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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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Peran Mahkamah Konstitusi dalam Penguatan Hak Asasi Manusia Di Indonesia Saldi Isra
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : The Constitutional Court of the Republic of Indonesia

The presence of articles on human rights in 1945 affirmed that Indonesia respect of human rights. In order to provide protection and guarantee of human rights, the 1945 Constitution authorizes judicial review to the Constitutional Court. Some of the verdict of the Court could be used as evidence that the Court conducted to protect and promote human rights. Constitutional Court not only act as guardian of the constitution institutions, but also as the guardian of human rights. Through its judicial review authority, the Constitutional Court appeared as law enforcement agencies that oversee the passage of state power in order not to violate of human rights.

Menimbang Gagasan Negara Hukum (Deliberatif) di Indonesia* Fahrul Muzaqqi
Jurnal Konstitusi Vol 7, No 5 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

In these recent years the idea of deliberative democracy appears as an alternative idea in the middle of discourse of democracy’s contest and configuration. Through its critics which are submitted into two dominant democratic traditions (also seeking to synthesize them), viz republicanism and liberal democracy, deliberative democracy makes serious efforts to pass theoretical tensions of those two democratic traditions over by formulating a communicative participation theory in an autonomous public sphere which whom is inclusive (multi-actors), free from pressures, discrimination and manipulation.Yet, the idea of deliberative democracy self if it is observed from many deliberation literatures and practices which are studied and implemented in many countries, it has at least two variants that are mutually exclusive. First, variant of impartialism which emphasize on normative principles including the attitude and action to be inclusive, autonomous (non-partisan) and holding on the argumentation which whom considers multi-perspectives and multi-actors in taking a decision or public policy. Inter-subjectivity of an opinion was emphasized very much relating to goodness and rightness of a decision. Second, the impartialism’s critics that realizes to the real of politics and criticizes the model of impartiality that is regarded as too utopian and idealistic in applying deliberation. Principles of reciprocity, continuity, inclusivity and heterogeneity of deliberation are taken as substitute of inter-subjectivity principle in impartiality model.This paper makes a try to investigate the origin of deliberative democracy idea in modern democratic tradition. Furthermore it analyzes development of two variants of deliberative democracy idea. Finally, it endeavors to contextualize the history of Indonesian idea of democracy especially in the idea of consensus discussion (musyawarah mufakat) which is the heart of Indonesian democracy. Of course this paper uses more historical approach to explore them all.

Konstitusionalitas Norma Sanksi Pidana sebagai Ultimum Remedium dalam Pembentukan Perundang-undangan Anindyajati, Titis; Rachman, Irfan Nur; Onita, Anak Agung Dian
Jurnal Konstitusi Vol 12, No 4 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Intentionally, criminal sanction was seen as an effective solution for the problem of crimes. On the other hand, criminal sanctions also pose as an implementation of state responsibility in maintaining public security, order and legal protection of its citizens. In the development of Indonesian legal system, most of the laws enacted by the state have included criminal sanction in its substance. Therefore, there is a shift in the political law (legal policy) regarding the application of criminal sanctions, which intentionally pose as a last resort (ultimum remedium) has shifted towards first resort (primum remedium). The inclusion of criminal sanctions in the legislation as primum remedium might result on the violation of the constitutional rights of Indonesian citizens. In addition, there is an emergence of numbers in applicationsÂ of judicial review on the laws regarding the criminal sanctions issues. This research focuses to examine and determine about the position of criminal sanction norms in the law and about the deliberation and reasoning of the Constitutional Court in reconstructing the structure of criminal sanctions in law from primum remedium toward ultimum remedium. The research showed that most of the laws enacted from 2003 through 2014 have adapted the norms of criminal sanctions as primum remedium. This can be seen in the construction of the criminal forfeiture clause, where in the contrary, the concept of punishment states that criminal sanctions should be positioned as ultimum remedium. In the meantime, the Constitutional Court as the protector of citizensâ€™ constitutional rights and protection of human rightsÂ hasÂ a very important role inÂ restoring theÂ position ofÂ criminalÂ sanctionsÂ as ultimum remedium. This, by example, was set forth in the Constitutional Court decision 4/PUU-V/2007 on June 19, 2007 regarding the review of Law No.29/2004 on the Medical Practices.

Penyelenggaraan Pelayanan Publik Di Indonesia, Sudahkah Berlandaskan Konsep “Welfare State”? Nuriyanto Nuriyanto
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : The Constitutional Court of the Republic of Indonesia

Preamble to the Constitution of the Republic of Indonesia in 1945 (UUD 1945) mandated that the established goals of the Republic of Indonesia, among others, is to promote the general welfare and to make smart the nation. The mandate implies the duty to meet the needs of all citizens through a system of government that supports the creation of a quality public service in order to meet basic needs and civil rights of every citizen for public goods, public services, and administrative services. Generally indeed the concept of public service as stipulated in Undang- UndangNo. 25 tahun 2009 about Public Service was good enough. It’s just that the implementation is still not ideal, because the good enough concept is not backed up by the threat of punishment appropriate and inappropriate. For example, the authors found in Article 34 is enough to provide the ideal behavior of the implementing rules of profesional public service, but if examined further in Article 54 until 58 a set of sanctions, none of penalty that could be imposed for implementing public service violation of the rules implementing the behavior of public service as stated in the Article 34. So if the executor violated ethical behavior in public service no penalty can be imposed for violations of the ethics of public service.

Demokrasi dan Sistem Pemerintahan Cora Elly Noviati
Jurnal Konstitusi Vol 10, No 2 (2013)
Publisher : The Constitutional Court of the Republic of Indonesia

Democracy provides an understanding that the source of power is the people with an understanding that people will give birth to a rule that will benefit and protect their rights. In order for that to happen, a rule is needed to support the idea and serves as the foundation in the life of the state to guarantee and protect the rights of the people. Such rule is called The Constitution.The understanding on the highest power itself does not need to be understood in the sense of absolute monistic and unlimited, because it is in itself that the supreme power which is in the hands of the people is limited by the agreement they set forth together as outlined in the formulation of the constitution they made and promulgated especially on the founding of the state. This is what is called the social contract between citizens as reflected in the constitution. It is that constitution which limits and regulates how the sovereignty of the people is channeled, executed and maintained in state activities and day-to- day running of the government. In essence, within the idea of popular sovereignty, it remains to be guaranteed that the people are the true owners of the State with all its authority to carry out all the functions of state power, both in the field of legislative, executive, and judiciary. It is the people who have the authority to plan, organize, implement, and conduct monitoring and assessment of the implementation of the power functions. Even further, it is for the benefit of the people that every activities aimed at. It is for the people that all the benefits gained from the functioning and the organization of the state are intended. This is the idea of popular sovereignty or democracy that is totally of the people, for the people, by the people, and with people.

Korelasi Pemilu Serentak dengan Multi Partai Sederhana Sebagai Penguatan Sistem Presidensial Hayat Hayat
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : The Constitutional Court of the Republic of Indonesia

Constitutional Court Decision No. 14/PUU-XI/2013 mandated national elections simultaneously between elections executive (President and Vice-President) and legislative (House of Representatives, Provincial and District/City). After the 1945 amendment to experience a variety of complications in the Indonesian political system nationally. Democratization deliver the Indonesian people switching system of government, ie from a presidential system to the parliamentary system. Elections as a democratic process to the leadership of the government elected by the people as a sovereign State. The system of government by consensus of the people, by the people and for the people has implications for improving the effectiveness and stability of the country. The Problem is the electoral system with the current political party system is less effective in the election which is actually held separately between the presidential election, and the election pileg. Giving rise to various problems of the complexity of government (central and local governments). In the hierarchy, the presidential system is less relevant to the separate electoral system between national elections (pileg and presidential) election and the multi-party system. Political reality with the current system adopted, lead to conflicts among constituents, a very high political costs for the government and the candidates (candidates), strengthening of money politics is difficult to avoid the impact of a majority vote, a negative effect on the psychology of candidates when lost or won in battle politics, coalitions are not “healthy” in the implementation of the government, due to various political ideologies and individual interests, as well as the problems of the strategic policies of government. The correlation between electoral systems simultaneously with a multi-party system is a simplified alternative solution in presidential systems strengthening to improve the welfare of the whole people of Indonesia.

Tinjauan Hak Konstitusional terhadap Korban Bencana Lumpur Lapindo Evy Flamboyan Minanda; Tria Juniati
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Events ‘Lapindo Mud’ in Sidoardjo shocked Indonesian society. In the case of this mud volcano, Lapindo allegedly “intentionally save ‘operational costs by not installing casing. When viewed from an economic perspective, the decision affects the installation of the casing to the costs incurred Lapindo. This case has caused harm to residents Siduardjo. This case is just one case, of cases in the field of environmental law that led to disaster for the people of Indonesia. Constitution of the Republic of Indonesia Year 1945 is to include environmental provisions in it, then followed the birth of Law Number 24 Year 2007 on Disaster Management. At the time of this disaster happened, the setting of environmental management regulated in Law Number 23 Year 1997. Are there provisions that already reflects the constitutional rights of disaster victims?Does the presence of the law could meet the challenge? How is its implementation? What about law enforcement?

Penanggulangan Pornografi dalam Mewujudkan Manusia Pancasila Dewi Bunga
Jurnal Konstitusi Vol 8, No 4 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

The provisions concerning the prohibition of pornography are set in the national legal instruments and instruments of international law. Specifically regulated in Law no. 11 Year 2008 About Pornography whose existence was confirmed by the Constitutional Court Decision No. 10-17-23/PUU-VII/2009 who rejected the judicial review of Law no. 44 Year 2008 on Pornography seeing this legislation is still needed to protect public morality. Prohibition of pornography is also in line with the principle of the 2nd Pancasila who want a civilized human being. However, the existence of the rule is not effective in preventing pornography, especially with the internet presence that can expand and facilitate access to pornography. Therefore it is necessary efforts to control pornography in the human form of Pancasila.

Independensi Mahkamah Konstitusi dalam Proses Pemakzulan Presiden dan/atau Wakil Presiden Abdul Wahid
Jurnal Konstitusi Vol 11, No 4 (2014)
Publisher : The Constitutional Court of the Republic of Indonesia

It has been highlighted in the constitution that the Constitutional Court has one obligation to give verdict on the House of Representatives’ (DPR) opinion regarding the impeachment of the president and/or the vice president. Obligation given by this constitution is about to prove that Indonesia is a law state. Even though the Constitutional Court has become part of the dismissal process of president and vice president, the independence of its obligation is doubted by public because of the recruitment factors of the Constitutional Court judges. Even though these judges successfully give verdict because the president or the vice president is proven to break the law, it does not mean that its verdict absolutey ties the authority of the House of Assembly (MPR).

Implikasi Putusan Mahkamah Konstitusi dalam Pemakzulan Presiden dan/atau Wakil Presiden di Indonesia Lisdhani Hamdan Siregar
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

The one of Constitutional Court authority, commonly it called as a duty, has gived a verdict for Indonesian Legislative Assembly opinion about guess of inlegallity by doing President and or without Vice President. The characteristic of Constitutional Court’s verdict has been juridical final. As relative character of verdict, Constitutionan Court’s Verdict has not had a strength binding for The People Advisory Assembly as the last institution in settlement process for dismissal President and or without Vice President in their period to follow the Constitutional Court’s verdict, except to held plenary session like Indonesian Legislative Assembly’s opinion. It was a consequency of Article 7B Paragraph (6) Indonesian Constitution of 1945.

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Abdul Basid Fuadi

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jurnalkonstitusi@mkri.id

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+6281215312967

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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