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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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The Role of NGOs in Environmental Governance in Indonesia: Peran Ornop dalam Tata Kelola Lingkungan Hidup di Indonesia Sorik, Sutan; Nurhidayah, Laely
Jurnal Konstitusi Vol. 21 No. 3 (2024)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2134

Abstract

The role of non-governmental organizations (NGOs) needs to be strengthened to enhance the capacity for environmental governance in Indonesia, as natural resources cannot be effectively protected, and environmental problems cannot be resolved without collaboration between the government and civil society. This research aims to explain the concept and role of NGOs as actors in environmental governance. The research was conducted through a literature review. The results show that NGOs play a significant role in protecting natural resources and assisting in solving environmental issues. In Indonesia, the role of NGOs has been legally strengthened. However, due to the restrictive nature of the environmental legal system, not all NGOs have legal standing to bring lawsuits before the courts. To preserve the environment, the legal standing of NGOs should not be limited, as environmental lawsuits involve the broader public interest and the sustainability of natural resources, both of which must be safeguarded.
The Concept of Additional State Capital to Cover the Lack of Capital in the Indonesian Investment Management Agency (LPI): Konsep Penambahan Modal Negara untuk Menutup Kekurangan Modal Lembaga Pengelola Investasi Indrawati, Yuli
Jurnal Konstitusi Vol. 20 No. 4 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2048

Abstract

The Investment Management Agency (LPI) is a sui generis institution managing long-term investment in Indonesia. This investment carries high business risks. UU Cipta Kerja and PP LPI regulates that should a loss that reduces the initial capital by 50%, the Government “can” increase the capital of LPI. The research problems are the concept of increasing capital to cover LPI’s initial capital shortage and its supporting mechanism to achieve state goals. This research uses a normative juridical method with a multi-disciplinary approach. The results are that the Constitutional Court as “the Guardian of the Constitution” must emphasize the concept of additional capital to cover LPI’s capital shortage must be interpreted, that the State is “obligated” to cover capital shortage as long as the existence of LPI is deemed necessary to add significant value for revenue. The approval from DPR is required to increase LPI capital, in order to achieve state goals.
Reformulation of Public Participation in Fast- Track Legislation in an Open Cumulative National Legislative Program: Reformulasi Partisipasi Publik dalam Pembentukan Undang-Undang secara Cepat pada Prolegnas Kumulatif Terbuka Perdana, Anugerah; Enggal, Carolus Boromeus; Mahdum, Raden; Listiawati, Erna
Jurnal Konstitusi Vol. 20 No. 4 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2047

Abstract

One of the factors contributing to the suboptimal implementation of “meaningful participation” is the exploitation of legal loopholes to expedite the creation of open cumulative draft laws (RUU). This issue is further complicated by Constitutional Court Decision Number 90/PUU XVIII/2020, which states that the formation of open cumulative draft laws does not necessitate general public participation, thereby posing a distinct challenge. In the context of this matter, by employing a normative legal research method, the author examines the urgency of public participation in the development of open cumulative draft laws through a “fast track” legislative process. The study’s results cover three main topics: (1) the mechanism of open cumulative draft law design and its relationship to “fast track” legislation; (2) the legal implications stemming from the Constitutional Court’s considerations regarding public participation in the creation of open cumulative draft laws; (3) the essence of integrating public participation into open cumulative draft laws using the “fast track” legislative method.
The Stringent Support Requirements for Independent Candidates in Regional Elections: A Legal Self-Critique of Indonesian Democracy: Besarnya Syarat Dukungan Calon Independen dalam Pilkada: Auto Kritik Hukum terhadap Demokrasi Indonesia Prasetyo, Yogi
Jurnal Konstitusi Vol. 21 No. 2 (2024)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2124

Abstract

Local Election is considered not to reflect democracy, there are still obstacles in the form of a large percentage of support requirements that make it difficult for independent candidates. Responding to these problems, this study aims to explain the large percentage of support requirements that are burdensome for independent candidates and the importance of independent candidates in the local election. The research method used is literature study with a legal philosophy approach. The data are literature literacy materials related to the research theme. The results showed that the percentage of support for independent candidates in the local election was considered too large. So that it hinders and makes independent candidates unable to become candidates in the elections. This kills the life of democracy that is being built by Indonesia. Whereas the existence of independent candidates is important as a counterweight and a new color giver in the political saturation of the old ways that do not produce quality leaders. It is necessary to change the percentage of support for independent candidates so as not to hinder democracy.
Antinomy of Biological Father's Liability to Out-of-Marriage Children in Notary Deed: Antinomi Pertanggungjawaban Ayah Biologis Terhadap Anak Luar Kawin dalam Akta Notaris Yohanes, Joshua; Djaja, Benny
Jurnal Konstitusi Vol. 21 No. 1 (2024)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2118

Abstract

Constitutional Court Decision Number 46/PUU-VIII/2010 impacts the position of a child out of wedlock. With the enactment of the decision, a legal relationship arises between the child out of wedlock and his biological father. This article discusses the position of children out of wedlock after the decision is made and how the decision is applied in a notarial deed. The method used in this study is the normative legal method, in which research analyzes norms, laws, regulations, and legal theory related to applying the abovementioned decisions in the context of civil relations of illegitimate children in a notarial deed. Constitutional Court Decision Number 46/PUU-VIII/2010 shows that it cannot be directly applied as a basis for kinship relations between illegitimate children and their fathers. However, this relationship can be recognized through a court decision taking into account science and technology and other relevant evidence.
Measuring Accountability for Filling the Acting Regional Heads in Indonesia: Menakar Akuntabilitas Pengisian Penjabat Kepala Daerah di Indonesia Kurniawan, Muhammad Fitra; Al Faruq, Muhammad Hamzah; Ruhpinesthi, Garuda Era
Jurnal Konstitusi Vol. 20 No. 4 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2042

Abstract

Before the regional head elections, the Minister of Home Affairs(Mendagri) appoints acting regional heads, sparking discussionsabout accountability. This study aims to analyze the development ofregulations for appointing acting regional heads and their implicationsfor accountability. The research, conducted as normative juridicalresearch using secondary data, reveals two key findings. Firstly, thereare three distinct aspects differing in the process of appointing actingregional heads: the reasons for filling the position, the criteria forbecoming acting, and the extended term of the acting position withoutaccountability. Secondly, the lack of accountability in the appointmentprocess has implications, including the potential for acting regionalheads lacking understanding of the region, the presence of actingregional heads driven by political interests, their limited experienceand increased vulnerability to political influence, and the risk ofunsustainable programs initiated by the previous regional head.
Legal Policy of President Joko Widodo and the Independence of Constitutional Court: Politik Legislasi Presiden Joko Widodo dan Independensi Mahkamah Konstitusi Arizona, Yance
Jurnal Konstitusi Vol. 21 No. 1 (2024)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2113

Abstract

This article discusses the independence of the Constitutional Court in reviewing legislation created by President Joko Widodo. There are three main questions posted: What is the character of legal policy under President Joko Widodo, how has the role of the Constitutional Court shifted in the last decade and what is the character of the Constitutional Court’s decisions in reviewing legislation enacted by President Joko Widodo. These questions are discussed using normative research on Constitutional Court decisions. Data from the results of this research are deployed quantitatively and qualitatively. Quantitative data is displayed to show legislative trends and Constitutional Court decisions. Analysis was carried out on 78 laws and 277 Constitutional Court Decisions. Meanwhile, qualitative research is to assess the character of legislation and Constitutional Court decisions through case studies of several Constitutional Court decisions related to politics, economics, law enforcement institutions and civil liberties. This article shows that the Constitutional Court has not been effective in exercising judicial review of legislation enacted under President Joko Widodo, amidst an increasingly abusive legislative process.
Critical Review of the Constitutional Court’s Decision on the Presidential Threshold: Tinjauan Kritis Mengenai Putusan Mahkamah Konstitusi tentang Ambang Batas Pencalonan Presiden Sukmawan, Denny Indra; Pratama, Syaugi
Jurnal Konstitusi Vol. 20 No. 4 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2041

Abstract

This article aims to enrich the literature on the threshold for presidential candidacy in Indonesia by: Firstly, summarizing the main criticisms of its implementation; Secondly, refuting the arguments of the Constitutional Court regarding the threshold’s potential to increase political support for the elected President and reduce the number of political parties. This research employs a qualitative methodology, utilizing a literature study design and case studies involving the Constitutional Court’s decisions on the presidential candidacy threshold, along with previous studies on the relationship between political parties and the President. In general, we have found that the primary criticisms of setting the presidential candidacy threshold revolve around its potentially unconstitutional implementation and its contribution to political oligarchy. In practice, setting the presidential candidacy threshold is entirely unrelated to an increase in political support for the President and cannot reduce the number of political parties.
Restorative Justice as an Effort to Fulfill the Constitutional Rights of Citizens: Restorative Justice sebagai Upaya Pemenuhan Hak Konstitusional Warga Negara Agustina, Vinda; Tisnanta, H. S.; Muhtadi, Muhtadi
Jurnal Konstitusi Vol. 21 No. 2 (2024)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2125

Abstract

This study aims to determine whether the settlement of criminal cases through restorative justice is an effort to fulfill the constitutional rights of citizens. The method used in this research is normative legal research with a statutory approach and a conceptual approach. The results of the study show that the settlement of cases through restorative justice is an effort to fulfill the constitutional rights of citizens because the principle of resolving cases through restorative justice can be said to be more able to guarantee justice and equality before the law (equality before the law) as regulated in Article 27 paragraph (1), Article 28D paragraph (1) and Article 28I paragraph (2) of the 1945 Constitution of the Republic of Indonesia.
Disregarding the Constitutional Court Decision Concerning the Prohibition of Concurrent Deputy Minister Positions: Pengabaian Putusan Mahkamah Konstitusi Terkait Larangan Rangkap Jabatan Wakil Menteri Sari, Sonia Sekar; Ilmar, Aminuddin; Djafar, Eka Merdekawati; Faiz, Pan Mohamad
Jurnal Konstitusi Vol. 20 No. 4 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2043

Abstract

The presence of the deputy minister position in the Indonesian government system has been a constitutional issue, both in its appointment and the issue of the prohibition of holding multiple positions. This article discusses Constitutional Court Decision Number 80/PUU-XVII/2019, which provides clarity on the constitutionality of the appointment of deputy ministers and the prohibition of holding multiple positions, including as commissioners or directors in state-owned or private companies. Despite this decision, the analysis indicates that the prohibition of holding multiple positions for deputy ministers is still disregarded, as some deputy ministers currently serve as Commissioners in State-Owned Enterprises (SOEs). This research uses a normative approach by analyzing secondary data. The result is that the Constitution is ignored because the Constitutional Court Decision regarding the prohibition of holding multiple positions for deputy ministers is not implemented. To address this non-compliance, if deputy ministers continue to hold positions as commissioners, the President should be able to dismiss them based on the State Ministry Law and Constitutional Court Decision, and impose sanctions in the form of an obligation to compensate the state’s financial loss incurred during the concurrent positions.

Page 55 of 59 | Total Record : 584

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