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Jurnal Konstitusi dan Demokrasi
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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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Pengembalian Fungsi Pengawasan Pemilu Kepada Masyarakat Sebagai Wujud Penyelenggaraan Pemilu Yang Demokratis Dinaka, Burhan Robith; Arsil, Fitra
Jurnal Konstitusi & Demokrasi Vol. 3, No. 1
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Abstract

Elections as a means of implementing people's sovereignty which are held directly, publicly, freely, confidentially, honestly and fairly within the territory of the Unitary State of the Republic of Indonesia which are based on Pancasila and the 1945 Constitution of the Republic of Indonesia also mandate a model of election supervision through Bawaslu as the election organizing institution whose task is to observe, review, inspect and assess the election implementation process so that it runs in accordance with the provisions of applicable laws and regulations. The ongoing strengthening of positions, duties, functions and authority within Bawaslu has left a number of problems. On the other hand, active involvement in the role of the community as owners of sovereignty is also an inseparable part in the realization of holding democratic elections. This research aims to examine the urgency and model of election supervision carried out by the community. In studying this problem, this research uses qualitative research methods with research results in the form of prescriptive normative analysis. In this research, it was concluded that massive civil society participation in overseeing elections must continue to be pursued. One of them is by providing guarantees of the availability of funds obtained by each election monitoring actor to carry out their duties and functions as election observers. Meanwhile, Bawaslu can focus on enforcing election law. Burhan Robith Dinaka, University of Indonesia Fitra Arsil, University of Indonesia Keywords: electoral justice, electoral monitoring, electoral observation
Analisis Pengaturan Ambang Batas Pencalonan Presiden Menurut Putusan Mahkamah Konstitusi Tahun 2022-2023 Soeoed, Mochamad Rizky
Jurnal Konstitusi & Demokrasi Vol. 3, No. 2
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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
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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
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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
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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.
Pendewasaan Demokrasi Melalui Upaya Revitalisasi Lembaga Yudikatif Dalam Pembentukan Badan Peradilan Khusus Pemilihan Kepala Daerah Haq, Zul Amirul
Jurnal Konstitusi & Demokrasi Vol. 3, No. 1
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Abstract

General elections for regional heads are one of the democratic parties that involve the community directly to elect their leaders. Regional head general election is a political event to determine who the Governor, Mayor and Regent will lead the area. So that in its implementation it is inseparable from various kinds of legal issues which result in a political dispute that must be resolved properly and correctly. The settlement of election disputes, which so far is still gray in nature, will give rise to prolonged ambiguity. So that an effort is needed to revitalize the judiciary as a special judiciary body for regional elections as a manifestation of the country's seriousness in strengthening democracy
Problematika Kewenangan Penyelesaian Sengketa Pilkada: Antara Kepastian Hukum Dan Inkonsistensi Sari, Winda
Jurnal Konstitusi & Demokrasi Vol. 3, No. 1
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Abstract

This article examines two main issues. First, the position of regional head elections (pilkada) in the general election regime. Second, the ideal institution in handling disputes over election results. The research method used is doctrinal, with statutory and conceptual approaches. The results of the study show that the implementation of regional elections is based on the provisions of the 1945 Constitution of the Republic of Indonesia and Law Number 1 of 2015. By reason of its presence as a manifestation of popular sovereignty; periodic elections; the use of direct, general, free, confidential, honest and fair principles in practice; minutes of the Ad hoc session of the formation of Article 18 of the Constitution; and the organizer of the elections is the general election commission, the elections are part of the electoral regime. Thus, despite the inconsistency in interpreting the election regime, the Constitutional Court (MK) is the ideal institution to resolve disputes over election results. Due to two main reasons, namely the constitution mandates the examination of disputes over election results to the Constitutional Court and in terms of practice, from 2008 to 2022 the Constitutional Court can consistently decide disputes over election results.
Menggagas Pembatasan Dipilihnya Kembali DPR, DPD, Dan DPRD di Indonesia Fitriyani, Desi
Jurnal Konstitusi & Demokrasi Vol. 3, No. 1
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Abstract

The term of office of the DPR, DPD, and DPRD has not been limited to the possibility of re-election. This means that those who have served have the opportunity to continue to serve for life as long as they are re-elected through elections. This tenure arrangement has also been brought to the Constitutional Court several times because it is considered contrary to the constitutional rights of citizens. However, it has never been granted by the Constitutional Court. The purpose of this research is to find an ideal idea related to the limitation of the possibility of re-election of members of the DPR, DPD, and DPRD in Indonesia. The type of research used is doctrinal legal research. The results show that the limitation of the possibility of re-election of members of the DPR, DPD, and DPRD has its own advantages and disadvantages. For this reason, it is necessary to limit the possibility of re-election relatively, namely 2 (two) consecutive terms of office but not too strict by opening up opportunities to re-serve as long as they have passed a 5 (five) year gap. This is to reduce the potential for abuse of power and to provide opportunities for citizens to be elected and to vote.
Sistem Penyederhanaan Kepartaian Dalam Konstitusi Negara-Negara Presidensial Multipartai Dan Pengalaman di Indonesia Tri Lestari, Shinta
Jurnal Konstitusi & Demokrasi Vol. 3, No. 1
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Abstract

This article is to find out the arrangement of political parties in the constitution of several multi-party presidential countries which lead to simplification of the party system to be compared with the simplification of the party system in Indonesia based on experience and design based on four classifications of party simplification related to the electoral system, parliamentary thresholds, coalitions. and the dissolution of political parties. By using normative juridical research methods through secondary data, 79 countries with a presidential system of government were found, 20 of which were multi-party presidential countries whose constitution contained four classifications of party simplification systems. The constitutions of Chile, Georgia and Suriname include electoral systems. The constitutions of Cyprus, Georgia, Mexico and Panama provide for parliamentary thresholds. The constitutions of 14 countries regulate restrictions on activities up to the dissolution of political parties. Indonesia includes provisions that have an impact on simplifying parties in the constitution, namely regarding coalitions and the dissolution of political parties as the authority of the Constitutional Court. The simplification of parties itself is a design determined by the state through restrictions in Article 28J paragraph 2 of the Constitution of the Republic of Indonesia. Although this Article cannot be applied directly as a justification for the simplification of political parties in Indonesia, the spirit or spirit of the 1945 Constitution of the Republic of Indonesia can still be used as justification for the simplification of political parties through four classifications as found in the constitutions of other countries as comparison material for future design decisions. suitable for application in your own country.
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
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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.

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