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INDONESIA
Jurnal Konstitusi
Published by Universitas Widyagama
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Core Subject : Social,
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Articles 43 Documents
KAJIAN PENEGAKAN HUKUM PASCA PEMILIHAN KEPALA DAERAH (Mempertanyakan Komitmen Pemenang Pilkada dalam Penegakan Hukum dan Pemberantasan Korupsi di Daerah) Zulkarnain, Zulkarnain
Jurnal Konstitusi Vol 3, No 2: November 2010
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Law enforcement in the process of local head elections often becomes a moment platform for the candidates as a strategy to be winners. But, after the election, the law enforcement is hard to do. The winner chooses to be  passive to the law violation made by his ‘political friend” and repressive to his ‘opponents’ and the low status.  There are many law violations that cannot be completely solved since the violators are his or her team during the election. This often happens when the violators are his or her donators. Therefore, law enforcement is coopted by political requite and
NILAI-NILAI PANCASILA SEBAGAI FALSAFAH PANDANGAN HIDUP BANGSA UNTUK PENINGKATAN KUALITAS SUMBER DAYA MANUSIA DAN PEMBANGUNAN LINGKUNGAN HIDUP Nugroho, Iwan
Jurnal Konstitusi Vol 3, No 2: November 2010
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Pancasila as the nation´s view of life need to be implemented in a real life. This has been implemented by the founding fathers through a hard work and struggle resulting in the independence of Indonesia. At present, the values of Pancasila philosophy is very important to produce quality human beings, who have a strong character in spirituality, self confidence, and high work ethic to support national development. This paper attempts to describe it through the improvement of human resources in the environmentally sustainable development. At the level of state administrators, the high quality of human resources is shown in the formulation of regulations or policies in strengthening the functions of state institutions, local autonomy and natural resource management. At the level of economic actors or society, quality human resources is in line with the increase of economic welfare in the field of urban development, ecotourism and infrastructure. These high quality of human resources are responsible to realize prosperity in enhancing human dignity as a nation.
PERSPEKTIF FUTURISTIK PANCASILA SEBAGAI ASAS/IDEOLOGI DALAM UU KEORMASAN Ibrahim, Anis
Jurnal Konstitusi Vol 3, No 2: November 2010
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The 1983 law on mass organization states that each mass organization shall use Pancasila as the only organization basis is not effective anymore. This ineffectiveness is due to the silence in talking about Pancasila under perspective in solving the problems of the nation and to the reluctance of the government to enforce Pancasila as the only basis for mass organizations. Therefore, it is time to amend it by adopting the 2008 law on political parties, especially those dealing with the position of Pancasila as a basis that enables mass organizations to adopt other basis with stipulation that the  adopted basis should not be in contradiction to the Pancasila ideology
POLITIK HUKUM PERLINDUNGAN LAHAN PERTANIAN DAN HAK ASASI PETANI SEBAGAI INSTRUMEN MEWUJUDKAN KETAHANAN PANGAN BERKELANJUTAN DI INDONESIA Sirajuddin, Afwit Freastoni dan
Jurnal Konstitusi Vol 3, No 2: November 2010
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The legal politic of protecting Sustainable Food Agricultural Land as an effort to prevent the conversion of wet land and to protect the farmers’ rights is difficult to do. However, the real effort is to establish a set of firm regulations. In some contexts, there are still some weaknesses in the policies made by the government in maintaining the land. Moreover, in its implementation, potential conflicts of interests between local governments that base their reasons on local autonomy and the central government that intends to protect food agricultural lands may happen. The legal politic of protecting Sustainable Food Agricultural Land as an effort to prevent the conversion of wet land and to protect the farmers’ rights is difficult to do. However, the real effort is to establish a set of firm regulations. In some contexts, there are still some weaknesses in the policies made by the government in maintaining the land. Moreover, in its implementation, potential conflicts of interests between local governments that base their reasons on local autonomy and the central government that intends to protect food agricultural lands may happen.
PEnulis dan Ketentuan Penulisan Konstitusi, Redaksi Jurnal
Jurnal Konstitusi Vol 3, No 2: November 2010
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Riwayat Penulis dan Ketentuan Penulisan
Pengantar Redaksi dan Daftar Isi Konstitusi, Redaksi Jurnal
Jurnal Konstitusi Vol 4, No 1: Juni 2011
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Pengantar Redaksi dan Daftar Isi
KOMPLEKSITAS MASALAH TINDAK PIDANA KORUPSI PEJABAT KEPALA DAERAH DAN UPAYA PENANGGULANGAN DALAM MEWUJUDKAN PENYELENGGARAAN NEGARA YANG BERSIH DAN BEBAS DARI KORUPSI, KOLUSI DAN NEPOTISME Sudaryanto, Agus
Jurnal Konstitusi Vol 4, No 1: Juni 2011
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Regulations organizing policies on corruption criminal action and on its enforcement have  long been issued, but this criminal action in general or among the local head officials has increased and extended. This condition prevails since corruption is not only a matter of criminal law and of law enforcement, but also the complexity of the problems surrounding the corruption criminal law. Therefore, any efforts to  cope with this problems should be made integrally by “symptomatical cure”, namely, take action against anybody involved in the action, accompanied with “causative cure”, namely handling and  coping with the complexity of the problems surrounding the corruption criminal law. Then in realizing the state officials who are clean and free from corruption, collusion and nepotism., they should be provided with “code of conduct”, accompanied with clear sanctions (discipline, administrative, and criminal)  according to prevailing laws.
WAJAH BURAM PELAYANAN PUBLIK PASCA OTONOMI DAN PEMILUKADA Sirajudin, Sirajudin
Jurnal Konstitusi Vol 4, No 1: Juni 2011
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Giving rooms to local government to local autonomy and direct election of local heads has not changed the face of public service to become better and more elegant.  Reengineering  is needed through consistent and continuous institutionalisation of standar service and reformation of the public service apparatus  in order to make the public service take more side to the aspiration and interest of local societies.
ANALISIS PUTUSAN MAHKAMAH KONSTITUSI DALAM MENYELESAIKAN PERSELISIHAN HASIL PEMILUKADA DITINJAU DARI PERSPEKTIF TEORI HUKUM PROGRESIF (Kajian Terhadap Putusan MK atas sengketa hasil Pemilu Kepala Daerah Jawa Timur dan Putusan MK dalam Perkara Perselisiha Maulidin, La Ode
Jurnal Konstitusi Vol 4, No 1: Juni 2011
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The Constitution Court, of which its duty is guard the 1945 Constitution of the Republic of Indonesia, has made a breaktrhough in the field of law. This Court is also intended to  keep this government to run stably, and to make some corrections to the experiences of the country’s life in the past due to multiinterpretation to the constitution. In the 2003 Laws on rhe Constitution Court, it is stated that one of authorities of the Constitution Court is to settle the disputes on the results of general election. After the Court, according to the Law, is given authorities to settle the disputes, it has more authorities in the matter of  Judicial Review to the Results of General Election. In the implementation, the Court has made many decisions on the Judicial Review to The Results of General Election in East Java and in South Kalimantan in accordance with the progressive law, where the Court has decided to make revoting and recounting in some areas.  Among the experts, this is said to make some problems namely the Court has exceeded its authorities.
Kewenangan Organ Negara Dalam Penyelenggaraan Pemerintahan Hakim, Lukman
Jurnal Konstitusi Vol 4, No 1: Juni 2011
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A state is a community organization intended to put the collective life in order. In order to reach such a life, government rules are created as a means of implementing the state duties, and  of  distributing duties and of delimiting powers/ The government or state  administration is a abstraction which is personified and raised by the law as the reality of the law. As an abstraction, the government cannot do any actions without via its organs. It is important for the government to drive the cycle of “power”  and “authority”. In the administrative and constitutional law the terms ‘power’ and “authority’ is closely related to the implementation of the government functions.  Modern states tend to make the duties of government more technical which is more difficult to predict, and as a result it is impossible for laws to provide with legality to all government affairs.