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Jurnal Konstitusi dan Demokrasi
  • publication:jurnalkonsdem
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Published by Universitas Indonesia
ISSN : -     EISSN : 28089715     DOI : 10.7454/JKD
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Konstitusi dan Demokrasi adalah Jurnal Ilmiah di bidang Hukum Tata Negara yang terbit sebanyak satu kali setiap tahunnya pada bulan Oktober. Jurnal Konstitusi dan Demokrasi diterbitkan oleh Bidang Studi Hukum Tata Negara Fakultas Hukum Universitas Indonesia. Jurnal ini berisi tulisan hasil penelitian dan pemikiran di bidang hukum tata negara serta isu yang mencakup pemilihan umum, hak asasi manusia, kekuasaan kehakiman, lembaga perwakilan rakyat, dan isu hukum tata negara lainnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 45 Documents
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Memperkenalkan Peradilan Etika Asshiddiqie, Prof. Jimly
Jurnal Konstitusi & Demokrasi Vol. 1, No. 1
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Ambivalensi Penegakan Kode Etik dan Upaya Hukum terhadap Putusan Kode Etik Siregar, Praise Juinta W.S.
Jurnal Konstitusi & Demokrasi Vol. 1, No. 1
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The Election Organizing Honorary Council (hereinafter referred to as DKPP) is a state institution that is authorized by law to enforce the code of ethics. The journey of DKPP in the code of ethics can be said to have dynamics. Follow-up of the DKPP Decision by issuing a Decree issued by the President. The General Election Commission and the Election Supervisory Body are potential legal remedies in the form of a lawsuit to the State Administrative Court. This raises a problem, whether the State Administrative Court does not examine and decide on the lawsuit, considering that the decision is based on the DKPP Decision, which is final and binding, which is final and binding, which can be done if there are parties who are not satisfied with the DKPP Decision.
Pro Kontra Penegakan Etik Secara Internal dan Eksternal Angraini, Fauziah Suci
Jurnal Konstitusi & Demokrasi Vol. 1, No. 1
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Ethical enforcement is starting to be seen as an important part of the norm system prevailing in society, whose it development cannot be separated from the existence of state institutions and professional organizations that demand public trust. Ethics has a direct contribution to the law enforcement, especially in monitoring the behavior of individuals by providing assurance to the public regarding the integrity of the behavior of law enforcers, public servants and professionals. The establishment of this ethical supervisory and enforcement agency can be found in various forms, it can be in the form of an inherent organ in the organization / institution that it supervises (internal) or that which stands as a separate institution (external). The debate began to emerge when the non-uniformity of the ethical supervisory institutions was considered to affect the procedures and quality of ethical enforcement itself. On the one hand, the internal enforcement of ethics is considered to be more protective of the dignity of individuals and organizations having ethical cases. But on the other hand, internal monitoring and enforcement of ethics has the potential to leave major questions from the aspect of ethics enforcers' independence. This problem is one of the fundamental question that must first be resolved in connection with the search for an ideal ethics enforcement supervisory institution format.
Check and Balances dalam Sistem Peradilan Etik Werdiningsih, Mega Ayu
Jurnal Konstitusi & Demokrasi Vol. 1, No. 1
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The principle of checks and balances is closely related to the principle of separation of powers in the constitutional system, which in its development, the application of checks and balances emphasizes the importance of mutual control relationships between various branches of state administration, including within the scope of the judicial system. If in the legal justice system in the context of judicial power, the application of the principle of checks and balances is not new – that is through supervision by the House of Representatives (DPR) which is authorized to propose changes to the Supreme Court law and external supervision by the Judicial Commission (KY) on the behavior of judges according to the Code of Ethics-, therefore, the application of the principle of checks and balances should also be a concern in the ethical justice system. Considering, nowadays, the judicial system does not only include the legal justice system (Court of Law) but also includes the ethical justice system (Court of Ethics). For this reason, this paper examines the application of the principle of checks and balances in the ethical justice system, especially in the ethical justice system which still applies closed ethical trials, namely the Honorary Council of the DPR (MKD), the Honorary Council of Judges (MKH) and the Honorary Council of the Constitutional Court (MKMK). By knowing and paying attention to the application of the principle of checks and balances in the ethical justice system, it is hoped that the development of the ethical justice system (Court of Ethics) and the Court of Law will be implemented.
Perdebatan Etika Vs Hukum Sebagai Norma yang Memiliki Sanksi Mengikat Bagi Aparatur Sipil Negara (ASN) di Lingkungan Kementerian Keuangan Putri, Bonita Cinintya
Jurnal Konstitusi & Demokrasi Vol. 1, No. 1
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Ethics is an order of behavior based on a system of values in a particular society, which is more appropriate to be associated with science or philosophy. Therefore, ethics is more local or special. Ethical Philosophy not only pays attention to what is right or wrong, but also to good and bad judgments about things. The State Civil Apparatus has an important role in creating a law-abiding, modern, democratic, prosperous, fair and moral civil society in providing services fairly and equitably. Judicial institutions, in particular the District Courts, may not refuse to adjudicate a case submitted to them in accordance with the prevailing laws and regulations, on the grounds that there are no stipulating rules for adjudicating the case. Therefore, the purpose of this paper is to see the boundaries of a problem that binds civil servant employees brought into the realm of ethics and the realm of law (judicial). The existence of an article regarding unlawful acts causes many people to file a lawsuit to the District Court on the pretext of violating their rights but does not mention the elements of unlawful acts as stated in article 1365 of the Civil Code.
Otonomi Daerah Dalam Masyarakat Multikultural Supriyono, Bambang
Jurnal Konstitusi & Demokrasi Vol. 2, No. 1
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The local government system implemented in a multicultural society, especially in Indonesia, still faces a dilemma. When the government system prioritizes democratic values, there is a tendency to ignore managerial values. Observing these issues, the decentralization policy as the basis for regional autonomy will be appropriately implemented if it considers the balance between diversity and the dimensions of unity or diversity. Understanding these multicultural dimensions needs to be the basis for building relationships between the central and regional governments in administering a government system that truly means local self-governance.
Mekanisme Penetapan Ambang Batas (Threshold) Terhadap Stabilitas Sistem Presidensial Dan Sistem Multipartai Sederhana Di Indonesia Abadi, Songga Aurora; Arsil, Fitra
Jurnal Konstitusi & Demokrasi Vol. 2, No. 1
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This journal discusses the Threshold Mechanism for the Stability of the Presidential System and the Simple Multiparty System in Indonesia, with the aim of knowing concretely the essential conditions for the realization of an effective presidential government, through the substance of the policy setting limits in force in Indonesia, and the implications of setting thresholds on the stability of Indonesia's presidential and multiparty systems. This research was conducted using normative legal research methods, through library research, with prescriptive research typologies that are conducting intensive, in-depth and detailed and comprehensive approaches to explore deeply about research issues. The results showed that during the general election in the reform era, various rules around thresholds were imposed in order to realize simple multiparty and presidential stability, the rules were in the form of the requirements for the establishment of political parties, the requirements for political parties to participate in general elections, the threshold for votes to be able to participate in general elections next (electoral threshold), the threshold of the vote acquisition of political parties to sit in parliament (parliamentary threshold), the threshold for fraction formation (fractional threshold), the threshold for presidential nomination (presidential threshold). The policy to determine the threshold has legal consequences: 1) Political parties are not recognized as legal entities; 2) Political parties cannot participate in the election; 3) Political Parties cannot obtain seats in the DPR. Although the requirements for party establishment, party registration as a legal entity, and party requirements for participating in elections have effectively reduced the number of political parties, the electoral threshold has failed in practice because the number of parties fused is relatively low and the parliamentary threshold policy is getting worse every year high, but the number of political parties in parliament is still in extreme multiparty conditions.
Kewenangan Daerah Dalam Negara Kesatuan Republik Indonesia Hamid, Ahmad Farhan; Saripudin, Saripudin
Jurnal Konstitusi & Demokrasi Vol. 2, No. 1
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This paper describes the development of the authority of the regional government in governmental affairs, and it closed by an effort to see the future of regional autonomy in the unity state of Indonesia.
Konstitusionalitas Penerapan Mekanisme Omnibus Law dalam Pembentukan Undang-Undang Di Indonesia Simabura, Charles; Fajri, M. Nurul
Jurnal Konstitusi & Demokrasi Vol. 2, No. 1
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This paper intends to describe how the omnibus law mechanism applied in lawmaking in Indonesia. Look at the 2020 priority national legislation program, which includes four draft bills that formed using the omnibus law mechanism. The omnibus law is a new mechanism in the lawmaking process in Indonesia. Because this mechanism not contained in Law Number 12 of 2011 concerning the Formation of Laws and Regulations as amended by Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning the Formation of Laws and Regulations. With this, the first thing that must answer is the question of the constitutionality of its application. Therefore the omnibus law is a law that formed to change or cancel the various norms that existed in many Laws that had previously been in effect. The aim is to be able to provide policy recommendations on the application of the omnibus law mechanism in the formation of laws in Indonesia. The research method used in this paper is prescriptive-descriptive legal research with a normative juridical approach.
Problematika Pengisian Jabatan Menteri Yang Membidangi Birokrasi di Indonesia Sorik, Sultan; Natalia, Siska Windu; Yustiyah, Erma; Dwiatmoko, Anang
Jurnal Konstitusi & Demokrasi Vol. 2, No. 1
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This study examines the problems of filling ministerial positions in charge of the bureaucracy in Indonesia. The form of research used is normative juridical. From the research conducted, it was found that, 1) in the midst of the spirit of the State Civil Apparatus Law to implement the Merit System in human resource management, one of the important things that was forgotten was about filling in the ministerial positions in charge of bureaucracy, which is the spearhead of bureaucratic policy makers in Indonesia. Indonesia; 2) pressure from political parties was very influential in selecting ministers in the cabinet during the period of President Jokowi's administration, so it is not surprising that ministers in charge of bureaucracy are often from political parties; 3) filling the position of minister in charge of the bureaucracy in Indonesia contradicts the theory put forward by Max Weber. If the assistant to the president (minister) still comes from a political party, there will be problems of loyalty, a minister will find it difficult to get out of the double loyalty trap, between serving the president or the head of a political party. So that in the future filling ministerial positions, especially those in charge of bureaucracy, indicators need to be made, so that the minister can help carry out his duties in the implementation of a better state government and not be trapped in double service between the president and the chairman of political parties.

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