CAPITAN: Constitutional Law & Administrative Law Review
CAPITAN: Constitutional Law & Administrative Law Review, which is abbreviated as (CAPITAN: Constitutional Law Administrative Law Rev.), is a peer-reviewed media managed and published by the Center for Law and Government Studies Pattimura University. CAPITAN: Constitutional Law & Administrative Law Review publishes scientific papers in the field of law, published two times a year in June and December. The aim of this journal is to provide a place for academics, students, researchers and practitioners to publish original research articles or review articles. This journal provides direct open access to its content based on the principle that making research freely available to the public supports a greater global exchange of knowledge. CAPITAN: Constitutional Law & Administrative Law Review is available online. The languages used in this journal are Indonesian and English. The scope of the articles published in this journal discusses various issues in the fields of Constitutional Law, Administrative Law, and other sections related to contemporary issues in the field of Constitutional Law and Administrative Law.
Articles
31 Documents
<![CDATA[Perpanjangan Masa Jabatan Pimpinan Komisi Pemberantasan Korupsi Republik Indonesia Berdasarkan Putusan Mahkamah Konstitusi Nomor 112/PUU-XX/2022 ]]>
<![CDATA[Betekeneng, Anshari]]>;
<![CDATA[Nendissa, Renny Heronia]]>;
<![CDATA[Irham, Muhammad]]>
<![CDATA[ CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 2 (2024): Desember 2024 CAPITAN: Constitutional Law & Administrative Law Review ]]>
Publisher : <![CDATA[Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/capitan.v2i2.14203
<![CDATA[Review of Law No. 19 of 2019 concerning the Second Amendment to Law No. 30 of 2002 concerning the Corruption Eradication Commission. Constitutional Court Decision No. 112/PUU-XX/2022 whose decision accepts all of the applicant's requests. The Constitutional Court is not a fully democratic state institution, because the people do not directly elect the members of the court, and the term of office is more or less closely related to the domain of formulating open legal policy. The leadership of any institution in terms of extending its term of office must be carried out through the law-making council, namely the legislative body. Because officially this institution is appointed as the people's representative, including having a process of public participation. Changes to the terms of office from 4 years to 5 years, as in Law No. 30 of 2002 Article 34, during the process of changing the extension of the term of office of a state institution, it should be given to state institutions that have involvement in the process of drafting Legislative Regulations, which in turn expressly stated in the 1945 Constitution. This normative juridical research was carried out using a statutory approach, conceptual approach and case approach. In its decision, the Constitutional Court made new norms that are regulatory in nature and do not take into account the opinions of the People's Representative Council and the Government, which is an abuse of authority or is done arbitrarily and exceeds the authority of the legislators. This decision is contrary to the 1945 Constitution of the Republic of Indonesia Article 5 Articles 20 and 28 I. As a result of the Constitutional Court's decision being retroactive, problematic and subject to multiple interpretations, if there are parties who justify the decision regarding the existence of the leadership of the Corruption Eradication Commission while in office, theoretically it is feared that it will trigger another petition.]]>
<![CDATA[Aksesibilitas Penyandang Disabilitas Terhadap Fasilitas Publik ]]>
<![CDATA[Maspaitella, Semuel Valentino]]>;
<![CDATA[Piris, Hendry Jhon]]>;
<![CDATA[Tita, Heillen Martha Yosephine]]>
<![CDATA[ CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 2 (2024): Desember 2024 CAPITAN: Constitutional Law & Administrative Law Review ]]>
Publisher : <![CDATA[Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/capitan.v2i2.14729
<![CDATA[Accessibility is a crucial aspect in ensuring social inclusion and equal rights for people with disabilities. This study examines various public facilities, including transportation, government buildings, health facilities, and other public spaces, in terms of ease of access for people with disabilities. Method: The research used is normative juridical with a statutory and conceptual approach. Results: research shows that although there have been some improvements in providing accessibility, there are still many obstacles faced by people with disabilities. These obstacles include limited disability-friendly infrastructure, lack of easily accessible information, and minimal awareness of the public and policy makers regarding the special needs of people with disabilities. This research suggests the need for increased regulation and supervision, as well as active participation from all relevant parties to create inclusive and accessible public facilities for people with disabilities. In this way, it is hoped that people with disabilities can enjoy their rights fully and participate in social life without discrimination.]]>
<![CDATA[Tanggungjawab Pemerintah Daerah Dalam Melindungi Orang Dengan Gangguan Jiwa ]]>
<![CDATA[Souhoka, Vhanesya Claudya]]>;
<![CDATA[Pattipawae, Dezonda Rosiana]]>;
<![CDATA[Soplanit, Miracle]]>
<![CDATA[ CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 2 (2024): Desember 2024 CAPITAN: Constitutional Law & Administrative Law Review ]]>
Publisher : <![CDATA[Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/capitan.v2i2.15904
<![CDATA[Mental disorders make a person disrupt their function and productivity so that they can disturb their family and society. The existence of ODGJ is seen roaming the A.Y Patty street area of Ambon City. There are some who are seen wearing makeshift and incomplete clothes, talking to themselves and even sleeping on the street and ODGJ who was pasung by the family, Wai Koi, a resident of Air Salobar, Nusaniwe District, has been confined by his family for decades. This writing uses the Normative Juridical research type, with a statutory approach and a conceptual approach. The results of the study show that the Regional Government must carry out legal protection for people with mental disorders in accordance with applicable regulations, in Law Number 17 of 2023 Article 77 paragraph 1D concerning health which states that "The Central Government and Regional Governments are responsible for handling people with mental disorders who are abandoned, homeless, and threaten the safety of themselves and/or others".]]>
<![CDATA[Rekomendasi Badan Pengawas Pemilihan Umum Kepada Komisi Pemilihan Umum Dalam Menangani Pelanggaran Pemilu Pasca Penetapan Hasil Perolehan Suara Secara Nasional ]]>
<![CDATA[Baljanan, Gilbert Marc]]>;
<![CDATA[Salmon, Hendrik]]>;
<![CDATA[Lekipiouw, Sherlock Halmes]]>
<![CDATA[ CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 2 (2024): Desember 2024 CAPITAN: Constitutional Law & Administrative Law Review ]]>
Publisher : <![CDATA[Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/capitan.v2i2.16333
<![CDATA[Election administration violations, based on article 460 of the Election Law, Bawaslu has a maximum working time of 14 days to issue recommendations or decisions. Bawaslu's recommendations must be followed up by the KPU by issuing a decision letter no later than 3 days, as explained in Article 462. This problem occurs when the national vote results have been determined, then any dispute that occurs becomes the domain of the Constitutional Court. However, if a violation of election administration is found or reported, it must be followed up and decided by Bawaslu because it is based on article 454 paragraph 6 of the Election Law. The problem discussed by the author is Bawaslu's recommendation to be followed up by the KPU to change the determination of vote acquisition and the legal consequences that will be given if Bawaslu's recommendation is not followed up by the KPU. This writing uses a normative juridical research type, with a statutory regulation approach, a conceptual approach and a case approach.The research results show that regarding the legal force of Bawaslu's recommendation to change the vote tally, Bawaslu certainly has that legal force, because it is not legally prohibited. In connection with the follow-up to Bawaslu's recommendations to the KPU regarding violations of election administration, if the recommendations given by Bawaslu are not followed up by the KPU, they will be faced with various consequences, namely that the KPU can be reported by Bawaslu because it is related to the election organizer's code of ethics.]]>
<![CDATA[Kewenangan Pemerintah Daerah Dalam Penertiban Orang Dengan Gangguan Jiwa ]]>
<![CDATA[Talaksoru, Derek]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Soplanit, Miracle]]>
<![CDATA[ CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 1 (2025): Juni 2025 CAPITAN: Constitutional Law & Administrative Law Review ]]>
Publisher : <![CDATA[Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/capitan.v3i1.15710
<![CDATA[Mental disorders are conditions that require serious attention and handling by the government. Local governments have the authority to address mental health issues, but this authority still needs to be clarified and accounted for. The problem of mental disorders is a health issue that requires special and continuous handling. Local governments play an important role in ensuring effective and humane treatment of people with mental disorders (ODGJ), in accordance with applicable laws and regulations. The research method used is normative juridical. It employs problem approaches such as conceptual approaches and legal regulations approaches. The legal sources used include primary, secondary, and tertiary legal materials. The collection of legal materials is conducted through literature studies, which are then analyzed qualitatively. The research findings indicate that local governments have full authority to regulate ODGJ in public facilities; however, the implementation of policies in the field has not been optimal. This is due to the inconsistency of the government in regulating ODGJ in public facilities, a lack of trained human resources, and the negative stigma toward ODGJ in society. The study also finds that coordination among local governments, relevant agencies (such as the Social Service and Health Department), and the community needs to be improved to ensure proper and sustainable handling. Local governments also need to strengthen their capacity and coordination in the regulation and management of ODGJ.]]>
<![CDATA[Mekanisme Self Assessment System Dalam Pemungutan Pajak Penghasilan ]]>
<![CDATA[Gaspersz, Alex]]>;
<![CDATA[Nirahua, Salmon Eleazer Marthin]]>;
<![CDATA[Tita, Heillen Martha Yosephine]]>
<![CDATA[ CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 1 (2025): Juni 2025 CAPITAN: Constitutional Law & Administrative Law Review ]]>
Publisher : <![CDATA[Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/capitan.v3i1.15939
<![CDATA[This article analyzes the implementation of the self-assessment system mechanism in the implementation of Income Tax (PPh) Article 21 collection, which is collected by a third party. The aim of this research is to confirm the self-assessment system as a mechanism for collecting income tax mandated by the 1983 tax reform and implied in Article 12 paragraph (1) KUP Law. The method used in this research is normative legal with a statutory approach and a conceptual approach. The results found that the collection of Income Tax Article 21 was carried out using a withholding system mechanism which was an introduction and an integral part of the self-assessment system mechanism.]]>
<![CDATA[Kewenangan Majelis Permusyawaratan Rakyat Melantik Presiden Dan Wakil Presiden ]]>
<![CDATA[Talakua, Petra]]>;
<![CDATA[Nendissa, Reny Heronia]]>;
<![CDATA[Irham, Muhammad]]>
<![CDATA[ CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 1 (2025): Juni 2025 CAPITAN: Constitutional Law & Administrative Law Review ]]>
Publisher : <![CDATA[Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/capitan.v3i1.17959
<![CDATA[The authority of the MPR in inaugurating the President and Vice President is the only thing that is routinely done every 5 years since the amendment of the 1945 Constitution, which in its implementation tends to be merely ceremonial. Some of the MPR's constitutional powers do not yet have legal regulations, one of which is the authority to appoint the President and Vice President. So far, the appointment of the President and Vice President has only been carried out by reading the Decision from the KPU by the MPR RI leadership, leading many parties to question the legality of the MPR in appointing the President and Vice President. This research aims to analyze the plenary session process of the inauguration of the President and Vice President, regarding the authority of the MPR in inaugurating the President and Vice President as regulated in Article 3 Paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Then, this research aims to analyze the legal strength of the inauguration minutes of the President and Vice President as the legal basis for their appointment. The normative legal research method involves primary and secondary legal sources and a legislative approach that focuses on the analysis and examination of legal regulations. The researcher uses primary and secondary data collection techniques in the form of laws and legal books, expert opinions, and legal journals. This research provides input to the MPR to issue a decree in the form of a decision (beschikking) regarding the determination of the winning pairs of presidential and vice-presidential candidates in the election as the President and Vice President of the Republic of Indonesia for the next five-year term, so that the President and Vice President have a stronger legal basis in the form of an MPR decree.]]>
<![CDATA[Tanggung Jawab Pemerintah Daerah Maluku Tengah Dalam Melaksanakan Penetapan Hutan Adat ]]>
<![CDATA[Hatuluayo, Rasyid]]>;
<![CDATA[Pattinasarany, Yohanes]]>;
<![CDATA[Holle, Erick Stenly]]>
<![CDATA[ CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 1 (2025): Juni 2025 CAPITAN: Constitutional Law & Administrative Law Review ]]>
Publisher : <![CDATA[Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/capitan.v3i1.18049
<![CDATA[Forests have a very important position in indigenous communities because forests are a place of residence for the community, providing a livelihood for the community. The problem of ownership of customary land rights or customary forests is one of the main causes of forestry conflicts in Indonesia. Conflicts over recognition of customary land rights holders are very detrimental to indigenous communities. Conflicts that often occur are the uncertainty of the status of customary community rights in forest areas and the unclear boundaries of forest areas. Conflicts over ownership of these rights often put indigenous communities in a weak position. Most cases of conflict in customary forest areas have not been resolved properly to date. Based on the provisions of Law No. 23 of 2013 which is the legal basis for granting authority to the government in determining customary law communities to customary forests through regional regulations, the regional government, more precisely the Central Maluku regional government, has not carried out its responsibilities in terms of determining customary forests, because until now the Central Maluku regional government has not ratified regional regulations regarding the determination of customary law communities, the requirement for determining customary forests is customary law communities, and this recognition is stated in regional regulations which are the responsibility of the regional government.]]>
<![CDATA[Pemberhentian Ketua Mahkamah Konstitusi Tidak Dengan Hormat Dalam Lembaga Mahkama Konstitusi ]]>
<![CDATA[Rawulunubun, Ignasius]]>;
<![CDATA[Baranyanan, Soeleman Djaiz]]>
<![CDATA[ CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 1 (2025): Juni 2025 CAPITAN: Constitutional Law & Administrative Law Review ]]>
Publisher : <![CDATA[Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/capitan.v3i1.18054
<![CDATA[The dismissal of constitutional judges whose term of office has not yet expired must refer to Law Number 7 of 2020 concerning the Constitutional Court, specifically Article 23, therefore the dismissal of constitutional judges that do not refer to the Constitutional Court Law is declared unconstitutional because it is contrary to the 1945 Constitution of the Republic of Indonesia Article 24C paragraph (6) and Article 25 dismissing the Chief Justice of the Constitutional Court Anwar Usman by the Constitutional Court Honorary Council (MKMK) in Decision Number 02/MKMK/L/11/2023, is suspected of violating the Code of Ethics and Guidelines for the Conduct of Constitutional Judges. The alleged violation is based on the involvement of the Chief Justice of the Constitutional Court Anwar Usman in case Number 90/PUU-XXI/2023 which was intended to pave the way for the Mayor of Solo Gibran Rakabuming Raka who is the nephew of the Reported Judge and the son of President Joko Widodo to meet the qualifications to compete as a Presidential candidate or Vice Presidential candidate in the 2024 Simultaneous General Election. In the involvement of the reported judge, Anwar Usman is considered to have violated the Basic Principle of Justice, namely impartiality. However, the dishonorable dismissal sanction read out by the Chairman of the Constitutional Court's Honorary Council in Decision Number 02/MKMK/L/11/2023, does not comply with the sanctions contained in Article 23 of Law Number 7 of 2020 concerning the Third Amendment to Law Number 24 of 2003 concerning the Constitutional Court and Article 41C in conjunction with 47 of the Constitutional Court Regulation Number 1 of 2023 concerning the Constitutional Court's Honorary Council.]]>
<![CDATA[Tanggung Jawab Pemerintah Terhadap Keamanan Data Diri Warga Negara Indonesia ]]>
<![CDATA[Nainggolan, Riska Putri Yesika]]>;
<![CDATA[Tjiptabudy, Jantje]]>;
<![CDATA[Matitaputty, Merlien Irene]]>
<![CDATA[ CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 1 (2025): Juni 2025 CAPITAN: Constitutional Law & Administrative Law Review ]]>
Publisher : <![CDATA[Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/capitan.v3i1.18137
<![CDATA[Personal data is a human right protected by the constitution. Protection of personal data of Indonesian citizens is still weak, causing an increase in many cases of data leaks that are exploited by irresponsible parties. Protection of personal data in Indonesia is still sectoral, based on the authority granted by regulations governing personal data. The absence of specific regulations governing the protection of personal data causes frequent data leaks. The Ministry of Communication and Information has the authority to maintain personal security in Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, which gives the Ministry of Communication and Information the authority to supervise the implementation of electronic systems and transactions. The government's responsibility has been regulated in Article 58 paragraph 1 of Law Number 27 of 2022 concerning Protection of Personal Data, which states that "The government plays a role in realizing the implementation of personal data protection in accordance with the provisions of the law." The forms of efforts made by the government regarding the protection of its citizens' personal data are in the form of increasing system security, conducting security supervision, providing security certification, security auditors, cooperation with the security industry and the government has the authority to require violators to inform the public or related parties of the violation. Additional types of administrative sanctions may include written warnings, temporary suspension of personal data processing activities, deletion or destruction of personal data, and/or financial fines.]]>
