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INDONESIA
STAATSRECHT: Indonesian Constitutional Law Journal
Published by Universitas Islam Negeri Syarif Hidayatullah Jakarta
ISSN : 25490915     EISSN : 25490923     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
STAATSRECHT: Indonesian Constitutional Law Journal (ISSN: 2549-0915) is an national journal published by Center for the Study of Constitution and National Legislation (POSKO-LEGNAS) UIN Jakarta, INDONESIA. The focus is to provide readers with a better understanding of Constitutional Law and present developments through the publication of articles, research reports, and book reviews. STAATSRECH specializes in Constitutional Law , and is intended to communicate original researches and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines.
Arjuna Subject : -
Articles 6 Documents
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Search results for , issue "Vol 3, No 2 (2019)" : 6 Documents clear
Perlindungan Hukum Terhadap Justice Collabolator Dalam Perkara Pidana Korupsi Tiara Yuda Istiqa
STAATSRECHT: Indonesian Constitutional Law Journal Vol 3, No 2 (2019)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v3i2.12964

Abstract

AbstractCorruption is an extraordinary and difficult problem to eradicate so that one of the responsibilities in the Corruption Criminal Court is needed to resolve other corruption cases. The witness of the offender or known as the Justice Collaborator is a secret leaker who works with Law Enforcement Officials to dismantle another crime by giving information or testimony to the crime he has committed with his colleagues. A person who is a witness or a criminal is very much getting threats from outside parties, both for himself and for his family. Therefore, legal protection is needed that guarantees the safety of the witnesses given. Legal protection is the protection given to every citizen is no exception, because Indonesia is a legal state that upholds the values of justice and law enforcement and human rights. Protection of Justice Collaborator has been regulated in Law Number 31 of 2014 as regards Protection of Witnesses and/or Victims. In the Law, a Justice Collaborator has the right to get protection for his personal, family and property security, and is free from Threats relating to the testimony that he will, is or has given. Witness Actors have the right to obtain protection, this is in accordance with the LPSK and the 1945 Constitution regulations, so that the state is obliged to respect, protect and fulfill human rights, even though the Justice Collaborator is someone who has committed a crime.Keywords: Legal Protection, Justice Collaborator, Corruption.
Disparitas Putusan Mahkamah Konstitusi Terkait Sumber Daya Air; Studi Putusan Mahkamah Konstitusi Nomor 058-059-060-063/PUU/II/2004 dan Nomor 008/PUU-III/2005 dengan Putusan Mahkamah Konstitusi Nomor 85/PUU-XI/2013 Maricha Nasution; JM Muslimin; Andi Syafrani
STAATSRECHT: Indonesian Constitutional Law Journal Vol 3, No 2 (2019)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v3i2.13864

Abstract

AbstractThis study discusses the results of a decision study on water resources in Indonesia. On the one hand the main focus of this study is the disparity in the decision of the Constitutional Court in deciding the same test, namely testing Law No. 7 of 2004 concerning Water Resources. On the other hand, this study also discusses the factors that cause disparities between the two Constitutional Court decisions related to water resources. Water is an important element in daily life and as a support for the needs of living things on earth. There is no water, then there is no life. Every year community growth continues to increase, so that the need for water also increases. Therefore, the regulation of water resources is needed. One of the good regulations on water resources is by prioritizing or prioritizing people's rights to water. The results of this study indicate that there are serious dilemmas and problems in the field of water resources, both from fulfilling water rights or water rights in Indonesia.Keywords: Disparity, Constitutional Court, Water Resources
Pemakzulan Presiden di Korea Selatan Frida Aprillia Wahjudi; Nur Rohim Yunus
STAATSRECHT: Indonesian Constitutional Law Journal Vol 3, No 2 (2019)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v3i2.13867

Abstract

Abstract:Impeachment can occur in every country, even it must be accommodated in the state administration system in a country based on a democratic system, including in this case the State of South Korea. The implementation of dismissal from the highest executive power is due to violations of the provisions of the applicable laws and regulations. This research method uses a normative juridical legal research approach, while the type of research used is descriptive qualitative analytical, and data collection techniques are library research. From this research it is known that the country of South Korea also provides opportunities in the country's constitution to impeach a president who is considered to have violated the laws and regulations. Although the implementation mechanism is slightly different from the mechanism of impeachment in Indonesia.Keywords: Impeachment, President, South Korea
Tinjauan Terhadap Peraturan Digital Economy Dan Hukum Pajak Dalam Undang-Undang Pajak Pertambahan Nilai Bella Andika Putri
STAATSRECHT: Indonesian Constitutional Law Journal Vol 3, No 2 (2019)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v3i2.11411

Abstract

AbstractThe philosophy of Value-Added Tax (VAT) is a tax on consumption which is severely influenced by the development of business transaction and consumption pattern of society. In order to be the tool of social engineering and give legality of justice, Law Number 42 of 2009 should give certainty of law related to VAT imposition on transaction influenced intensely by business model growing in line with social development. Information technology development endorses the digital economy. Despite the fast growth of the digital economy in Indonesia, in line with the consistent growth of public and government consumption, the VAT revenue does not grow for consecutive three years. Law Number 42of 2009 does not prescribe explicit imposition VAT. Provision of VAT imposition on the digital economy makes VAT Law does not give justice legality and does not function as a tool of social engineering.Keywords: Value-Added Tax (VAT), Digital Economy, Justice Legality.
Putusan Mahkamah Konstitusi Nomor 13/PUU-XV/2017 Tentang Uji Materil Pasal 153 Ayat (1) Huruf F Undang-Undang Nomor 13 Tahun 2003 Ditinjau Dari Aspek Keadilan Faqih Afif Ridlo; Abdul Qodir
STAATSRECHT: Indonesian Constitutional Law Journal Vol 3, No 2 (2019)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v3i2.13865

Abstract

AbstractThis study aims to find out the legal basis for the Constitutional Court's consideration in granting material judgments in Article 153 Paragraph (1) letter f of Law Number 13 Year 2003 concerning Labor that is considered to be contradictory to the 1945 Constitution Article 28B Paragraph (1) and Article 28D Paragraph (2) . In addition to knowing aspects of justice and benefits to the legal considerations of the Constitutional Court which grants the material test Article 153 Paragraph (1) letter f of Law Number 13 Year 2003 concerning Labor. This research method uses a normative juridical legal research approach, while the type of research used is qualitative analytical descriptive, and data collection techniques are library research. From this research it is known that the granting of the marriage of workers in one company is to safeguard the basic rights of workers, namely the right to work and also the right of family and continuing offspring, as stated in Article 28B Paragraph (1) and Article 28D Paragraph (2) of the 1945 Constitution. This is a form of fulfillment of the state of basic rights that must be possessed by all Indonesian people as a whole without exception as a form of justice.Keywords: Decision, Constitutional Court, Justice Aspects
Lahirnya Norma Baru Dalam Pengujian Undang-Undang Terhadap Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Oleh Mahkamah Konstitusi Dwi Putri Cahyawati; Ahmad Azharil
STAATSRECHT: Indonesian Constitutional Law Journal Vol 3, No 2 (2019)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v3i2.13866

Abstract

Abstract:The Constitutional Court in its position as guardian of the constitution has the authority to examine laws against the Constitution. The position of the Constitutional Court is only limited to negative legislature. However, in its implementation many Constitutional Court decisions sometimes make positive legislature decisions. This has become a debate among observers of state administration law. This research method uses a normative juridical legal research approach, while the type of research used is descriptive qualitative analytical, and data collection techniques are library research. From this research it is known that the constitutional court has raised new norms in judicial review.Keywords: New Norms, Laws, Constitutional Court

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