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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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Hak Memilih Bagi Anggota Tentara Nasional Indonesia: Studi Komparasi Hak Memilih Anggota Angkatan Bersenjata di Beberapa Negara Sugeng, Adjdam Riyange Zulfachmi
Jurnal Konstitusi & Demokrasi Vol. 1, No. 2
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Abstract

The right to vote is the characteristic of democracy, which is to elect representatives who make, amend, and repeal a law. Without that right, there is no form of transfer of power from people to the government. But in practice, there are restrictions on that right, that is limitation of the right to vote on active members of Indonesian National Armed Forces (TNI). Type of legal research is normative juridical, comparison of law and legal history. The basis for this regulation of right to vote for members of TNI is maintaining the neutrality of TNI. While there are several forms of regulation of the right to vote for members of the armed forces, namely by giving full right, giving the right partially, and not giving the right, and making arrangements through two ways, namely listed on constitution or listed on law that is not constitution, like statute.
Hukum Tata Negara Adat Minangkabau dan Aceh dalam Bingkai Negara Kesatuan Republik Indonesia Hudiana, Raihan
Jurnal Konstitusi & Demokrasi Vol. 1, No. 2
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Abstract

As the state's fundamental law, the constitution is a legal document that regulates the general provisions of reference for making more specific laws and regulations. The birth of a constitution stems from the shared consensus of a nation that contains the distinctive values of its people, including those in Indonesia. Indonesia has various kingdoms with a long history in each region that is part of it, including Aceh and Minangkabau. The condition of the two regions with a long history of civilization has led to customary constitutional law based on prevailing values. The validity of customary law raises questions about its legitimacy, considering that the 1945 Constitution as the state's fundamental law already exists. So, these problems will describe using normative juridical research methods based on favorable regulations and expert opinions. This research produces findings that customary governance law can preserve within the framework of the Unitary State of the Republic of Indonesia (NKRI) through Article 18B of the 1945 Constitution of the Republic of Indonesia, which recognizes its existence. This recognition does not mean that it applies in the aspect of positive law but instead applies as a social institution that exists in society.
Perkembangan Pengaturan Tindakan Afirmasi Perempuan Pada Dewan Perwakilan Rakyat Republik Indonesia Naqiyyah, Ishmah
Jurnal Konstitusi & Demokrasi Vol. 1, No. 2
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Abstract

This research discusses the development of affirmative action arrangements to increase women's representation in the DPR RI and how the implementation of these arrangements since the beginning of affirmative action was applied in 2004 until the last time affirmative action for the DPR was applied, namely in 2014. The research method used is normative juridical with a legal history approach. The discussion begins by analyzing affirmative action in the Political Party Law, the General Election Law for Members of the DPR, DPD, and DPRD, and the Law on the People's Consultative Assembly, the House of Representatives, the Regional Representatives Council, and the Regional Representatives Council. In addition, this study will discuss the law's implementation by analyzing the implementation of regulations. The results of this study show that there are two forms of affirmative action for women to enter the DPR RI, namely through political party quotas and quotas in the legislative nomination process. Every period of filling the position of the DPR, the regulations regarding affirmative action for women constantly change. However, these changes have yet to increase women's representation in the DPR RI significantly.
Badan Pengkajian Ideologi Pancasila dalam Perspektif Hukum Tata Negara Gaol, Dora Nina Lumban
Jurnal Konstitusi & Demokrasi Vol. 1, No. 2
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Abstract

The development of state institutions experiences dynamics in accordance with the need to exercise state power. One of the needs that is considered important by decision makers is the importance of fostering the ideology of Pancasila to all state administrators which ended in the creation of newstate institutions called Pancasila Ideology Guidance Agency (BPIP). The existence of this institution became something debatable s from the most basic: the urgency of fostering ideology in Indonesia. Pros and cons were also born related to the position, duties, and functions as written in Presidential Regulation Number 7 Year 2018 about the Pancasila Ideology Guidance Agency. Differences views regarding its relationship with other state institutions also became an issue in the study of Constitutional Law. With normative juridical research, this study aims to explain the position and authority of the Pancasila Ideology Guidance Agency in the constitutional system in Indonesia. The author also examines the potential for overlapping with other state institutions regarding their duties and functions. As an enrichment the author brings an example of the views of the constitutions of several countries related to ideology.
Menyoal Pengawasan Dewan Perwakilan Rakyat terhadap Independensi Pembentukan Peraturan Komisi Pemilihan Umum Yobel, Teddy Handiar
Jurnal Konstitusi & Demokrasi Vol. 1, No. 2
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Abstract

This paper talks about General Elections Commission independence concept within General Elections Commissions establishment as a part of People Representative Council supervision. The main goal is to search the right stance following the debate of General Elections Commission independence. After the answer emerges, the discovery from the research paper can become reference regarding the answer about General Elections Commissions debate in term of forming General Elections Commission regulations. Specifically, the big question that could be answered from this research is whether General Elections Commission independence disturbed with the consultation obligatory within General Elections Commission regulations establishment? By way of normative, historic, comparative observation that in line of constitutional theory, the writer take a conclusion that General Elections Commission obligatory consultation within General Elections Commission regulations establishment is not disturbing General Elections Commission independence as long the consultation itself is not obstructing and not binding.
Kerangka Praktik Kenegaraan dalam Narasi Apriori Pembangunan Berkelanjutan sebagai Hak Konstitusional: Sentralisasi Pendekatan Ekosentris dalam Melawan Kenisbian Utilitas Pendekatan Antroposentris Ifdal, Abdurrahman Al-Fatih
Jurnal Konstitusi & Demokrasi Vol. 2, No. 2
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Abstract

Sustainable development is a colossal narrative of state elites to institutionalize the right to development which, instead of being oriented towards harmonization of development efforts with efforts to protect the environment, is actually based on human interests. The inherent causality of this effort has an impact on systemic environmental damage in various countries. When the environment is no longer able to recover itself according to the timeline of meeting the needs of human civilization, an ambitious approach such as ecocentrism needs to be used as a counter-narrative to the anthropocentrism approach which tends to be relative: it looks useful, but in fact it is not. This study argues that sustainable development no longer shows its relevance when the earth's situation has entered a crisis stage: the environment is no longer able to keep up with the destructive demands of human fulfillment and continues to increase at an accelerating pace. Furthermore, the focus of this research is thus to question the relevance of sustainable development which was sparked by an a priori narrative, namely a narrative centered on the presupposition that environmental protection is aimed at fulfilling the interests of the development of human civilization. In the condition of the earth that has experienced the current crisis, setting standards that are higher than the status quo for mitigating and adapting to climate change may still be lacking in preventing crises on earth. Reflecting on the above, this research seeks to offer a new paradigm in transforming an ecocentric approach by reflecting on state practices that are recognized at the international level. With this paradigm transformation, the anthropocentric approach can be overhauled in order to accommodate the current earth crisis situation.
Independensi Penegak Hukum Dan Pengawasan Preventif Dalam Penegakan Hukum Di Komisi Pemberantasan Korupsi Pasca Putusan Mahkamah Konstitusi Nomor 70/PUU-XVII/2019 Manalu, Aimi Solidei; Siahaan, Samuel Fajar Hotmangara Tua
Jurnal Konstitusi & Demokrasi Vol. 2, No. 2
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Abstract

In 2021, the Constitutional Court issued Decision Number 70/PUU-XVII/2019, partially granting the petitioner's request for judicial review. The content of the decision includes emphasizing the independence of the Corruption Eradication Commission (KPK) and confirming the position of the Corruption Eradication Commission Supervisory Board in the Corruption Eradication Commission's law enforcement structure. However, following the issuance of the verdict, there are several imperfect legal gaps related to the position of the Corruption Eradication Commission. These legal gaps relate to the extent of the independence of the Corruption Eradication Commission when linked to the independence of the judicial power, as the Corruption Eradication Commission has been declared an institution related to the judicial power. In addition, the position of the Supervisory Board of the Corruption Eradication Commission is related to law enforcement in the Corruption Eradication Commission and the legal gap of absolute power in KPK wiretapping and seizure.
Etika Hakim dalam Kehidupan Sehari-hari: Penggunaan Media Sosial oleh Hakim di Indonesia Surbakti, Farrel Eden
Jurnal Konstitusi & Demokrasi Vol. 2, No. 2
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Abstract

With the development of technology which is rapidly making the community easier in communicating and searching for information such as social media. Social media itself has different characteristics and types and has advantages and disadvantages. The use of social media does not look at a person's status such as age, gender, religion, or profession. At this time many judges use social media to communicate and search for information and interact with the community. Judges in carrying out their obligations as bearers of the legal profession are framed by an institutional institution that is formulated into a code of ethics for the professional profession of judges. Judges within the Supreme Court and lower judicial bodies are bound by the Code of Ethics and the Code of Conduct for Judges (KEPPH) as outlined in the Joint Decree of the Chief Justice and Chair of the Judicial Commission in 2009. Indonesian judges are not prohibited from using social media but the use of social media by judges can raise very important questions because the way judges use social media can influence people's trust in judges in court. In KEPPH there are no rules or ways for judges to use social media. So the judge is unconsciously still bound by KEPPH when using social media. At this time there are still judges who violate KEPPH in using social media. In various countries such as Canada, Rhode Island and UN organizations have made rules and ways for judges to use social media properly and correctly so as not to reduce the public's trust in judges. Therefore, this research was conducted aiming to help the Supreme Court and the Judicial Commission to be able to make regulations or guidelines against judges in using social media, as well as judges to be able to use social media properly and correctly
Pelaksanaan Sistem Pengawasan Hakim Konstitusi di Indonesia Mustopa, Al Amin Syayidin Ali
Jurnal Konstitusi & Demokrasi Vol. 2, No. 2
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Abstract

The supervision system for constitutional judges in Indonesia based on the 1945 Constitution and Law 24/2003 explicitly involves two forms of supervision, namely internal supervision by the Honorary Council and external supervision by the Judicial Commission. The supervisory system finally changed after the Constitutional Court Decision Number 005 / PUU-IV / 2006. After this decision, the supervision system for constitutional judges in Indonesia underwent a substantial change in the form of supervision that eliminated external supervision. The existing internal supervision system often changes in accordance with the current statutory regime and implementing regulations. Changes related to the existing internal supervision system are a reaction in order to optimize the enforcement of the supervisory system related to suspected ethical violations committed by constitutional judges. Thus, the form and mechanism of enforcement of the constitutional judge supervision system also has an equally important role in relation to the current constitutional judge supervision system. Therefore, this study aims to explain the supervision system of constitutional judges in accordance with the prevailing laws and regulations in Indonesia and provide an analysis of the implementation of the supervision system applied to constitutional judges in Indonesia during the establishment of the Constitutional Court. This research is a normative juridical research using qualitative methods through statutory studies, case studies, and comparative studies. Based on the analysis conducted, it is concluded that the supervisory system for constitutional judges applied in Indonesia is an internal supervision system enforced by the Ethics Council and the Honorary Council as regulated in the laws and regulations of the constitutional court. Then, regarding the implementation of the internal control system, the enforcement of ethical violations committed by constitutional judges can be divided into three periods with the supervisory agency and the enforcement mechanism in accordance with the rules of the constitutional court in effect at that time. Nonetheless, in relation to the supervision system for constitutional judges and its enforcement, it can still be optimized considering the frequent changes in the supervision system so that supervision becomes less effective and the supervisory institution is not strong in terms of both the institution and authority.
Menilik Peran Dewan Perwakilan Daerah dalam Pembangunan Daerah Provinsi Jawa Barat dan Daerah Khusus Ibukota Jakarta Fikri, Muhammad Dzulfikar
Jurnal Konstitusi & Demokrasi Vol. 2, No. 2
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Abstract

The Regional Representative Council (DPD) as a regional representative institution that has a character of representation based on regions is essentially a character of broader representation of the DPR, because the dimension of representation is based on all the people contained in these regions. DPD as a new state institution after the amendment to the 1945 Constitution was initially expected to realize a bicameral system, as a representative body of the people, the DPD has functions as regulated in the 194 5 Constitution. These functions are legislative functions, functions budget, and consideration functions. However, according to the Indonesian constitutional system the authority of the DPD is still very limited. All tasks and authorities of the DPD are limited to aspects that are closely related to the region. In carrying out its role and function as the second chamber in the Indonesian bicameral system, the Regional Representative Council is considered to have some weaknesses. including in terms of accommodating the aspirations of the region and the ineffectiveness of the role of the Regional Representative Council in carrying out all functions that have been given to the DPD by the 1945 Constitution. These constraints have an impact not only at the central level but also at the regional level. The limitations of the DPD also have an impact on regional development and national development.

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