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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
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INDONESIA
Jurnal Konstitusi
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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Constitutional Issue of the Executional Power of Fiduciary Certificates as Equal to Court Decision Elisabeth Nurhaini Butarbutar
Jurnal Konstitusi Vol. 19 No. 3 (2022)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1935

Abstract

The enactment of the Fiduciary Guarantee Law is expected to be able to answer problems in the financing business, but it causes a loss of constitutional rights because it equalizes the executorial power of a judge's decision legally binding with fiduciary certificates. The analysis was carried out by Constitutional Court Decision Number 18/ PUU-XVII/2019; the was carried out by document study and analyzed prescriptively and descriptively. The results showed that the normative basis of the executive power on the fiduciary certificate was born from an agreement registered. So that it can be used as perfect evidence to prove the debtor in breach of contract, and the judge's legal consideration to declare the inconsistent provisions tested are based on not the existence of legal certainty in determining the time of breach of contract (default) and the mechanism for the execution of the Fiduciary Certificate
Ratio Legis Pembatasan Kedudukan Hukum bagi Pembentuk Undang-Undang dalam Pengujian Undang-Undang Fence Wantu; Novendri Mohamad Nggilu; Suwitno Imran; Rahmat Teguh Santoso Gobel
Jurnal Konstitusi Vol. 19 No. 3 (2022)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1931

Abstract

The discourse on limiting the legislators standing to submit a constitutional review is not an entirely new issue to analyze. However, these things still need to be examined to explore the legal ratio of limitation of the legislator’s standing to submit a constitutional review by the Constitutional Court. This research specifically answers the questions: (a) how are the dynamics of the use of the legislators standing in the constitutional review? (b) what is the legal ratio for limiting legislators standing in the constitutional review? This study uses a normative legal research method by analyzing secondary data in the form of legislation, the Constitutional Court decisions, and literature related to legislators standing to submit the constitutional review. The results of this study indicate that the legal ratio limiting legislators’ standing can be traced through the legal considerations of the Constitutional Court decisions from 2003-2019.
Isu Hak Konstitusional Masyarakat Desa Terhadap Kewenangan Pengawasan Pemilihan Kepala Desa Supriyadi Arief; Rahmat Teguh Santoso Gobel
Jurnal Konstitusi Vol. 19 No. 4 (2022)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1946

Abstract

The election of village heads (Pilkades) is the representation of democracy at the village level. Nevertheless, the supervision mechanism by the district/city level election committee (PPK) becomes problematic when the authority also coincides with the authority to operate. It is important to know the legal construction regarding the supervision of village head elections and the model of village head election supervision in the future. These will be analyzed normatively using a statutory approach, case approach, and concept approach. The results of this study show that Pilkades is an important process to actualize the Constitutional rights of communities, democracy and village autonomy. However, the regulations governing the pilkades are not in line with democratic values and the principle of free and fair election because of the unification of the authority to operate and supervise simultaneously at the Village Head Election Committee formed by the regional Head. Therefore, improvements to the supervision of the Pilkades in the future can be carried out with three models, namely: involving district/city Bawaslu, forming district/city Pilakdes Supervisors, direct supervision by district/city Bawaslu.
Discourse on Prohibition of Marriage With the Colleagues for Public Servants: Diskursus Larangan Nikah dengan Rekan Sekantor bagi Aparatur Sipil Negara Muh. Afdal Yanuar
Jurnal Konstitusi Vol. 20 No. 1 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2018

Abstract

After the Constitutional Court Decision Number 13/PUU-XV/2017, the labor regime which provided possibility of prohibiting workers for having marital bond with the colleagues, has been distorted to become a permissibility, after annulling Article 153. (1). f the Labor Law. In the scope of State Civil Apparatus, there are several reasonable arguments that the Decision can be extended to them, which is: (a) there is similarity between State Civil Apparatus and labors in the matter of employment relationship. where State Civil Apparatus is an employee which employed by the government, while the labor by the company; and (b) the State Civil Apparatus law doesn’t prohibit them from having a marital bond with the colleagues. Based on that, the restriction on the right to establish a family and to get fair and proper treatment by forcing the prohibition of the marital bond with the colleagues through the internal office regulations shall not be justified.
Assessment of Elements of Abuse of Authority (Detournement De Pouvoir) Based on the Decision of the Constitutional Court: Penilaian Unsur Penyalahgunaan Wewenang (Detournement De Pouvoir) Berdasarkan Putusan Mahkamah konstitusi Titon Slamet Kurnia
Jurnal Konstitusi Vol. 20 No. 1 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2016

Abstract

Detournement de pouvoir was regulated in administrative and criminal law. However, the assessment of it was often confused. Therefore, the Constitutional Court through Decision 25/PUU-XIV/2016 provides a line of demarcation in assessing the element of Detournement de pouvoir that must be handled under administrative and criminal law. This article tries to explain the ratio decidendie of the constitutional court through a series of identifications of Detournement de pouvoir. This article uses a statutory approach and presents two main findings; First, the assessment of detournement de pouvoir must be understood based on tort of two field of law. Second, abuse of authority is included as tort in administrative law as long as it relates dwaling of authority, procedures/conditions and substance of the exercise of authority, while abuse of authority can be included as tort in criminal law as long as it contains of dwal badrog, namely bribery, coercion and deception.
Implications of Conditional Inconstitutional Decisions in The Constitutional Court Decision: Implikasi Putusan Inkonstitusional Bersyarat dalam Putusan Mahkamah Konstitusi Irna Nurhayati; Aminoto Aminoto
Jurnal Konstitusi Vol. 20 No. 1 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2014

Abstract

This research focuses on the decision of Constitutional Court Number 91/PUU-XVIII/2020, which states that Law Number 11 of 2020 concerning Job Creation is unconstitutional because of a formal flaw in its formation. This study aims to answer two questions. First, regarding the development and characteristics of conditional decisions issued by the Constitutional Court. Second, what are the implications of conditional unconstitutional decisions issued by the Constitutional Court in Decision Number 91/PUU-XVIII/2020? The research method used is doctrinal legal research with a secondary database. The research results show; (1) there are two types of conditional decisions at the Constitutional Court: conditional constitutional decisions and conditional unconstitutional decisions. (2) Decision Number 91/PUU-XVIII/2020 can potentially cause an ambiguous interpretation regarding conditional unconstitutionality because the Constitutional Court, in its a quo decision, stated that Law Number 11 of 2020 concerning Job Creation remains valid. When referring to the conditional unconstitutional meaning generally understood, the law should be unconstitutional until the amendments are completed.
Legitimacy of Public Participation in the Establishment of Law in Indonesia: Legitimasi Partisipasi Masyarakat dalam Pembentukan Undang-Undang Di Indonesia M Nurul Fajri
Jurnal Konstitusi Vol. 20 No. 1 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2017

Abstract

The most participatory form of the public continues, especially since the making process of the omnibus law at Law about Job Creation. Unfortunately, there is no ideal model of public participation. Even though the constitutional court has provided guidelines regarding meaningful participation. There is guaranteed access to public participation, the unanswered question is the aspect of public legitimacy. The review the weaknesses of the public participation model in the formation of the law process in Law about the Establishment of Legislation and Constitutional Court decision. Participation model only answers the formality side, not the substance in the formation of the law, and becomes a validation tool for the academic side, not the aspirations aspect or the legitimacy of the public itself. The problem will be discussed using the normative method. The problem regarding the method of legal development lies in the provisions of the development of the law itself
The Idea of Structuring National Legislation Based on The Ratio of Decidendi & Obiter Dictum Constitutional Court Decision: Gagasan Penataan Legislasi Nasional Berbasis Ratio Decidendi dan Obiter Dictum Putusan Mahkamah Konstitusi Yuniar Riza Hakiki; Taufiqurrahman Taufiqurrahman
Jurnal Konstitusi Vol. 20 No. 1 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2015

Abstract

MK decission which are "rejecting" and "unacceptable", often contain a constructive “ratio decidendi/obiter dictum” to the formation of the UU, but has not been effectively acted upon in the Prolegnas. This study analyzes: (1) the urgency of national legislation arrangements based on the ratio decidendi/obiter dictum; (2) the formulation of national legislation arrangements based on the ratio decidendi/obiter dictum. This normative research concludes: (1) UU must be formed based on the constitution, but the constitutional messages/guidelines in the MK’s legal considerations-that impactful on the substance of the UU are not followed up. (2) revise Article 18 of the Law No.12 of 2011 as ammanded through the Law No.13 of 2022 on the Establishment of Law and Regulation; give priority weight-to the law affected by the MK decision and include in the Prolegnas priority; the substance of the MK decision must be followed up in the drafting; and institute constitutional dialogue.
Follow-up of Law-Making State Institutions to the Legal Message of the Constitutional Court Decision: Tindak Lanjut Lembaga Negara Pembentuk UndangUndang terhadap Pesan Hukum Putusan Mahkamah Konstitusi Iskandar Muda
Jurnal Konstitusi Vol. 20 No. 1 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2012

Abstract

Observing the follow-up of state law-forming institutions (House of Representative and President) after the Constitutional Court Decision is a wise step for the development of legal knowledge. This study uses a normative juridical approach. The results of the study: (i) legal order (injunction) in the ruling section, while legal order (advice) contained in legal considerations and, (ii) follow-up to legal order (injunction) contained in the Constitutional Court's rulings that have been implemented. and some have not been implemented because it has not reached the specified time limit. Meanwhile, the legal order (advice) of the related Constitutional Court decision has been implemented. In the end, it can be concluded that in a decision of the Constitutional Court there are two categories of legal order, namely injunction and advice, which have been implemented by the legislators. Although some have not been implemented because it has not reached the specified time limit.
Redesign of Administrative Violation Handling at Bawaslu Post Determination of Election Results: Redesain Penanganan Pelanggaran Administratif di Bawaslu Pasca Penetapan Hasil Pemilu Supriyadi Supriyadi; Andi Intan Purnamasari
Jurnal Konstitusi Vol. 20 No. 1 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2019

Abstract

The ideal election is an election whose process is good, qualified, and fair. Since the direct elections in 2014 until the simultaneous elections in 2019, election violations have often occurred, including election administration, election crimes, and the code of ethics of election organizers. The design of handling election administrative violations after the determination of the results: handling of the election administrative violations after the determination of election results, the original intense of Article 454 paragraph (6) and Article 461 paragraph (1) of the Election Law, and the ideal redesign in handling administrative violations in Bawaslu after the determination of election results. Research results: first, Bawaslu still receives election administrative reports after the determination of results. Second, the original intense of the norms limit the handling of election administrative violations to the process stage. Third, redesign the norms and the mechanism, then provide strict limits in the Constitutional Court Regulation.

Page 52 of 59 | Total Record : 584

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