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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. 4, No. 2" : 5 Documents clear
Kajian Komparatif tentang Pengaturan Pelindungan Budaya dalam Konstitusi Negara-Negara Asia Pasifik Collins, Josua Satria
Jurnal Konstitusi & Demokrasi Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

Culture is a fundamental element in shaping national identity and unity amidst diversity. Therefore, many countries incorporate cultural protection into their constitutions to ensure the sustainability of cultural heritage. The constitution not only serves as a legal foundation but also as a social engineering instrument to facilitate cultural development amid contemporary challenges. This study focuses on the Asia-Pacific region due to its high cultural diversity and the complex interaction between local traditions and globalization. Using a normative juridical method and a comparative approach, the study analyzes 54 constitutions from countries in the region. The findings indicate that the majority of these countries include constitutional provisions related to culture, following three main trends: (1) representation of cultural practitioners in parliament, (2) preservation of cultural and historical sites, and (3) guaranteed access to cultural education and research. Compared to Indonesia, some countries have more detailed regulations regarding the protection of historical sites and support for cultural research and education. This study recommends strengthening cultural protection in Indonesia’s constitution by adopting best practices from other countries, ensuring more effective preservation of national identity and cultural advancement in the face of globalization.
Studi Komparatif Konstitusi di Indonesia dan Timor Leste : Analisis Aspek Inherent, Konstitusionalisme dan Pemilihan Umum Presiden Fauziyah, Qothrunnada uni
Jurnal Konstitusi & Demokrasi Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

A comparison of the constitutions between Indonesia and East Timor provides an interesting insight into how the two countries, which have different historical and cultural backgrounds, formulate their legal and political frameworks. Indonesia, as a country that has been independent since 1945, has a constitution that has undergone several amendments and changes along with political and social developments. On the other hand, East Timor, which gained independence in 2002 after decades of conflict and colonization, 24 years of integration with the Republic of Indonesia and has a newer Constitution and is still in the early stages of development. Another important aspect that is interesting to analyze is related to the presidential election. Indonesia, since the amendment of the 1945 Constitution, applies the presidential election system directly by the people, with a maximum limit of two terms of office. In East Timor, the people voted in a presidential election that was seen as a test of the country's democracy. Although the president's authority is very limited and tends to be a ceremonial position, East Timor's presidential election remains a very important and decisive event for the young country. The method used in this study is juridical normative approach to legislation (statute approach), historical approach (historical approach) and conceptual approach (conceptual approach). A comparative study of the constitutions of Indonesia and East Timor, focusing on inherent aspects, constitutionalism and presidential elections, provides a rich overview of the constitutional dynamics in two major countries with different historical and socio-cultural backgrounds. Thus we can draw important conclusions for the development of a better theory and practice of constitutionalism later. Keywords : Constitution, Inherent Aspects, Presidential Election, Indonesia, Timor-Leste
Perlindungan Hak Kotak Kosong pada Pilkada Berdasarkan Undang-Undang Pilkada Hardiansyah, Thoriq
Jurnal Konstitusi & Demokrasi Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

Simultaneous elections in 2024 will be held as a whole, both legislative and executive. The implementation of Regional Head Elections, namely Governors, Mayors and Regents, has created its own phenomenon. This is due to the lack of political participation such as fat coalitions which result in the presence of the majority of single candidates in several regions dominated by incumbents. The opponent available on the ballot paper is an empty box. This certainly does not provide satisfaction to the community to be able to choose the candidate they will vote for so that a new phenomenon emerges, namely Empty Box Voters. In this study, the extent to which the state interprets substantive justice through the democratic party. The results of this study reveal that the Protection of Empty Box Voters and the Urgency of the presence of empty boxes can still be considered as the protection of Human Rights.
Menakar Kekuatan Mengikat Putusan Mahkamah Konstitusi dalam Pemberhentian Presiden dan/atau Wakil Presiden di Indonesia Efendi, Sunarto; Sterigma, Sylli Meliora; Mappuna, Nur Alfitra
Jurnal Konstitusi & Demokrasi Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

Impeachment is a mechanism that allows for the dismissal of a President and/or Vice President before the end of their term. In countries that adopt a presidential system, such as Indonesia, the process and mechanism of impeachment are crucial to regulate, considering the possibility that the President and/or Vice President may commit serious violations or no longer meet the qualifications to regulate a country. This study examines the process and mechanism of dismissing the President and/or Vice President in Indonesia, as well as the ideal framework for such a process. Using a doctrinal legal research method with secondary data from literature studies, the findings show that Indonesia’s impeachment mechanism consists of two stages: a “political process” and a “legal process.” The legal process takes place in the Constitutional Court (MK), where the Court examines, adjudicates, and issues a decision based on the House of Representatives’ (DPR) request for an opinion regarding the impeachment of the President and/or Vice President. However, the Court’s ruling in this matter contradicts the principle of erga omnes—a fundamental characteristic of Constitutional Court decisions—since, in the next stage, there is no obligation for the People’s Consultative Assembly (MPR) to implement the ruling. Therefore, constitutional reforms are needed to strengthen Indonesia’s impeachment process by requiring the People's Consultative Assembly (MPR) in Indonesia to comply with and execute the Constitutional Court’s decision regarding the dismissal of the President and/or Vice President.
Teori Kemaslahatan Sebagai Batasan Judicial Activism Dalam pengujian undang-undang oleh Mahkamah Konstitusi Alatas, Ali; Zulfickar, Ficky M; Hutabarat, Patio Alfredo Nugraha
Jurnal Konstitusi & Demokrasi Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

In this paper, the concepts of judicial activism and judicial restraint are discussed as the way the Constitutional Court (MK) tests laws against the 1945 Constitution of the Republic of Indonesia (UUD 1945). Active judges can do new things to address legal vacuums or social change, but this can trigger criticism due to the potential for exceeding judicial authority. In contrast, judicial review emphasizes the self-restraint of judges to adhere to the legal text without creating new standards, providing legal stability but considered less responsive in handling complex issues. In addition, as a standard to balance the two approaches, this paper offers a maslahat theory based on Maqashid Syariah. This method centers on the protection of the five main elements of human life: religion, soul, reason, offspring, and property. These values are in line with the values contained in the Pancasila and the 1945 Constitution. By using a benefit-based analysis, the Constitutional Court is expected to make decisions that are substantially fair, maintain differences in power, and meet the needs of society. This paper emphasizes how important it is for Constitutional Court judges to have clear guidelines and to work together with other state institutions to maximize their role as guardians of the constitution.

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