Jurnal Konstitusi
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Implikasi Omnibus Law Terhadap Hak Konstitusional Atas Lingkungan Hidup Yang Sehat
Get PDFOne of the goals of the formation of the omnibus law is to increase the index of ease of doing business in Indonesia, which is currently far behind other countries. One effort that was then carried out by the government was to cut down a number of permits, one of which was an environmental permit, namely the obligation to complete EIA and UKL-UPL documents. However, this regulation is actually contradictory to the spirit of sustainable development (SDGs) which development must be in line with environmental protection. The action also has the potential to violate Article 28H paragraph (1) of the 1945 Constitution which requires the state to ensure the protection of citizens\u27 constitutional rights to a clean and healthy environment. Especially in countries that have the highest business ease indexes, such as Denmark, South Korea and the United States, the issuance of EIA documents is mandatory and is carried out strictly. Therefore this article will try to look at the implications of the omnibus law for citizens\u27 constitutional rights to a clean and healthy environment
Menakar Independensi Hakim Pengadilan Pajak Pasca Putusan MK Nomor 10/PUU-XVIII/2020
Get PDFJudicial independence is the main foundation for the of justice and legal certainty. Regarding the discourse on the independence of judicial power, the Constitutional Court decided on Case Number 10/PUU-XVIII/2020 which examined Article 5 paragraph (2) and Article 8 paragraph (2) of Law Number 14 of 2002 concerning the Tax Court. The Petitioners challenged the authority of Ministry of Finance to develop the organization, administration and finance for the Tax Court, the authority of the Minister of Finance to propose the chairperson and deputy chairman of the Tax Court. Furthermore, the Court in its ruling states that “the Chairperson and Deputy Chairperson are appointed by the President who is elected from and by the Judges who are subsequently proposed through the Minister with the approval of the Chief Justice of the Supreme Court for 1 (one) term of office for 5 (five) years”. This study examined the independence of the tax court judges after the Constitutional Court Decision Number 10 / PUU-XVIII / 2020 with independent judicial theory approach. This study showed that the Court’s decision not only supports the independence of the tax court judges but also draws a demarcation line between judicial power and executive power
Integrasi Konstitusional Kewenangan Judicial Review Mahkamah Konstitusi dan Mahkamah Agung
Get PDFThe separation of judicial review authority of the rules and regulation between the Supreme Court and the Constitutional Court raises many questions, what is the reason for the Reform of the 1945 Constitution to make this separation. The results of the study state that in countries that adopt the civil law system submit all judicial review authority to the MK, so that the separation of testing or judicial review that separates between the law that is the authority of the MK, and the testing of legislation under the law becomes the authority MA, is considered an awkward thing. Implications of the MK’s decision to test the legal norms of the 1945 Constitution, the scope of which may be horizontal to the same norms in the law, and vertically down to the rule of law as the implementation of the law that has been tested and stated to have no binding legal force. Conceptually the judicial review of the legislation should be under one roof. The burden of handling matters in the Supreme Court, can be a sufficient basis that the handling of judicial review under one roof system by the Constitutional Court, requires new interpretation or amendment to the 1945 Constitution, However, the conception will be difficult to realize except with the amendment of the 1945 Constitution because the divided judicial review authority is explicitly regulated in the 1945 Constitution. This will change if the MK’s decision with “courage” can give a new interpretation of the constitution, or through application of inherent/implied power jurisdiction of judicial constitutional review ”, then the granting and regulation of separate authorities made explicitly and expressively verbis in Article 24A and 24C, can be realized without demanding amendment to the 1945 Constitution concerning Article 24A paragraph (1) and Article 24C paragraph (1) of the 1945 Constitution
Konstitusi Desa dan Eksistensinya dalam Regulasi di Indonesia
Get PDFHerman Heller means that the constitution has 3 (three) phases: the constitution as a reality; the constitution in the abstraction process; and the constitution in codification. A constitution that has passed through the codification cycle is a mirror that it has found its existence and its position as a reality of socio-political life in society, or at least the constitution can describe the concept of Fundamental of a country’s community-thinking society. To interpret the understanding, the context of the Constituent Assembly as an abstraction of the value of dynamic living in the community (law and change of society), especially the village community in the period of reform that has undergone significant shifts because of abstraction errors on the constitution. Positioning the village as one of the sub-systems governance that has existed during the state of the archipelago (before Indonesia), the village has positioned the constitution at that time without passing the abstraction to codification. Thus the form of the constitution as the law contained therein rests on the provisions of the Godhead (natural law) far from the conception of value built on the rationality schemes and regulatory logic. Through normative juridical research methods and 3 (three) approaches: Historical approach, conceptual approach, and statue approach, the purpose of this research is to trace the significance of the village constitution as a unity of the village society’s reality by analyzing the context of historical and the things that are behind the trend of the conception of village society before the constitution passed the codification phase and the existence of the village constitution itself in regulations reflected in the law of the Republic of Indonesia number 6 the year 2014 about the village
Independensi Komisi Pemberantasan Korupsi Pasca Undang-Undang Nomor 19 Tahun 2019
Get PDFSince its establishment, the Corruption Eradication Commission (Komisi Pemberantasan Korupsi-KPK) has been designed as a state independent agency. The purpose of granting independence to the KPK is to guard against influence by any power. The second revision of the KPK Law through Law Number 19 of 2019 contains fundamental changes to the KPK institution, namely: the establishment of the Supervisory Board, the placement of the KPK in the executive branch, employment status, and examiner or investigator status. The revision not only limits the authority of the KPK but also creates an impact on the independence of the KPK. The principles of independence of the KPK, as typical of state independent agencies and anti-corruption agencies have faded through the regulation of Law Number 19 of 2019. The implication is that the KPK has an increasingly limited latitude and is not independent of the influence of other powers, particularly the executive. Without repositioning the KPK institution, the agenda for eradicating corruption will become gradually uncertain. Without restoring its independence, the existence of the KPK is increasingly losing relevance, because the President is actually in the lead of two other corruption eradication law enforcement agencies, namely the police and the prosecutor’s office
Implementasi Tax on Food dalam Tanggung Jawab Negara Terhadap Hak Pangan Berdasarkan Putusan Mahkamah Konstitusi 39/PUU-XIV/2016
Get PDFAfter the Constitutional Court decision number 39/PUU-XIV/2016 concerning the Judicial Review of the Value Added Tax on Goods and Services and Sales Tax on Luxury Goods with problems related to the criteria for 11 types of food commodities not subject to Value Added Tax (VAT). However, in the a quo decision, the court expanded the meaning of 11 food commodities so that not only 11 commodities were not subject to VAT. This decision is important because it laid the foundation for guaranteeing the right to food which is the responsibility of the state. The problem is how Constitutional Court decision No. 39/PUU-XIV/2016 is implemented on the application of VAT on food commodities? How is the application of taxes on food commodities in various countries? This article is normative legal research using a conceptual approach and a comparative approach. The reference used in this article include decisions, books, journals, reports, and other references related to the issue of the right to food and the imposition of VAT on food commodities. This article concludes that first, after the Constitutional Court Decision, the Government issued the Minister of Finance Regulation No. 99/PMK.010/2020 which adds to the criteria for necessities to be 14 items. However, these criteria must constantly be evaluated and updated according to the dynamics of social, economic, nutritional, ecological, and other supporting variables; second, the tax imposed on food (tax on food) has been applied to several countries such as Denmark; Finland; Hungary; France. The amount of food that is subject to tax is of several types, such as alcohol, tobacco, foods high in sugar, salt, and saturated fat. The goal is to develop a healthy lifestyle in the community. However, none of the countries that have implemented a tax on food have included basic commodities as tax objects. The application of staples as goods subject to VAT is of course not in line with the constitution and the concept of tax on food that has existed so far
Hak Pilih Kelompok Penyandang Disabilitas Dalam Pemilihan Umum Tahun 2019 Di Sumatera Barat
Get PDFIn the voting process at elections, the people who vote in the elections believe they can influence the actions of those who are authorized to make binding decisions. In other words, they believe that what they are doing has a political effect (political efficiency). So it is an important thing to protect the political rights of all citizens, including the voting rights owned by groups of people with disabilities. Based on the above background, there are at least two problem formulations that can be used as a fence in this research, namely What are the problems and violations of the rights of groups of persons with disabilities in the 2019 General Election ?; and How are the rights of groups of persons with disabilities protected in the 2019 General Election in West Sumatra
Refleksi Kedaulatan Negara dalam Penegakan Hukum Sumber Daya Alam Hayati di Zona Ekonomi Eksklusif
Get PDFThe international law regime on EEZ has been developed by the international community through the United Nations Conference on and state practices. This regime is intended to protect the interests of coastal states from the danger of being depleted of biological natural resources by fishing activities based on the free sea regime. In addition, the EEZ is also intended to protect the interests of the coastal state in the field of marine environment conservation as well as marine scientific research in order to support the use of natural resources in the zone. UNCLOS gives sovereign rights to Indonesia as a coastal state to explore and exploit natural resources in the EEZ as well as jurisdictions relating to the exercise of these sovereign rights. For that reason needs integrated law enforcement an effort to conserve living natural resources in ZEE Indonesia. By using the normative legal writing method, this study describes how the concept of law enforcement of living natural resources in Indonesia\u27s EEZ based on various laws and regulations
Mendialogkan Hakikat Hukum dan Keadilan Pada Berbagai Aliran Pemikiran Hukum dalam Novel Les Miserables
Get PDFJustice should be clearly presented in the wording of written law since it will serve as a basis by law enforcement officer and judges in adjudicating cases. The spirit of justice that is contined in the written law should also inspire the way law is enforced and decision made. This paper tries to reflect the essence of justice and law through various plots and characters in Victor Hugo’s novel Les Miserable by looking at it from the perspective of various schools of legal thought. The reflection made shows that a legal event can be studied using various perspectives based on schools of thought in legal science. In the analysis, natural law schools of thought, positivism and feminist jurisprudence were used. Dialoguing these various schools of thought leads to a perspective on how law and justice should be perceived and then expressed normatively before being applied to society.
Sinergitas Kabinet Presidensiil Multipartai pada Masa Pandemi Covid-19 di Indonesia
Get PDFImplement the simultaneous election in Indonesia has supported by the multiparty system. The multiparty system has an impact on the President’s leadership. In the formation of the cabinet, the President must accommodate political party coalition interest. One form of that accommodations occurs of the minister which came from the coalition political party. Different from the minister\u27s interest background has an impact on the different policies each minister especially on COVID-19 handler in Indonesia. The research method is normative research with a case approach and concept approach. This research used secondary data that used primary, secondary, and tertiary materials. This research shows that the presidential cabinet in Indonesia is a cabinet which forms by multi-party coalitions. On multiparty coalition implementation of Kabinet Indonesia Maju 2019-2024, there were several times, the minister has different policy among the minister or with local governments such as the case of the ban on taking passengers for online biking and prohibition against homecoming. Different policies among the minister or with local government can be minimized by the President’s political leadership