Jurnal Konstitusi
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Perluasan Kewenangan Komisi Penyiaran Indonesia Terhadap Pengawasan Media Digital
Get PDFThe problem of broadcasting is very complex, consisting of the definition and supervision of broadcasting which is still unclear and the authority of KPI is still weak to supervise digital media. The research objectives are: First, to look at the legal problems of the Indonesian Broadcasting Commission in supervising Digital Media. Second, the concept and practice of broadcasters on digital media surveillance in other countries. Third, the design of the Indonesian Broadcasting Commission\u27s supervision of digital media supervision. The results of the study show that first, there are still legal problems with the position of KPI on digital media supervision. Second, digital media surveillance in Germany and Australia has been quite advanced which has strictly regulated broadcasting in digital with an integrated system. Third, the design is carried out by strengthening KPI institutions, institutional integration, and the "legislative convergence" approach
Ratio Legis Pembatasan Kedudukan Hukum bagi Pembentuk Undang-Undang dalam Pengujian Undang-Undang
Get PDFThe discourse on limiting the legislators standing to submit a constitutional review is not an entirely new issue to analyze. However, these things still need to be examined to explore the legal ratio of limitation of the legislator’s standing to submit a constitutional review by the Constitutional Court. This research specifically answers the questions: (a) how are the dynamics of the use of the legislators standing in the constitutional review? (b) what is the legal ratio for limiting legislators standing in the constitutional review? This study uses a normative legal research method by analyzing secondary data in the form of legislation, the Constitutional Court decisions, and literature related to legislators standing to submit the constitutional review. The results of this study indicate that the legal ratio limiting legislators’ standing can be traced through the legal considerations of the Constitutional Court decisions from 2003-2019
Problematika Pengawasan Tindak Lanjut Putusan Bawaslu dan DKPP dalam Penegakan Hukum Pemilu
Get PDFBawaslu is tasked with supervising the implementation of Bawaslu and DKPP decisions which must be followed up by KPU. The contrary of that during general elections in 2019 has created complications in the electoral law enforcement system. The research is focused to determine the legal certainty of follow-up to Bawaslu and DKPP decisions and form and scope of Bawaslu’s supervision of the follow-up. This is a qualitative descriptive analytical research with a normative and empirical juridical approach. The results indicate that in the implementation of Bawaslu and DKPP decisions is no legal certainty. The Constitutional Court have statement that the final and binding of DKPP decision applies to KPU, Bawaslu and President and its implementation is monitored by Bawaslu. The Bawaslu Regulation also does not accommodate in detail the mechanism for monitoring the follow-up, so it is necessary to have the regulation specifically
Evaluasi Proses Amendemen Undang-Undang Dasar Tahun 1945: Perspektif Habermasian
Get PDFThis article evaluates the amendment process of the 1945 Constitution conducted by the MPR from 1999 to 2002. The theoretical framework used is Jürgen Habermas’s theory of law and democracy. By employing an expositive-critical-reconstructive approach, this article argues the amendment of the 1945 Constitution was inclusive but not participatory because the process was more dominated by the MPR and it did not include the active participation of ordinary citizens, including civil society groups, the mass media, and radical groups in the society. The remedy to this problem is for the MPR to institutionalize ideal conditions of deliberative democracy that grant publicity, transparency, civic participation, and rational communication between the executive body and citizens in every phase of the constitutional amendment process
Kewajiban Pemenuhan Hak Konstitusional Teman Tuli dalam Mengakses Informasi di Mahkamah Konstitusi
Get PDFAs one of the judiciary bodies in Indonesia, which plays a role as the human right protector, the Constitutional Court have a significant part to ensure the fulfilment of the Indonesians’ human right. Moreover, before signing the Convention on the Rights of Persons with Disabilities in 2007 in New York and ratifying it in 2011, Indonesia had recognized human rights under its constitution, namely UUD 1945. Furthermore, the government of Republic Indonesia has been approving Act number 8 the Year 2016 about Persons with Disabilities in 2016. Under this act, the deaf has its recognized rights, especially to access information, to choose the preferable kind communication forms as it needs, and the affirmation of the state’s obligations to fulfil their human rights equally. However, the Constitutional Court has yet to have a standard operating procedure yet which specifically regulates the mechanism of accessible information for the deaf. Accordingly, in disseminating information to the public, not all people can access the information. In other words, the deaf find difficulties to comprehend the content of the message conveyed by the Court to the public as the Court do not consistently provide any tools, such as sign language interpreter and written texts. Thus, it is safe to submit that accessible information is yet to be provided by the Court in terms of publishing the information to the public. This article discusses the obligation of the Constitutional Court to ensure the fulfillment of the deaf right to access information. The aim of elaborating some related cases law and an applied standard operational procedure in Georgia’s Court in this article is that to remind the Constitutional Court to be consistent in ensuring the enjoyment and fulfillment of the deaf right to access information as the constitution recognize equality for all
Konsep Pengujian Formil Undang-Undang di Mahkamah Konstitusi
Get PDFThis study focuses on the concept of judicial review of the legislative process in the Constitutional Court. There are two research objectives to be obtained. First, the reasons for the need for judicial review of the legislative process in the Constitutional Court. Second, to offer the concept of judicial review of the legislative process in the Constitutional Court. This doctrinal legal research uses secondary data. The results of this research show that there were three factual reasons for the need for judicial review of the legislative process in the Constitutional Court. First, related to the reasons for the conception of the review. Second, the development of democracy. Third, the need for praxis. The results of this research refute the perception that judicial review of the legislative process does not have an obvious coordinate point under the constitution. Using the Rubenfeld approach, the constitution also accommodates the protection of the citizens’ constitutional rights in the due process of law-making
Dampak Jaminan Fidusia Kredit Kendaraan Bermotor yang Tidak Didaftarkan terhadap Penerimaan Negara Bukan Pajak
Get PDFMotor vehicles ownership through finance companies can be realized after going through a series of procedures before a notary and fiduciary registration office. However, this series of procedures are not done by finance companies in providing motor vehicle financing to consumers. Increasing consumer financing to the public for motor vehicles ownership should also increase the number of non-tax state revenues from fiduciary guarantees. The study purpose is to know the legal consequences for fiduciary recipients who did not register their fiduciary guarantees and to know the impact of unregistered fiduciary guarantees on non-tax state revenue (PNBP). The formulation of the problem in the research question is how the legal consequences for fiduciary recipients who do not register their fiduciary guarantees and how the impact of unregistered fiduciary guarantees on non-tax state revenue (PNBP). The research method used is descriptive qualitative normative legal research using secondary data. The study results found that fiduciary finance companies/ recipients did not register their fiduciary guarantee, so they committed illegal acts by utilizing third parties to execute motorized vehicles that were not actually burdened with fiduciary guarantees. The executor’s right to fiduciary recipient is legally flawed because he does not hold a fiduciary guarantee certificate as a result of not registering a motorized vehicle as a fiduciary guarantee. The impact on state finances because they were not registering motor vehicles as fiduciary guarantees at the fiduciary registration office resulting in non-tax revenue (PNBP) being not optimal for the state
Pemikiran Hukum Progresif untuk Perlindungan Hukum dan Kesejahteraan Masyarakat Hukum Adat
Get PDFToday there are still many problems with the existence and traditional rights of indigenous and tribal peoples. These problems tend to place the indigenous and tribal peoples in a weak and marginalized position. Not without reason, it is due to the unequal perception of all related parties, in positioning customary land and indigenious peoples in the context of national and state life based on Pancasila and the Constitution. The issue that will be discussed in this paper is about how to realize progressive legal protection of the existence of indigenous and tribal peoples to realize their welfare. This paper will use the conceptual approach method, namely the Pancasila concept as a source of ideas in providing legal protection to indigenous and tribal peoples. Furthermore, it also uses a conceptual approach from thought of progressive law. The existence of the status quo in providing legal protection to indigenous and tribal peoples which tends to be static, conditional and legalistic which has been done so far. Legal protection is more concerned with how the criteria regarding indigenous and tribal peoples will be recognized. The state should have dared to make policy and legal breakthroughs to provide legal protection based on guidance and empowerment. These policy and legal breakthroughs can refer to thougt of progressive law, which positions the law for humans with the aim of providing justice, welfare and happiness for indigenous and tribal peoples based on Pancasila and the Constitution
Polemik Fungsi Sosial Tanah dan Hak Menguasai Negara Pasca UU Nomor 12 Tahun 2012 dan Putusan Mahkamah Konstitusi Nomor 50/PUU-X/2012
Get PDFThis study examines, Firstly, aspects of the formation of Law Num. 2/2012. Secondly, interpretation of the meaning of development in the public interest. Thirdly, the compensation process for the release of land rights for development. Finally, polemic of MK\u27s Decision Num. 50/PUU-X/2012. The findings show, procedural aspects of the formation of Law Num. 2/2012, is not in accordance with the rules for the formation of applicable laws. Likewise, the meaning conception of the public interest and the process of compensation for land is still far from the spirit of the Law Num. 5 of 1960 (UUPA) Jo Article 33 of the 1945 Constitution. The Post of MK\u27s Decision Num. 50/PUU-X/2012, there needs to be a legislative review of Law Num. 2/2012, to deconstruct the meaning of “social function of the land” to conform to the philosophy of Article 33 of the 1945 Constitution and the Law Num. 5 of 1960 (UUPA). The Parliament must immediately complete the Agrarian Structure Renewal and Arrangement Bill, the Agrarian Conflict Resolution Bill, and the Natural Resource Management Bill, as mandated by MPR Decree Num. IX/2001 Jo Tap MPR Num. V/2003. Development in the public interest, must be placed in the spirit of social and agrarian reform in order to achieve maximum prosperity for the people
Karakteristik Ne Bis In Idem dan Unsurnya dalam Hukum Acara Mahkamah Konstitusi
Get PDFNe bis in idem principle in Mahkamah Konstitusi procedural law (Constitutional Court– CC) found in Article 60 Paragraph (1) of CC Act, in prohibition form to return to trial norms previously reviewed. Discrete from Criminal Code and Civil Code which exact ne bis in idem elements, Article 60 Paragraph (1) has sole element within object review form. This research examines two problems: what are ne bis in idem principle characteristics, and what are the elements in the CC procedural law? The normative judicial research method used to understand ne bis in idem principle elative. Ne bis in idem adaptation in CC procedural law resulted broad philosophical shifts that unaffected Petitioners\u27 legal standing and legality of the object that could bring against them. Based on decision systematics, CC put arguments ne bis in idem at Conclusion, so that it is not a verdict. Meanwhile, ne bis in idem principle in CC procedural law carry several norms, however CC Act only has two elements in legal object and legal subject-relationship forms. Meanwhile, the third element in legal development form is found in the CC decision. Because the legal standing of the Petitioners\u27 and the legality of the object that can be challenged was not disturbed, the three elements did not apply accumulatively, in which the element of legal development was more determinant than the other two elements. As result, constitutionality actualization either occurs through positive decisions granted Petitioners\u27 petition, moreover occurred in cases deemed ne bis in idem