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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. 5, no. 2" : 5 Documents clear
Rekonstruksi Paradigma Transfer of Sentenced Persons: Antara Kepentingan Narapidana dan Kepentingan Negara, serta Implikasinya pada Tata Kelola Transfer of Sentenced Person Arsil, Fitra
Jurnal Konstitusi & Demokrasi Vol. 5, No. 2
Publisher : UI Scholars Hub

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Abstract

This article analyzes the paradigm shift in the Transfer of Sentenced Persons (TSP) from a regime oriented towards the rehabilitation and social reintegration of prisoners to a new configuration increasingly driven by state interests, such as national security, prison population management, immigration policy, budget efficiency, diplomatic calculations, and human rights image. Based on a legal-normative approach combined with institutional analysis and a comparison of practices in various jurisdictions, this paper shows how the principle of consensualism, initially interpreted as "trilateral consent" (the sentencing state, the receiving state, and the prisoner), has fragmented into three models: compulsory, voluntary, and hybrid, with direct implications for the autonomy of prisoners in the decision-making process. This article also shows how the classic prohibition on transferring prisoners sentenced to death through the TSP scheme is reconstructed through various sentence-conversion formulas and policy engineering. At the governance level, TSP is shifting from a predominantly judicial mechanism to a series of administrative and cross-sectoral coordination decisions, with the executive and inter-ministerial networks playing a central role.
Efektivitas Fungsi Pengawasan DPR di Tengah Dominasi Koalisi Gemuk Farabi, Muhammad Fawwaz Farhan; Shadr, Muhammad Bagir; Khalis, Irfan; Intan, Nurul; Hanafi, Muhammad Akbar
Jurnal Konstitusi & Demokrasi Vol. 5, No. 2
Publisher : UI Scholars Hub

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Abstract

This study examines the phenomenon of oversized coalitions in Indonesian politics and their impact on the legislative role in exercising oversight over the executive branch. In a democratic context, the presence of large coalitions in parliament is often associated with a diminished balance between the legislative and executive branches, particularly concerning the essential mechanism of checks and balances. The primary issue investigated is how this political configuration affects the effectiveness of parliamentary oversight, specifically regarding the monitoring of public policy implementation and government accountability. By employing a normative legal approach and analyzing specific public policy implementations, this research assesses the impact of oversized coalitions on the legislative body's capacity to perform its functions optimally. The findings indicate challenges in achieving effective oversight within an oversized coalitions system, particularly concerning the limited role of the opposition, which is crucial for strengthening the democratic process.
Mengenalkan Metode Empiris, Kuantitatif, dan Eksperimental Dalam Penelitian Hukum Tata Negara Abiyoso, Yunani
Jurnal Konstitusi & Demokrasi Vol. 5, No. 2
Publisher : UI Scholars Hub

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Abstract

Almost all constitutional law research applies the doctrinal method to analyze normative texts and legal logic. In the context of the development of constitutional law, this method has limitations in evaluating the effectiveness of legal norms in societal reality. This article proposes the need for a paradigm shift in the use of constitutional law research methods, which should not only rely on a doctrinal approach but also integrate empirical methods, to align the needs of constitutional law studies with the dynamics of the Indonesian state after 25 years of constitutional amendments. There are three alternative methods that can be integrated with the doctrinal method: the empirical method, the quantitative method, and the experimental method. Thru the application of various methods, constitutional law research is expected to present an analysis of normative texts based on empirical evidence to propose constitutional recommendations.
Tindak Pidana Korupsi oleh Partai Politik: Urgensi dan Implikasi Hukum terhadap Pembubarannya dalam Sistem Ketatanegaraan Indonesia Ananda, Ivani; Basmine, Alya Alania; Putri, Nadhira
Jurnal Konstitusi & Demokrasi Vol. 5, No. 2
Publisher : UI Scholars Hub

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Corruption has become an extraordinary crime that damages the integrity of the state and weakens the democratic system, including through the role of political parties that are supposed to be the main pillars of democracy. This research aims to answer the main question: can a political party be dissolved because it is proven to have committed a corruption crime? Using a normative-juridical research method, this paper examines the provisions in the Anti-Corruption Law, the Political Party Law, and the Constitutional Court Law and is associated with the e-KTP corruption case study. The results show that normatively political parties can be categorized as corporations, making it possible to be held criminally liable. However, in practice, there is no mechanism that explicitly allows the dissolution of parties due to corruption. Therefore, regulatory reform is needed to clarify the legal status of political parties as criminal subjects and make corruption a reason for party dissolution through the Constitutional Court.
Rekonstruksi Mekanisme Seleksi Hakim Konstitusi di Indonesia Pangestu, Indah Sri; Yuliani, Dwi; Siburian, Hertaty Dorothy Dewi
Jurnal Konstitusi & Demokrasi Vol. 5, No. 2
Publisher : UI Scholars Hub

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Abstract

The mechanism for selection and election of constitutional judges in Indonesia currently still shows a diversity of procedures in each proposing institution, namely the Supreme Court, DPR and President. The process implemented does not fully reflect the principles of transparency, participation, objectivity and accountability as mandated in the Law on the Constitutional Court. Therefore, it is necessary to standardize the procedures for selection and selection of constitutional judges to ensure a more professional system and integrity. One of the solutions offered is the establishment of an independent institution responsible for the selection and recruitment of constitutional judges with a system that is more open and involves community participation. In this case, the Judicial Commission has the capacity as an institution that can carry out the selection of constitutional judges in a more transparent and accountable manner. Apart from that, as a comparison, this research also analyzes the selection mechanism for constitutional judges in Thailand, which shows that the selection system in that country involves more various stakeholders, so it is considered more inclusive and credible. Thus, the reconstruction of the constitutional judge selection mechanism in Indonesia needs to consider a more standardized and participatory model to produce judges who are professional, have integrity, and are able to maintain the independence of the constitutional justice institution. Keywords: Selection of Constitutional Judges, Judicial Commission, Indonesia-Thailand Comparison.

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