Limitation) to make the promotion of cigarette more clear in action, without6 manifesting it as a legal advertisement (46 verse (3) UU. No. 32, 2002). Although the cigarette advertisement is not along with the cigarette’s appearance, it still has a huge effect for children. In this circumstance, an attractive debate will rise up between the economic orientation of the cigarette’s entrepreneur and the Children’s Right-Commission purpose. Both of them also get the protection as an expression of constitutional right6 (27 and 28 A, verse (2) UUD 1945). then over here there is an important meaning of Constitutional – Court’s decision No.6 /PUU – VII / 2009, which gives an answer of the law’s issue whether a cigarette advertisement without the appearance, it still also seize the children’s constitutional right.

Konflik Hukum Antara Ketentuan Hukum Pidana Islam dan Hak-Hak Sipil? (Telaah Konsep HAM dan Implementasi Ratifikasi ICCPR dan CAT di Indonesia) Alfitri Alfitri
Jurnal Konstitusi Vol 7, No 2 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

Can death penalty or corporal punishment be imposed by a state since it is required by the Shariah, but, at the same time, it is against state’s obligation to guarantee civil rights as documented in such international human right laws as ICCPR and CAT? This article is to analyse the so called conflict of law between the requirements of Islamic criminal law and civil rights in Indonesia with particular reference to its implementation in Nanggroe Aceh Darussalam province. There are growing demands of some Muslims to the implementation of hudud in Indonesia and several Qanun Provinsi Nanggroe Aceh Darussalam have been enacted too. According to the proponent of such implementation, this depicts that the state respects its citizens’ belief and culture which is guaranted under the aegis of the right to self determination. However, Indonesia has ratified some international human right laws which require the state to respect the right to life and prohibit torture and cruel, inhuman or degrading punishment. How should the state react? this article argues that an alternative approach which is able to bridge prolonged polemic between universalims and cultural relativisms with regards to the validity of international human rights norms when being implemented to different legal cultures is very much needed. This is important in order to reduce resistence against international human right laws which are important to safeguard civil rights especially when the criminal justice system of a country has not fulfilled the due process of law.

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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