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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 5 Documents
 1 
Search results for , issue "Vol. 3, No. 2" : 5 Documents clear
Analisis Pengaturan Ambang Batas Pencalonan Presiden Menurut Putusan Mahkamah Konstitusi Tahun 2022-2023 Soeoed, Mochamad Rizky
Jurnal Konstitusi & Demokrasi Vol. 3, No. 2
Publisher : UI Scholars Hub

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Abstract

The constitutional amendments that took place from 1999 to 2022 emphasized that Indonesia adheres to a presidential system of government. One way that is often discussed to increase the effectiveness of the presidential government system is to hold elections simultaneously by implementing the presidential nomination threshold which is now regulated in article 222 of Law Number 7 of 2017 concerning Elections which provides conditions for political parties to obtain a minimum of 20 percent of DPR seats. or 25 percent of valid national votes to be able to nominate candidates for President and Vice President. In practice, this provision always invites controversy and has been repeatedly tested at the Constitutional Court. This article will explain in detail how the threshold for presidential candidacy is set in Indonesia. Then, this article will also analyze the threshold for presidential candidacy according to the decision of the constitutional court in 2022-2023. This article was prepared using doctrinal research methods. The research results show that the threshold norms for presidential candidacy are not regulated in the 1945 Constitution of the Republic of Indonesia, the constitution only regulates the victory threshold as stated in article 6 paragraph (3). The threshold norms for presidential candidacy are regulated in detail in laws that regulate the technical implementation of general elections, such as Law No. 23 of 2003, Law No. 42 of 2008, and Law No. 7 of 2017. The Constitutional Court in its decisions always emphasized that the threshold norm for presidential candidacy is an open legal policy and does not conflict with the 1945 Constitution of the Republic of Indonesia. The Constitutional Court considered that the threshold norm for presidential candidacy had a positive impact on a strong presidential government system.
Peran dan Implementasi DPR Sebagai Bentuk Checks and Balances Terhadap Kebijakan Kepala Otorita IKN Aziz, Mohammad Rifqi
Jurnal Konstitusi & Demokrasi Vol. 3, No. 2
Publisher : UI Scholars Hub

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Abstract

The 1945 Indonesian Constitution details that regional governments are organized into Provinces, Districts, and Cities, each led by directly elected Governors, Regents, and Mayors. These regions also have a Regional People’s Representative Council (DPRD) to represent citizens and help create local laws with the regional heads. However, in 2022, Indonesia planned to move its capital, introducing a unique regional government setup not outlined in the Constitution. Under Law No. 3 of 2022, the new capital, called Nusantara, will have a special government run by an Authority Body at the ministerial level, headed by a President-appointed leader, not elected by the public. This setup differs significantly because Nusantara won't have a DPRD, leading to questions about how it will maintain checks and balances. This study uses legal analysis to explore these issues, highlighting the important role of the national DPR in ensuring governance principles are upheld in the new capital.
Rekonstruksi Pengawasan DPR RI dalam Pembentukan Peraturan Perundang-undangan melalui Kerangka Demokrasi Konstitusional Silalahi, Artha Debora
Jurnal Konstitusi & Demokrasi Vol. 3, No. 2
Publisher : UI Scholars Hub

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Abstract

The process of forming laws and regulations often ignores the rights of citizens, especially the citizen participation rights, the supervision of the House of Representatives and the involvement of citizens. Many problems still unable to accommodate the aspirations of the community, minimize the civil space and only limited to the elite, resulting in discrepancies and ambiguity of implementing the regulations are not simultaneous. Through this paper, using the juridical-normative method with a conceptual approach wants to review the kinds of the reconstruction of the House of Representatives supervision through the bargaining position process as a political aspiration line and citizen participation rights as a tool of legal communication during the formation of laws and regulations in constitutional democracy framework. The reconstruction form of the House of Representatives supervision through the bargaining position process can be divided into two are preventive supervision carried out when the legal product still processing in the draft legislation and repressive supervision carried out when legal product has been formed.
Model Pembuktian dalam Putusan Kabul Mahkamah Konstitusi: Studi Kasus Sengketa Pemilu Legislatif No. 86-03 26/PHPU.DPR.DPRD/XVII/2019 Sari, Jingga Dian Eka Rindra; Maula, Rizal
Jurnal Konstitusi & Demokrasi Vol. 3, No. 2
Publisher : UI Scholars Hub

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Abstract

This study aims to analyze the evidentiary model and legal implications of the Constitutional Court Decision Number 86-03-26/PHPU.DPR.DPRD/XVII/2019 related to the Legislative General Election dispute. Using the normative juridical method, this research examines the Court's reasoning in deciding the case and the legal consequences of the decision. This research also pays attention to the conformity between documents and testimonies of witnesses and experts submitted in the trial, as well as the integrity of voter data. The Constitutional Court encouraged the KPU to ensure the accuracy and validity of voter data to reduce potential disputes in the future. The verdicts affecting the implementation of re-voting in certain polling stations and the annulment of KPU decisions in some areas, demonstrating the importance of a fair and transparent evidentiary process in upholding justice. This research provides insight into how the Constitutional Court handles electoral disputes by affirming the fairness, integrity and legitimacy of the democratic process in Indonesia.
Konstitusionalitas Proses Pemilihan Kepala Otorita Ibu Kota Nusantara Berdasarkan Undang-Undang Nomor 3 Tahun 2022 tengan Ibu Kota Negara Subandi, Riskayati
Jurnal Konstitusi & Demokrasi Vol. 3, No. 2
Publisher : UI Scholars Hub

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Abstract

The establishment of the Government of the Special Territory of the Capital of Nusantara (Special Regional Government of IKN) as the location of the new capital of Indonesia has raised controversy, especially as regards its position as the special regional government held by the Nusantara Capital Authority Institution (IKN Authority), as well as the differences in the process for selecting government heads. The research was conducted using a normative jurisprudence method that focuses on the analysis of secondary data to determine the constitutionality of regulations relating to the position and process of election of the head of government in the Capital of Nusantara. Special Regional Government of IKN is distinct from other regional administrations because it has special status at the provincial level. Several countries grant equivalent status to their national capitals, including the United States, Australia, Canada, and the Czech Republic. In the federal government, it aims to authorize intervene in managing the national capital and ensure that the federal government remains neutral in taking of national policies. In contrast to a unitary state, which has just one sovereign and one legislature, which regional governments must also follow the law ot the state. The specialty of the Special Regional Government of IKN managed by the IKN Authority, as well as the mechanism of election of the Head of the Authority through the appointment mechanism established by the President after consulting the House, is deemed to be contrary to the Constitution. This is due to the fact that the current process does not reflect the regional democratization system, which has become the demand for reform, as stated in the Republic of Indonesia's 1945 Constitution. Aside from that, the applicable laws and regulations cannot guarantee accountability in the execution of each process.

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