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Res Publica: Jurnal Hukum Kebijakan Publik
Published by Universitas Sebelas Maret
ISSN : 19787367     EISSN : 28098048     DOI : https://doi.org/10.20961/respublica.v8i3.85425
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Res Publica: Jurnal Hukum Kebijakan Publik is a peer-reviewed journal published by Constitutional Law Department, Faculty of Law, Universitas Sebelas Maret three times a year in April, August, and December. This Journal aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning constitutional law and democracy. It provides immediate open access to its content on the principle that making research freely available to public support a greater global exchange of knowledge. Published exclusively in English and / or Bahasa Indonesia (will be considered), the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. Novelty and recency of issues, however, is a priority in publishing. The scope of the articles published in this journal deal with a broad range of topics in the fields of constitutional law and democracy. Res Publica is an open access journal which means that all content is freely available without charge to the user or his/her institution (for libraries or individual). Users (for libraries or individual) are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 170 Documents
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Implementasi Peran Badan Pengawas Pemilu terhadap Penegakan Tindak Pidana Pemilu (Politik Uang) pada Penyelenggaraan Pemilu Tahun 2019 di Kabupaten Purworejo Indriany, Wiwin; Achmad, Achmad
Res Publica: Jurnal Hukum Kebijakan Publik Vol 5, No 2: MEI-AGUSTUS
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v5i2.58457

Abstract

ABSTRACTThis study examines the Implementation of the Role of the Election Oversight Body (Bawaslu) Towards Election Crime Enforcement (Money Politics) in Organizing the 2019 Elections in Purworejo Regency. This research is an empirical legal research. The nature of this research is descriptive research. Data collection techniques used were interviews and qualitative data analysis. The results of the study describe the implementation of the role of the Election Oversight Body (Bawaslu) of Purworejo Regency in the enforcement of the election (money politics) criminal acts in the 2019 elections as well as the obstacles faced by the Election Supervisory Body (Bawaslu) of Purworejo Regency during the enforcement of election criminal acts (money politics) in elections in 2019.Keywords : election supervisory body; election crime; money politics.
EKSISTENSI OTORITAS JASA KEUANGAN SEBAGAI LEMBAGA NEGARA INDEPENDEN (STUDI KASUS TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 25/PUU-XII/2014) Isharyanto, Isharyanto; Laxamana, M.R.F. Izzata
Res Publica: Jurnal Hukum Kebijakan Publik Vol 1, No 3 (2017): September-Desember 2017
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v1i3.46902

Abstract

The state of Indonesia is a country that adheres to the principle of Pancasila. The principle of Pancasila is a concept that focuses more on mutual cooperation or kinship. Reflected through the sound of the Pancasila Five Precepts is “Social Justice for all Indonesian people.” In the DECISION OF THE CONSTITUTIONAL COURT OF THE NUMBER 25 / PUU-XII / 2014, several articles of both parties have been enacted on the article of OJK itself, and then there are several arguments or considerations which are included in the Constitutional Court itself. The legal consequences of the Constitutional Court Decision Number 25 / PUU-XII / 2014 are the amendments to article 1 number 1 of the OJK Law, namely the abolition of the word “free from the interference of other parties”, and let the word stand alone. Article 1 Sub-Article 1 of the OJK Law meanjadi “Financial Services Authority, hereinafter abbreviated OJK, is an independent institution, which has the functions, duties, and authority of regulation, supervision, examination and investigation in this law.”
Implementasi Peraturan Daerah Kabupaten Klaten Nomor 28 Tahun 2018 tentang Perlindungan Anak Terhadap Anak Yatim Piatu Akibat Covid-19 di Kabupaten Klaten Danendra, Muhammad Ichsan; Achmad, ,
Res Publica: Jurnal Hukum Kebijakan Publik Vol 6, No 1: JANUARI-APRIL
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v6i1.60510

Abstract

This research aimed to find out about how the implementation of Klaten Regency Regional Regulation No. 28 of 2018 on Child Protection of orphans due to Covid-19 in Klaten Regency, especially in fulfillment of basic needs such as health, education, and food, also how the obstacles experienced by the Klaten Regency Government in providing protection to orphans due to Covid-19. This research was empirical legal research and descriptive research with a qualitative approach. The types and sources of data used in this study include primary data was obtained in several services included the Social Service of Women Empowerment and Child Protection, Population Control and Family Planning, and the Education Office and also the secondary data. From the results of this research, it can be concluded that the provision of protection for orphans, Covid-19 related to the implementation of Klaten Regency Regional Regulation No. 28 of 2018 on Child Protection has been guaranteed its basic rights. These rights included educational, health, and food needs. The obstacles experienced by the Klaten Regency Government in providing protection for due to Covid-19 include the communication flow between stakeholders in providing protection for these children is too long, the target group has diverse backgrounds, as well as the socio-economic conditions of the group target comes from vulnerable families. 
PROBLEMATIKA HILANGNYA HAK PILIH WARGA NEGARA YANG DITIMBULKAN PASAL 348 AYAT (9) UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILU DALAM MENGHADAPI PELAKSANAAN PEMILIHAN UMUM SERENTAK 2019 Kusuma K., Ignasius Abdi; Firdaus, Sunny Ummul
Res Publica: Jurnal Hukum Kebijakan Publik Vol 3, No 3 (2019): September - Desember 2019
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v3i3.45651

Abstract

Writing this law is about the Problems of Loss of Citizens’ Voting Rights caused by Article 348 Paragraph (9) Act No. 7 Year 2017 concerning General Elections in the implementation of the 2019 Concurrent Election. The type of research that the author uses in compiling this legal research is normative legal research which is prescriptive and applicable. The aprroach that used is the statute approach. The sources of legal material used are primary legal material and secondary legal material. The legal material analysis technique used by the author is a law with a deduction method. Based on the results, the author assumed that Article 348 Paragraph (9) which require electronic KTP as an absolute requirement for voters to deliver their right to vote have caused problems for voters who do not have electronic ID cards. There is a Decision of the Constitutional Court No.20/PUU-XVII/2019 which states that the use of a certificate can be used as an alternative document to replace electronic KTP for those who do not have an electronic ID card.
SISTEM GROSS SPLIT DALAM KONTRAK PERTAMBANGAN MENURUT PASAL 33 UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Wicaksono, Bimo Suryo; Husodo, Jadmiko Anom
Res Publica: Jurnal Hukum Kebijakan Publik Vol 2, No 2 (2018): Mei - Agustus 2018
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v2i2.45530

Abstract

This article aimed to analyze and to study the Minister of Energy, Resource, and Mineral’s Regulation Number 08 of 2017 about Gross Split in relation to Article 33 of 1945 Constitution. This normative law research was descriptive –analytical in nature. Technique of collecting data used was library study by examining documents and literatures used in this research. Technique of analyzing data used was normative qualitative one, studying by means of interpreting and constructing statement existing in legislation document. The result of research showed that gross split scheme in Minister of Energy, Resource, and Mineral’s Regulation Number 08 of 2017 was compatible to Article 33 of 1945 Constitution. Article 2 clause (1) of Minister of Energy, Resource, and Mineral’s Regulation Number 08 of 2017 governed that the ownership of natural resource remained to be on government’s hand until transfer period. In gross split profit sharing contract system, petroleum, gas, and natural resource belonged to State until transfer period; thus production profit sharing approved in the contract would be conducted in transfer period. Gross split could give more profit to the state because government should no longer reimburse contractor operating cost included into State Income and Expenditure Budget (APBN) so far. 
ANALISIS KEWENANGAN MAHKAMAH KONSTITUSI DALAM MEMBUAT PUTUSAN YANG BERSIFAT POSITIVE LEGISLATURE Jadmiko, Jadmiko; Iswari, Dyah
Res Publica: Jurnal Hukum Kebijakan Publik Vol 1, No 1 (2017): Januari-April 2017
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v1i1.46721

Abstract

This article aims to analyze the authority of the constitutional court as a judicial institution in issuing a decision that is a positive legislature to study the Constitutional Court's Decision Number 102 / PUU-VII / 2009. Constitutional Court in conducting judicial authority acting as a norm eraser. This research is a normative prescriptive. The research’s results indicate that the Constitutional Court’s Decision Number 102 / PUU-VII / 2009 is one type of decision that is a positive legislature issued by the Constitutional Court. Of the Constitutional Court’s Decision Number 102 / PUU-VII / 2009, the positive legislature lies in the ruling that declared, the provisions  of  an  article examined is constitutional if accordance with what is intended by the Constitutional Court. A decision with the interpretation as a positive legislature made by the Constitutional Court aims to avoid a legal vacuum.
ANALISA PUTUSAN MAHKAMAH KONSTITUSI NO. 97/PUU-XIV/2016 TERKAIT PENCANTUMAN ALIRAN KEPERCAYAAN PADA KOLOM AGAMA KARTU TANDA PENDUDUK DAN KARTU KELUARGA Nugroho, Faiz Ridho; Madalina, Maria
Res Publica: Jurnal Hukum Kebijakan Publik Vol 3, No 2 (2019): Mei - Agustus 2019
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v3i2.45634

Abstract

This study aims to find out whether the judicial panel’s judgment on the decision of the Constitutional Court No.97 / PUU-XIV / 2016 has been in accordance with the principles of the laws and regulations in force in Indonesia. At the dogmatic level of law, something is a legal issue if the matter relates to the relevant legal provisions and facts faced. reviewed from the legal facts of the inclusion of the traditional belief in the religious columns of the Civil Identity Cards and Civil Family Cards in the demographic administration law; and the arrangement of religion and the flow of trust in the laws and regulations.This research is prescriptive where in view of its purpose, this research includes normative or doctrinal law research. The sources of legal materials used in this study are primary legal materials, secondary law materials and non-law materials. Technique of collecting data used is study of document or book material and interview. Data analysis technique used is deductive.The results of the study show that the verdict of the Constitutional Court No.97 / PUU-XIV / 2016 relating to the traditional beliefs in the columns of religious civil identity cards and civil family cards has not been in accordance with the principles of the 1945 Constitution and existing legislation.
PELAKSANAAN UU NOMOR 6 TAHUN 2014 TERKAIT DENGAN KEWENANGAN KEPALA DESA DALAM PELAKSANAAN OTONOMI DESA DI DESA JATISOBO KECAMATAN POLOKARTO KABUPATEN SUKOHARJO Giovera, Nurulita Anggi; Madalina, Maria
Res Publica: Jurnal Hukum Kebijakan Publik Vol 7, No 1: April
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v7i1.47981

Abstract

This study aims to analyze and examine the authority of the head in the implementation of village autonomy as well as supporting and hindering factors in its implementation, especially in Jatisobo Village according to Law Number 6 of 2014. This research is an empirical legal research by taking empirical facts obtained from interviews and village supervision. live. Empirical research is also used to store the results of human behavior in the form of physical inheritance and, the types and sources of data used are primary data and secondary data. The nature of the research used is descriptive qualitative research using the constitutional approach, the case approach, the historical approach, and the conceptual approach. The technical analysis of legal materials used in this research is deduction using the syllogistic method, namely the analysis of legal materials prioritizes logical thinking so as to find the causes and effects that will occur. The results show that the implementation of village autonomy in Jatisobo Village has been very good, it can be seen from the implementation of the Jatisobo Village government which is already oriented towards community development and empowerment, which has been supported by good supporting factors in terms of human resources and community participation in achieving village development that is independently.
ANALISIS PEMBUBARAN PARTAI POLITIK OLEH MAHKAMAH KONSTITUSI Hidayat, Bagaskara Rahmat; Madalina, Maria
Res Publica: Jurnal Hukum Kebijakan Publik Vol 8, No 3 (2024): Desember
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v8i3.90012

Abstract

Since this authority was given to the constitutional court, the Constitutional Court itself has never tried a case regarding the dissolution of a political party. Seeing this situation, there is an assumption that authority is useless, which is considered reasonable considering the cases of KKN that mostly happen to a political party, but because of the pretext that the "ideology" of political parties is in line with Pancasila, it is not followed up. Another problem also arises in the Act on the procedure for dissolving political parties which specializes only certain people who can become applicants, namely the government, the urgency to overcome this problem can be seen that it is the support of political parties that makes most of the "government" categories able to occupy their positions. The approach method used in this study is a normative juridical approach, because the problem to be studied has to do with the authority of the Constitutional Court and the philosophical, juridical, and sociological basis of the position and authority of the Constitutional Court in the dissolution of political parties in Indonesia. From a juridical perspective, of course, it is explained how the procedure for the dissolution of a political party is explained, in practice it cannot be said to be in line, nor can it be said otherwise, given that this authority has not been used. Another perspective also looks at the reasons the constitutional court has not tried cases related to the dissolution of political parties.
GAGASAN PEMBADANAN PENGUJIAN PREVENTIF KE DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA (PERBANDINGAN DENGAN CONSEIL CONSTITUTIONNEL DE LA RÉPUBLIQUE FRANÇAISE) Sukmawati, Irma Oktavia; Isharyanto, Isharyanto
Res Publica: Jurnal Hukum Kebijakan Publik Vol 2, No 1 (2018): Januari - April 2018
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v2i1.45500

Abstract

This research aims to analyze how the implementation of judicial preview in the French Constitutional Council. Furthermore,, the author also examine what matters that implicate the acceptance of the idea of judicial preview when implanted into the constitutional system of the Republic of Indonesiaby examine and develop a mechanism to check list or a system applied in French Constitutional Council named judicial preview. To ensure that it each law making process in accordance with the constitution so that decreasing the number of judicial review in the Constitutional Court In this research, a method use normative juridical by using statute approach, and comparative approach. From the research explores a judicial preview mechanism in Constitutional Court to verify the value of constitutionality a draft law, so that the embodying of judicial preview mechanism in the constitutional system of the Republic of Indonesia is embodied as an authority and additional mechanism for Indonesian Constitutional Court.

Page 16 of 17 | Total Record : 170

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