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INDONESIA
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. 4, No. 1" : 5 Documents clear
Implementasi Hukum Tata Negara Darurat Dalam Kondisi Darurat Moneter Tahun 1998 Di Indonesia Rahmadhona, Rahmadhona; Leonardo, Ayyub; Darmawan, Alifia Ridianti
Jurnal Konstitusi & Demokrasi Vol. 4, No. 1
Publisher : UI Scholars Hub

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Abstract

In the process of transitioning the leadership of the Republic of Indonesia from President Soeharto to the leadership of President B.J. Habibie, there was a massive mass movement in mid-1997 to 1998. The impact of this monetary crisis on Indonesia was considered quite bad, because this monetary crisis also triggered other crises such as political crises and social economic crises so that the stability of the country was threatened from all fields. This study aims to map the condition of Indonesia during the 1998 monetary crisis, analyze the causes and impacts of the 1998 monetary crisis, and discuss the emergency policies set in order to assist efforts to overcome the monetary crisis in Indonesia. Using a qualitative approach through analysis of secondary data from government policies, international institutions, and academic literature, this study found that the crisis was caused by a combination of internal factors such as a weak banking system and fiscal deficits, with external factors such as currency speculation and foreign capital withdrawal. The government's response to the crisis was complex, starting from internal recovery from the banking sector and through the social net, to collaboration with the International Monetary Fund (IMF). These measures are expected to put Indonesia back on its feet economically, socially and politically.
Kebebasan Beragama Dan Berkeyakinan Dalam Negara Hukum Indonesia: Dualisme Tafsir Konseptual Dan Putusan Mahkamah Konstitusi Sanjaya, Dixon; Rahim, Akhlish Aulia
Jurnal Konstitusi & Demokrasi Vol. 4, No. 1
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Abstract

Religious life in Indonesian state of law is still faced with friction and instability. This is due to dualism of interpretation of constitutional norms, differences in human rights perspectives on the freedom of religion and belief, and conflicts over statutory regulations. This research analyzes the concept of freedom of religion and belief (Religious Freedom) by conceptually exploring the discourse on relationship between religion and state and mapping the Constitutional Court's decision on commitment of the Religious Freedom. Normative juridical research is carried out using case, historical, and conceptual approaches. The finding is that relationship between state and religion is conceptually dichotomous between the ideas of the founding fathers who wanted limited separation and the ideas of legal experts in modern era who wanted a more active role for the state towards religion in administering the state. These two concepts result in religious fragmentation in society which underlies the dominant attitude of majority over minorities. Meanwhile, Constitutional Court's commitment to Religious Freedom experienced a dualism between strong commitment (judicial activism) and weak commitment (judicial restraint) which resulted in the realization of freedom of religion and belief facing systemic and cultural problems that couldn’t be realized optimally. A paradigm shift is needed from Constitutional Court, government, and society to act independently and move away from majority perspective to present meaningful concept of equality for Religious Freedom with an understanding of moderation and religious pluralism not based on narrow fanaticism.
Analisa Yuridis Independensi Komisi Pemberantasan Korupsi sebagai Lembaga Ekstra Konstitusional dalam Sistem Ketatanegaraan Indonesia Farida, Alchansyah
Jurnal Konstitusi & Demokrasi Vol. 4, No. 1
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Abstract

The Corruption Eradication Commission (KPK) was formed as a follow-up to the mandate of Article 43 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. The Corruption Eradication Commission exists as an answer to the less than optimal performance of the Police and Prosecutor's Office in eradicating corruption. Apart from that, the Corruption Eradication Commission exists as an independent state institution (not tied to any authority, be it executive, legislative or judiciary). However, after the enactment of Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission, it had a huge influence on the KPK institution. The principles of independence of the Corruption Eradication Commission as characterized as a corruption eradication institution are increasingly being lost, the Corruption Eradication Commission has limited room for movement and is under executive power.
Kompetensi Absolut dan Aktivisme Yudisial dalam Peran Mahkamah Agung Menguji Anggaran Dasar Partai Politik di Indonesia Kurniawan, Denis
Jurnal Konstitusi & Demokrasi Vol. 4, No. 1
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Abstract

This article examines the necessity for the Supreme Court to extend its absolute competence in conducting judicial reviews (right to judicial review) of the Articles of Association and/or Bylaws of Political Parties, which serve as the object of review (objectum litis). This article was prepared by doctrinal research methods. Political parties are institutions that are known for their existence, authority, and constitutional dissolution through the 1945 Constitution. As such, the Articles of Association and Bylaws of Political Parties can be defined as regulations that are established by a Political Party based on orders from higher legal norms, namely the law. It is imperative that the content and procedures for the formation of political parties do not conflict with the legal norms. Accordingly, in the event of a discrepancy between the Articles of Association and/or Bylaws of a Political Party and higher statutory regulations, the Supreme Court, as a judicial control institution, is responsible for determining the validity of the legal norm. The request for a review of amendments to the 2020 Democratic Party's Articles of Association and/or Bylaws, as presented in case Number 39 P/HUM/2021, was not addressed by the Supreme Court in a comprehensive manner. A review should have been conducted in a gradual manner, through the implementation of legal innovations (i.e., rule-breaking measures) aimed at safeguarding the constitutional rights of citizens, which have been disregarded and violated by the enactment of a political party's articles of association and/or bylaws.
Analisis Perbandingan Pengaturan Ibu Kota dalam Konstitusi Global: Pelajaran bagi Ibu Kota Baru Indonesia Jaya, Akbar Arta
Jurnal Konstitusi & Demokrasi Vol. 4, No. 1
Publisher : UI Scholars Hub

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Abstract

On August 16, 2019, the President of the Republic of Indonesia, Joko Widodo, delivered a state speech ahead of Indonesia's Independence Day commemoration, in which the plan to move the national capital to Kalimantan was presented. The relocation of the capital city in a country has various motives, including the location of the previous capital city which is vulnerable to threats from other countries, the development of new cities, and increasing economic growth. This research was conducted to see how the constitutions of countries in the world, especially in 25 countries in the Asian continent (11 Southeast Asian countries, 7 South Asian countries, and 6 East Asian countries) as well as 12 Latin American countries, 7 Central America, 5 European countries (England, France, the Netherlands, Spain, and Portugal), and 2 superpowers namely the United States and Russia, regulate the capital city. The research method used is normative juridical, with a comparative approach. Through this approach, the author conducts research by comparing 2 (two) or more countries' constitutions in regulating the capital city. From the results of the research, the author found that there are 33 countries that regulate the capital city in their constitutions. This number is quite a lot, which is 66% when compared to 17 countries or 34% that do not regulate the National Capital. In the final section, the author recommends that Indonesia can follow model 1 and model 2 in a limited way, considering that currently Indonesia has been trying to successfully move the National Capital to Kalimantan.

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