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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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Penguatan Demokrasi Lokal Melalui Penghapusan Jabatan Wakil Kepala Daerah Suhariza Suhariza
Jurnal Konstitusi Vol 7, No 5 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

Democracy at the local level becoming a necessity for achieving the goals of regional autonomy. Furthermore, the strengthening of democracy at the local level being the significant pillar in strengthening democracy at the national level. The strategic step to consolidate democracy at the local level particulary in terms of the regional head elections is by elimination the position of deputy regional head . This paper is describes the problems about the circumtances after head local election specially the relationship between Regional Head and Deputy Regional Head along with the idea about the eliminationof the position of Deputy Regional Head.

Pembentukan Mahkamah Konstitusi Sebagai Pelaku Kekuasaan Kehakiman di Indonesia Bambang Sutiyoso
Jurnal Konstitusi Vol 7, No 6 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

Establishment of the Constitutional Court marks a new era in the power of the judiciary system in Indonesia. Some areas that had not been touched (Untouchables) by law, such as judicial review issues on the Constitution, can now be done by the Constitutional Court, including the authority, other authority provided for in the 1945 Constitution after the amendment. Besides, the existence of the Constitutional Court must also be equipped with a clear organizational structure, adequate procedural law, legal principles and sources of law that the Constitutional Court made reference in carrying out its duties and judicial authority. The emergence of the Constitutional Court as a principal judicial authorities are expected to become entry points which promote the establishment of a modern system of judicial authority in Indonesia.

Pencemaran Nama Baik Melalui Sarana Informasi dan Transaksi Elektronik (Kajian Putusan MK No. 2/PUU-VII/2009) Mahrus Ali
Jurnal Konstitusi Vol 7, No 6 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

Libel crime is an offence attacking the honor and image of person. There are at least two elements in the libel crime in which a judge has an obligation to prove them, subjective and objective element as well as malice. An offender cannot be blamed for his/her conduct unless he/she commits these elements. In the term of article 27 (3) of electronic transaction and information act no 11 of 2008, its content is still in accordance with the rule of law conception and several articles of Indonesia Constitution of 1945 dealing with some fundamental rights of citizen and the right of freedom to express and to obtain information. State has untitled to make any limitation by prohibiting certain activities attacking the honor and image of person which is based on the same rights of the same freedom.

Putusan Mahkamah Konstitusi: Dampaknya terhadap Perubahan Undang-Undang dan Penegakan Hukum Pidana Wulandari, Widati; Putri, Nella Sumika; Sulistyani, Wanodyo; Chandra, Erika Magdalena
Jurnal Konstitusi Vol. 18 No. 3 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Constitutional Court verdict have big impact for laws development including criminal law. In criminal law, the verdict caused change in norm both arranged inside Criminal Law Code and outside Criminal Law Code. Futhermore, this issue is interesting to study when it is connected with expansion authority of Constitutional Court from negative legislator to positive legislator. Constitutional Court verdict form as ‘conditional’ verdict either constitutional or conditional inconstitutional are example of the transformed Constitutional Court authority from negative legislator to positive legislator. As known, criminal law is basing on legality principle. Thus, the verdict especially ‘conditional’ verdict raises polemic in its implementation because not all the verdict can be followed by changing criminal law formally. This situation can inflict various difference in criminal law enforcement. Constitutional Court verdict evoke changing criminal law norm by decriminalization, depenalisation, offense transformation or interpretation criminal law elements that impact on material criminal law or formal criminal law. Without any follow up by changing criminal legislation, espesially when it is related with legalty principle, law enforcement officer can rule out Constitutional Court verdict. The inconsistency of law enforcement can provoke law uncertainty and violate citizen rights

Daerah sebagai Pihak dalam Kontrak Penanaman Modal Internasional (Studi Kasus Provinsi Aceh) Sanusi Bintang
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

Legal certainty is an important factor in developing international investment contracts in regional areas. How ever, it cannot be accomplisehed yet because of, among others, obscurance and inconsistance of laws regulating capacity to contracts for regional sub-divisions in Indonesia. The capacity to contract of the regional sub-divisions can be ascertained based on criteria of definition of the international contracts which is different from treaties, legal personality theory on the subject, and object concerning local government affairs. This article concludes that regional sub-divisions, such as Aceh Province, has capacity to be a party to international contracts, therefore, inconsistence laws should be adjusted.

Perlindungan Hak Konstitusional Masyarakat Pesisir : Urgensi Harmonisasi Regulasi Pengelolaan Pesisir Terpadu Mohammad Mahrus Ali; Zaka Firma Aditya; Abdul Basid Fuadi
Jurnal Konstitusi Vol 17, No 4 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

Ten years ago, the Constitutional Court Decision Number 3/PUU-VIII/2010 confirmed that the granting of concession rights for coastal waters (after this: HP3) by the government to private parties was contrary against the constitution, especially Article 33 paragraph (4) of the 1945 Constitution. Legislators then respond to the decision to revise Law No. 27 of 2007 as Law No. 1 of 2014 on the Amendment of Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands. The revision has changed the HP3 regime from Law 27/2007 to the licensing regime in Law 1/2014. Unfortunately, these changes would lead to various juridical problems ranging from conflict between the laws and regulations under legislation that ultimately is potentially detrimental to the constitutional rights of coastal communities. This research focuses on juridical and sociological aspects related to the coastal communities protection of constitutional rights after the Constitutional Court Decision Number 3/PUU-VIII/2010. This research in-depth discusses the follow-up of the Constitutional Court decision a quo by legislators, central government, local governments, stakeholders, and the fulfilment of the constitutional rights of coastal communities. This research is normative legal research by examining the Constitutional Court decision Number 3/PUU-VIII/2010. The descriptive discussion used to understand coastal zone management law's politics to fulfil the constitutional rights of coastal communities. Besides, integrated coastal zone management (Integrated Coastal Zone Management) is a dynamic process, multidisciplinary, and repeated to promote sustainable coastal areas' sustainable management. It includes the whole cycle of information collection, planning, decision-making, management, and implementation monitoring.

Mengurai Kerangka Legislasi Sebagai Instrumen Perwujudan Hak Asasi Manusia Nurrahman Aji Utomo
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

This study seeks to examine the performance of legislation (lawmaking function) as the realization of human rights instruments. Scrutiny on the program period 2010-2014 national legislation, to determine the validity of the assuredness and values, human rights principles in the Law that were born in that period. The study was conducted by banging the process of formation of the Law, institutionalization are born by the state’s responsibility for human rights. The methods and approaches used in the study are in the type of normative or doctrinal study which aims to provide a systematic explanation of the rules, then analyzed the relationship between legislation and the realization of human rights as a state responsibility. Several approaches are used, among others, the statutory approach, the conceptual approach and the approach of the case. The relation between the lawmaking function with the realization of human rights, are in the state’s responsibility to look out of the politics of law. To parse each stage process that impact on the formal level, further analysis of the Law to include legal issues, regulatory patterns, models of responsibility of the state and its institutionalization. Proceeding from it, reflect on the process of legislation discover improper application of the limitation of the right, the context of government intervention and the application of the law. Collapsed it required for rights-based approach within the framework of law making function.

Implikasi Putusan Mahkamah Konstitusi Nomor 101/Puu-VII/2009 terhadap Pelaksanaan Profesi Advokat di Daerah Istimewa Yogyakarta Pusat Kajian Hukum Konstitusi FH UJB
Jurnal Konstitusi Vol 7, No 6 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

The research showed that: (1) the response of the lawyers who have not sworn by the high court of Yogyakarta is that the Constitutional Court decision No. 101/PUU-VII/2009 expected to solve the problems KAI advocates, however, the constitutional court decision has not been carried out by competent parties.Recently, the KAI Advocate cannot administering the advocate’s oath in the open court of high court of Yogyakarta (2) the decision of the constitutional court no. No. 101/PUU-VII/2009 was not provide any implications for the organization advocates and implementation of professional lawyers in Yogyakarta, (3) the attitude of judges towards lawyers who are not appointed by the high court in the court’s proceedings, there was no difference attitude compared to the prior existence of the constitutional court decision.Practically, judges allow lawyers who have not sworn to proceed and become a legal counsel at the hearing, the proceedings if the advocate or be accompanied by legal counsel or stuck in a legal advocate and has been sworn in, (4) there was not any action of high court of Yogyakarta as the implementation of the constitutional court decision No. 101/PUU- VII/2009. This is due to the high court of Yogyakarta was not as a party in the constitutional court decision, thus they were not implement the decision.

Constitutional Question (Antara Realitas Politik dan Implementasi Hukumnya) Jazim Hamidi; Mustafa Lutfi
Jurnal Konstitusi Vol 7, No 1 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

The emergence of political and constitutional law discourses, side by side with the growth of democracy in Indonesia, is developing progressively and dynamically. In reality, this nation is under great tests which determine whether the state is still holding its constitutional commitment on upholding the rule of law. In the other side, the face of law enforcement in this state is under an immense storm of urgent issues that need immediate solution which is: can this state provide “justice” unto all of its citizens? This issue is a huge homework for all the nation’s elements in the future.The establishment of the Constitutional Court which regulated in the 1945 Constitution surely related to the constitutional reformation which deemed as a necessity and an important agenda that should be applied fundamentally. The existence of the Constitutional Court in the constitutional system of the Republic of Indonesia simultaneously casting new hopes for any justice-seekers. The surfacing question now is will the Constitutional Court capable in faithfully guarding the democracy and fair constitutionality in the verge of society that has already loose confidence towards justice institution? This simple and short writing attempts to study and discuss on constitutional question, including on how its political reality and its legal implementation in Indonesia, and also a slight hope of this writing in enriching the references for any justice-lovers in this nation.

Mewujudkan Keadilan, Kepastian dan Kemanfaatan Hukum dalam Qanun Bendera dan Lambang Aceh Muhammad Ridwansyah
Jurnal Konstitusi Vol 13, No 2 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

Article 246 paragraph (2) of Law No. 11 Year 2006 concerning Aceh Government may stipulate that the Aceh government and the Aceh region determine the flag and emblem that reflects the privileges and specificity. It is indeed the opposite opinion with the provision of Article 6 (4) of Governement Regulation No. 77 Year 2007 on Regional Symbols which states that the logo design of regional flag should not have similarity in its essential part or in its entirety with logo design and the flag of the banned organization or association or institution or separatist movement in Indonesian. The above explanation makes the writer interested in aanalysing it further with existing legal theory. The research question is what is the position of the flag and emblem of Aceh in relation to legal justice. What is the influence of the flag and emblem of the province of Aceh in the effort to unite the people of Aceh towards legal certainty. How does the flag and emblem of Aceh influence legal order in Indonesia, and is there any legal utility. The method used is descriptive research analysis which is a study that aims to describe or illustrate systematically, factually and accurately a population or certain regions regarding the nature or certain factors. Research results show that the Qanun made should meet the elements of legal objectives in order to be more beneficial to the community at large.

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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