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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 5, No 1 (2021)" : 6 Documents clear
Democratic Practices in Indonesia's Multi-Party Election System During the Old Order Period Suwito Suwito; Siti Ngainnur Rohmah
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 1 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i1.20753

Abstract

People in the Old Order era were not fully familiar with the Democratic System. This is because during the old order the people were directly confronted with their participation in democracy through legislative elections. This study uses a qualitative research method with a normative juridical approach. The results of the study stated that for the first time in the Old Order period elections were held in 1955 to elect members of the legislature, while more than 25 political parties participated in the general election. In addition, the condition of the state during the old order was not yet stable politically, socially, and economically, due to pressure from outside and the new state gained independence.Keywords: Old Order; Democracy; Multiparty.
The Impact of the Decision of the Constitutional Court Number 30 / PUU-XVI / 2018 on the Institution of the Regional Representative Council Muhammad Al-Fatih; Mujar Ibnu Syarif; Abdul Qodir
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 1 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i1.20768

Abstract

This study aims to determine the background of the filing of the Constitutional Court case lawsuit Number 30 / PUU-XVI / 2018 and understand the influence of the Constitutional Court decision Number 30 / PUU-XVI / 2018 on the Institutional Council of Regional Representatives. The research method used in this research is juridical normative with a statutory approach, a historical approach, and a conceptual approach obtained from data collection techniques through literature study through the statutory regulatory approach that refers to the 1945 Constitution, the Law, and the Constitutional Court Decisions. related to the theme of the discussion. The results of the study show that the background for filing a lawsuit against the Constitutional Court Decision Number 30 / PUU-XVI / 2018 is that there is no clear meaning to the phrase “other work” in Article 182 letter I of the Election Law that has provided space for political party functionaries as candidate members DPD. In addition to the impact of the decision of the Constitutional Court Number 30 / PUU-XVI / 2018 is the issuance of the Final List of Candidates (DCT) for DPD candidates issued by the General Elections Commission (KPU) as a follow-up to implementing the Constitutional Court Decision in which the KPU has crossed out the candidates. DPD members who still serve as functionaries of political parties.
The Constitutionality of State Authority Over Water Resources Management Based on Human Rights Principles Ricko Anas Extrada; Kamarusdiana Kamarusdiana
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 1 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i1.20769

Abstract

This study intends to investigate the contrast between the private sector's implementation of water privatization in Indonesia and the state's responsibility for managing water resources in light of human rights standards. In accordance with the mandate of the constitution, which states in Article 33, paragraph 3, that "Earth and water, as well as the natural resources contained therein, are under the control of the state and used for the greatest prosperity of the people," the state controls and uses all natural resources for the benefit of the people. This research employs normative legal research methods, while its methodology is a statutory approach, library research methods, and a conceptual approach that will be harmonized with statutory provisions. According to the findings of this study, the state is responsible for managing water resources in compliance with the constitutional requirement to ensure, defend, and fulfill human rights to water. Water administration by the private sector (water privatization) that is monopolistic, exclusive, and materialistic is contrary to the spirit of the Indonesian constitution and the foundation of the nation. In addition, based on the decision of the Constitutional Court to invalidate the Water Resources Law, it mandates that the state manage water resources for the sake of societal welfare.
Ethnocultural Problems and Policies in The Republic of Tatarstan, Russia Refly Setiawan; Gine Putri Pertiwi; Siti Indarini Nur Faizah; Diki Hermawan
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 1 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v4i2.18220

Abstract

This study discusses about ethnocultural problems and policies in the Republic of Tatarstan, Russia with a complex multiethnic population in a condition of balance between the two main ethnic groups, namely Russians and Tatars. In addition, there are historical and ideological views for ethnocultural policy formation in Tatarstan, positive and negative trends in the field of interethnic relations. The author focuses on aspects of ethnocultural policy implementation such as the implementation of the right to receive ethnocultural education and preservation of indigenous languages, support for traditional folk culture, interaction with public ethnic associations, etc. The results of this study illustrate that the existence of a situation in the field of inter-ethnic relations can indicate the end of the ethnocentric policy model in areas that are in favor of the Tatar community in the current conditions of multiculturalism.
Labeling Theory On the Legal Expression of Police Clearance Certificate Ahmad Yulianto; Athari Farhani
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 1 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i1.20754

Abstract

Through state-owned equipment, the police are empowered to issue a Police Clearance Certificate (SKCK). However, SKCK cannot label someone if someone is evil or not. Whereas written legal norms are characterized by legal certainty, in other words, law without certainty values will lose its meaning because it can no longer be used as a code of conduct for everyone. By reviewing references or literature related to criminal acts, prevention of crime, legal certainty and authority. SKCK is a preventive action carried out by the police institution as the State institution that has the authority over security and order. The responsibility for crime prevention is carried out by the National Police and the public by carrying out pre-emptive and preventive tasks, namely making community members obey and obey the law. Polri is responsible for approximately 20% of activities while 80% of other activities are the responsibility of the community which consists of various elements. The most important thing is that the label of criminal not criminal is the authority of the court. So that SKCK is not based on crime prevention but is based on the concept of labeling.
The Bogor Regency Regional People's Representative Council's Legislative Function in the Preparation of Regional Regulations M Syaiful Azhar; Mufidah Mufidah
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 1 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i1.20752

Abstract

The legislative function of the DPRD has not run smoothly, in some areas it is still experiencing various difficulties. Many Local Regulation Draft Initiatives (Raperda) come from the Regional Government as an executive agency. Meanwhile, the institution that enforces the aspirations of the community, the DPRD provides a lot of participation in the determination of the Perda. The purpose of the research is to study the implementation of the legislative function of the DPRD in Bogor City in 2013-2018. This research uses a qualitative method with literature approach. Data sources used in this study consisted of primary, secondary and tertiary legal materials, policy considerations of the political elite in this case the Bogor City Council, books, journal of legal. The results of the research are the legislative function carried out by the Bogor City DPRD in accordance with Law Number 23 of 2014 concerning Regional Government, which wrongly performs the legislative function that can capture the aspirations of the people in Bogor City, by receiving reports or complaints from the people of Bogor City the problem of dissatisfaction of a service. Although in its implementation is still not optimal because there are still obstacles in legislation.

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