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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 71 Documents
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The Synergy of the Corruption Eradication Commission and the Judicial Commission as an Effort to Improve the Justice System in Indonesia Nur Rohim Yunus; Trini Diyani
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 2 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i2.23930

Abstract

Judicial power is an autonomous authority charged with the responsibility of administering justice in order to uphold the rule of law and justice. It is self-contained and does not rely on other authorities to maintain public order. However, the judicial power will be harmed if the judge charged with enforcing the law and administering justice actually violates the law. This study employs a qualitative research method in conjunction with a literature review. The study's findings indicate that the Corruption Eradication Commission and the Judicial Commission continue to lack cooperation in supervising judges in court. Thus, the synergy between the Corruption Eradication Commission and the Judicial Commission is required to foster cooperation and coordination in the fight against corruption, enabling them to jointly uphold the honour, nobility, and proper conduct of judges effectively and efficiently in accordance with the law.
Use of Aspiration Funds of The Council of Representatives; Study on Constitutional Court Decision Number 106/PUU-XIII/2015 Putra Nur Fikri; Masyrofah Masyrofah
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 2 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i2.23929

Abstract

The background to this research is that Article 80 Letter J of Law Number 17 of 2014 has been reviewed by the Indonesian Constitutional Court. The Petitioner in this case represents the people of Papua, who believe their constitutional rights have been violated because the petition will result in unfair management of state finances that benefits only the people in the area chosen to have the most seats in the House of Representatives. However, the Constitutional Court rejected the request brought against article 80 letter j in decision 106/PUU-XIII/2015. This research employs normative legal analysis by collecting data from the Research Library, which examines relevant documents. The findings of this study indicate that the use of aspiration funds as defined in Article 80 Letter J of Law Number 17 of 2014 does not reflect people's justice, as the allocation of aspiration funds is unfair, as it is based on electoral districts and the number of House of Representatives seats. Individuals within an area are not identical, which may result in development injustice.
Position of the Presidential Staff Office in the Indonesian State Administration System Mella Rosdiyana; Mesraini Mesraini
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 2 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i2.23927

Abstract

The primary concern of this study is the position of the Presidential Staff Office in the Indonesian constitutional system following the publication of Presidential Regulation Number 26 of 2015 pertaining to the Presidential Staff Office. Articles 1 through 4 of Presidential Regulation Number 26 of 2015 describe the mission of the Presidential Staff Office as an increase in the seamless supervision of national priority projects and the organizers of presidential political communication, in addition to the management of strategic concerns. This study employs normative legal scholarship. The findings of this study indicate that the position of the Presidential Staff Office (KSP) is a category of state organs that are auxiliary or supporting (auxiliary organ state) from the implementation instruments of the main state institutions (main organ state/constitutional organ) with a hierarchical structure of group/third tier state institutions where resources the authority of the regulator/establishment based on the law or a Presidential Decree.
The Position of the Syar-iyah Court in Aceh In the Judicial Power System of the Republic of Indonesia Ahmad Sujud Murtadlo; Abu Tamrin
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 2 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i2.23926

Abstract

Aceh's Syar'iyah Court is a subset of the province's General Courts and Religious Courts, established by Law No. 50 of 2009 on the Second Amendment to Law No. 7 of 1989 regarding Religious Courts. According to the judicial authority law's stipulations, special courts may only be established in a single of the Supreme Court's subordinate judicial systems. The Syar'iyah Court, as envisioned by Law No. 50 of 2009, stands in stark contrast to the special court provisions of the Law on Judicial Power. This study employs a qualitative research design, normative approach, and library-based methodology by reviewing relevant books, statutes, regulations, papers, and journals. According to this research, the Syar'iyah Court, as a specialized court, belongs in just one jurisdiction: the Supreme Court. If the Sar'iyah Court is any indication, the Syar'iyah Mahakamah should be treated as a unique religious court because of its expertise in Islamic law.
The Strategy of the Gantar Village Government in the Management of Village Funds Ahmad Cahyadi; Abdur Rahim
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 2 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i2.23971

Abstract

Village Funds have an important role in improving the economy of rural communities. Thus the utilization and allocation are effective and efficient. The purpose of the study was to determine the management of village funds according to Law Number 6 of 2014 Fiqh Siyasah (Study in Gantar Village, Gantar District, Indramayu Regency). This study uses a qualitative approach. Data collection techniques in observational research, interviews and documentation. The results of the research on the management of Gantar village funds, Gantar sub-district, Indramayu district, have been good, it can be seen from the progress of the village which is increasing rapidly. Financial management consists of: 1) Planning 2) Implementation 3) Administration 4) Reporting 5) Village financial accountability The village head as the party authorized to approve an expenditure plan.
The Critical Role of Official Qualifications in Maintaining Position Integrity from a Variety of Perspectives Asmadun Asmadun; Taufiqurachman Taufiqurachman
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 2 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i2.23972

Abstract

The position of village officials is currently being targeted by many people with various educational backgrounds. Not only high school graduates or equivalent. Not even a few scholars are competing to get a strategic position in the village government apparatus. This study uses a qualitative approach. The results of the study state that village government positions are very important in the course of a country. This is because the village government is a component or a small part of the running of the government. The integrity and qualifications of village level officials from a legal point of view need to be continuously improved, due to the condition of uneven educational standards in village management.
Aspects of Democratic Constitutionalism In The Appointment of Acting Regional Heads Athari Farhani
STAATSRECHT: Indonesian Constitutional Law Journal Vol 6, No 1 (2022)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v6i1.28467

Abstract

The upcoming General Elections and Regional Head Elections, which will be held in 2024, will reap probelmatics. One of them is about the appointment of acting regional heads which is considered contrary to democratic aspects, because there is no community involvement or inaccessibility to the mechanism for appointing acting regional heads. On the one hand, the Government does not heed the Decision of the Constitutional Court to issue implementing regulations as a follow-up to Article 201 of Law Number 10 of 2016 concerning Regional Elections. In fact, it is clear that the Constitutional Court is the guardion of constitution as well as the guardion of democracy. This is what makes the author want to do more research to answer the above problems. To answer this, the author uses a normative research method, namely by researching library materials or secondary data as basic materials for research. The approach used is a conceptual and statute approach.
The Complexity of Filling Regional Head Vacancies Prior to the 2024 General Election Faiqah Nur Azizah
STAATSRECHT: Indonesian Constitutional Law Journal Vol 6, No 1 (2022)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v6i1.28472

Abstract

Pemilihan Umum Kepala Daerah diselenggarakan secara serentak di tahun 2024. Pelaksanaan pilkada yang diselenggarakan secara serentak menyebabkan jabatan kepala daerah di beberapa daerah di Indonesia mengalami kekosongan untuk periode tahun 2022 dan tahun 2003. Untuk mengisi kekosongan tersebut, berdasarkan Pasal 22 E UUD NRI Tahnun 1945 Presiden sebagai penyelenggara pemerintahan tertiggi bertanggung jawab untuk memastikan penyelenggaraan pemerintahan di daerah tetap berjalan. Oleh karena itu, Presiden melimpahkan kewenangannya pada Kementerian Dalam Negeri untuk bertanggung jawab atas pengisian penjabat kepala daerah tersebut. Namun mekanisme pengisian kekosongan jabatan kepala daerah masih dinilai gamang, karena belum ada payung hukum yang jelas mengatur pengisian kekosongan jabatan tersebut, yang merupakan aturan delegatif dari UU Noor 10 Tahun 2016 tentang Pilkada. Padahal Putusan MK Putusan No 67 / PUU- XIX/2021 mengamanatkan pada pemerintah untuk segera mengeluarkan aturan terkait mekanisme pengisian penjabat kepala daerah. Proses pengisian jabatan juga dinilai menegasikan asas demokrasi karena tidak melibatkan masyarakat sebagai pemegang kedaulatan tertinggi melalui proses pemilu. Komitmen pemerintah terhadap penyelenggaraan proses pengisian penjabat kepala daerah harus ditunjukkan melalui mekanisme yang transparan dan akuntabel. Sehingga dapat memastikan bahwa proses pengisian penjabat kepala daerah bersifat netral dan tidak syarat akan kepentingan politik demi meminimalisir proses-proses yang bertentangan dengan asas demokrasi dan kedaulatan rakyat.
A Review of Siyasah Fiqh on the Implementation of Regional Regulation Number 5 of 2012 Tangerang City Ebta Yulianto; Siti Ngainnur Rohmah
STAATSRECHT: Indonesian Constitutional Law Journal Vol 6, No 1 (2022)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v6i1.28468

Abstract

Regardless of the size of a city, children living on the streets, the homeless, and begging have become typical aspects of city life. This issue appears to necessitate particular attention. The problems of unmanaged homelessness, street kids, and begging are also present in Tangerang. The purpose of this study was to determine the extent to which the fiqh siyasah has evaluated regional rule 5 of 2012 in Tangerang City. This inquiry utilizes library searches with a policy-centric focus. This study discovered that Law No. 11 of 2009 concerning Social Health and Law No. 13 of 2012 concerning Handling the Poor are used to implement the Tangerang City Regulation, which promotes the right to education, shelter, and work for street children, homeless persons, beggars, and buskers. Numerous aspects of Tangerang City Regulation Number 5 of 2012 are consistent with siyasa fiqh, including the obligation to protect all people regardless of race or religion, the protection of oneself, one's property, and one's family, and the emphasis on equality of rights and equality before the law. In accordance with the Siyasah fiqh principles espoused by Abdul Khalaf Wahhab and Abu A'la al-Maududi, Regional Regulation No. 5 of 2012 also seeks to preserve the human rights of each community, social justice, and legal protection for all.
Centralized Governance Reform of the State Civil Apparatus Based on the Merit System and Law Number 5 of 2015 concerning the State Civil Apparatus Ahmad Azharil
STAATSRECHT: Indonesian Constitutional Law Journal Vol 6, No 1 (2022)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v6i1.28475

Abstract

The existence and role of state civil apparatus in the field of public services has a strategic position if without the role of state civil apparatus,the state's obligation to serve its citizens will not be carried out. The problems faced in the implementation of public services include the organizational management system that has not been maximized, the occurrence of disciplinary violations committed by state civil apparatus, poor performance, poor quality of public services provided, a lot of overlapping state civil apparatus, not maximally provided by the state, and Often there is the implementation of tasks that are not in accordance with their duties and responsibilities. At this time, the election of regional heads is a source of problems for mutations on a large scale, usually the elected regional heads make changes in the form of changing and decreasing positions to changing the workplace of an state civil apparatus. Then how is the governance of the state civil apparatus centralized and how is the merit system in managing the state civil apparatus. The research method used in this study uses qualitative methods, namely a research method by means of interviews, observation, documentation in collecting data, then on the data that has been found a data analysis will be carried out. According to the Indonesia State Civil Apparatus Act Law, the state civil apparatus recruitment system in Indonesia is inappropriate for regional head officials to transfer state civil apparatus for political reasons, based on proximity and others. If the regional head transfers his state civil apparatus without paying attention to the regulatory aspects, then a regional head has violated the law. The implementation of state civil apparatus governance in Indonesia is currently regulated by many rules, so that the legal rules for state civil apparatus governance support strongly. However, in terms of substance there are still many problems. There are so many rules that are not considered by regional head officials in transferring or promoting state civil apparatus. 

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