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Pembatasan Kekuasaan Presiden dalam Melakukan Perjanjian Pinjaman Luar Negeri Pasca Amandemen UUD 1945
Get PDFSalah satu isu yang menjadi konteks empiris pada saat amandemen UUD 1945, adalah pinjaman luar negeri Indonesia pada masa Orde Baru. Hal ini mendorong perubahan Pasal 11 UUD 1945, yang pada pokoknya menentukan sebuah keharusan bagi Presiden untuk mendapatkan persetujuan DPR dalam membuat perjanjian pinjaman luar negeri. Akan tetapi dalam pengaturan kemudian, persetujuan DPR sebagai bentuk pembatasan kekuasaan Presiden di bidang diplomatik ini, justru direduksi menjadi persetujuan yang terbatas diberikan terhadap Undang-Undang APBN. Penelitian ini dimaksudkan untuk mengurai berbagai permasalahan seputar persetujuan DPR sebagai bentuk pembatasan kekuasaan Presiden, dan pengaturannya dalam Peraturan Perundang-Undangan Pasca amandemen UUD 1945
Kedudukan Fraksi di Dewan Perwakilan Rakyat Republik Indonesia Pasca Reformasi
Get PDF The Faction of Political Party in the Indonesian House of Representatives or Parliament is as a strategic forum in the political system in Indonesia in order to connect between the process of forming government policy both in the executive and legislative branches with its citizens as a form of structured channeling of aspirations. Because in political parties there is a form of institutionalization of the expression of ideas, thoughts, views, and free beliefs in a democratic society. Then the political parties also according to the laws and regulations in force in the history of the development of political parties after the reform is to function as political education, absorb, channel and fight for the interests of the community, and prepare community members to fill political positions in accordance with the existing democratic mechanism in Indonesia through representative democracy. The pattern of relations between political parties and the DPR RI is quite simple, namely political parties have the right to participate in the election process for legislative members in the DPR RI. This legal research is prescriptive in nature, which is carried out to solve the legal issues at hand.
Justifikasi Hak Politik Mantan Narapidana: Perspektif Hak Asasi Manusia dan Perundang-Undangan
Get PDFDecision of the Supreme Court Number 46 P/HUM/2018 regarding judicial review which invalidates the provisions of the Article 4 paragraph (3) of the General Election Commission Regulation Number 20 Year 2018 which states the prohibition of including candidates who are ex-convicts of drug cases, sexual crimes and corruption. However, the enactment of General Election Commission Regulation triggered pros and cons. On the one hand, the substance of the regulation regulates the prohibition and revoking the political rights of ex-convicted and contrary with the higher regulations, because it regulates the contrary substance with higher regulation. But on the other hand, this is a progressive step which is the hope for parties to shown the good image and free corruption legislative bodies. This paper raises 2 (two) problem formulations are (1) how is the regulation through the Election Commission Regulation related to political rights of convicted corruption cases and (2) how is the justification of the Human Rights dimension of the political rights of ex-corruption convicted. The purpose of this paper is to examine and find out how the General Election Commission Regulation Number 20 Year 2018 regulates the political rights of ex-corruption convicted as well as legal implications of the Supreme Court Decision Number 46 P/HUM/2018 towards General Election Commission Regulation Number 20 Year 2018. This study specifically uses normative legal method through library research and analyzed systematization into a descriptive analytical paper. The results showed that the enactment of the Election Commission Regulation that normalized the prohibition of passive political rights for ex-convicts contained several weaknesses and ultimately annulled by the Supreme Court’s Decision. Viewed from the perspective of Human Rights related to political-rights, in its application, there must be a limitation in the time of the revocation of rights
Analisis Konstitusionalitas Batasan Kewenangan Presiden dalam Penetapan Peraturan Pemerintah Pengganti Undang-Undang
Get PDFThis paper is directed to notice about the limits of authority formation Government Regulation in Lieu of Act (PERPU) as outlined in Article 22 of the Indonesia Constitution 1945 as the excesses of the state that are considered critical and pushy or in legal terminology often referred to as matters of urgency to force. Nevertheless, the existence of Article 22 Indonesia Constitution 1945 as the legal basis of the authority of the President in the form Government Regulation in Lieu of Act (PERPU) not provide any legal certainty regarding presidential authority limits in the PERPU formation. The nature of subjectivity strengthened in the President becomes a problem and the pros and cons in any talks regarding the formation of this Government Regulation in Lieu of Act (PERPU) by using the methodology of normative legal research and the study of literature and used conseptional approach. On conclusion that there are three (3) main principal requirement Government Regulation in Lieu of Act (PERPU) their formation performed by the President based on the provisions of Article 22 of the 1945 Constitution and the law analisan results in this paper. These three things first is the limitation of time (when) a Government Regulation in Lieu of Act (PERPU) which by Maria Farida is limited (temporary) and limits the material (substance) were interpreted in the Constitutional Court Decision Number 138 / PUU-VII / 2009 as well as limits to the protection of the constitutional rights of the people
Konsep Bentuk Perusahaan Pertambangan Mineral dan Batubara dalam Perspektif Undang-Undang Dasar 1945
Get PDFThe concept of mineral and coal mining management provided by business entities, cooperatives and individuals as regulated in Law No.3 of 2020 concerning Amendments to Law No.4 of 2009 concerning Mineral and Coal Mining which is managed under the concept of a Mineral and Coal mining company. constitution based on the 1945 Constitution. The research method used is juridical normative, resulting in that the form of mineral and coal mining companies by the 1945 Constitution is a business entity, cooperative or individual listed in the Mineral and Coal Mining Law. which has a cooperative nature by the 1945 Constitution
Positivisme dan Implikasinya terhadap Ilmu dan Penegakan Hukum oleh Mahkamah Konstitusi (Analisa Putusan Nomor 46/PUU-XIV/2016)
Get PDFThis paper reveals fundamental questions about the implications of the school of positivism for science and law enforcement in the Constitutional Court. The study results show First, at the level of jurisprudence, this school understands its adherents that jurisprudence as “a normological understanding of the meaning of positive law (normological apprehension of the meaning of positive law)”. The development of jurisprudence is then carried out through the activities of studying, researching and teaching various positive laws, “which in the end the development of jurisprudence is more towards” dogmatic jurisprudence “. Second, at the level of law enforcement in the Constitutional Court, the implication of judges is to base the process of law enforcement as stipulated in the positive norms of statutory regulations. Upholding the law becomes synonymous with enforcing positive rules. Judges as legal bearers are practically proficient in reading and sounding positive law in their legal decisions. Decision of the Constitutional Court Number 46/PUUXIV/2016 related to the existence of adultery in the Criminal Code is one of the decisions that have a strong influence from this school
Sistem Keadilan Pemilu dalam Penanganan Pelanggaran dan Sengketa Proses Pemilu Serentak 2019 di Sumatera Barat
Get PDFThe electoral justice system has been established in Law Number 7 of 2017. It is marked the electoral justice system has been established in Law Number 7 of 2017. It is marked by the regulation of all procedures for implementing the election stages and the mechanism for handling election violations or disputes. The settlement of violations and election disputes is carried out by Election Supervisory Body (Bawaslu). In resolving violations and conflicts, Bawaslu has the authority to issue final decisions. With this authority, the role of Bawaslu is strengthened in the framework of law enforcement for election justice. This study would like to examine how this authority is exercised, especially in West Sumatra. West Sumatra has chosen because this province has become one of the most vulnerable areas in terms of organizing free and fair elections. Furthermore, there has also been an increase in the number of cases handled by Bawaslu in the 2019 elections compared to 2014 in West Sumatera. Therefore, how election law enforcement is carried out by Bawaslu to realize electoral justice, particularly in handling election violations and disputes. This article using normative legal research methods by relying on legal materials in the form of court decisions and decisions of the Bawaslu in province and city. In this study, it was concluded that the electoral justice system had implemented in the process of handling violations and disputes by Bawaslu in West Sumatra. All complaint report indicated it, i.e., administrative offenses, alleged criminal acts, and election disputes have been passed based on procedures determined by statutory regulations. However, there are still some weaknesses that must be evaluated because the election justice can not maximize.
Desain Badan Peradilan Khusus Pemilihan Pasca Putusan Mahkamah Konstitusi Nomor 97/PUU-XI/2013
Get PDFThe Constitutional Court Decision Number 97 / PUU-XI / 2013 is a constitutional affirmation of the Court to relinquish its authority to resolve disputes over the results of regional head and deputy regional head elections. Given that conceptually the elections for regional heads and deputy regional heads are not included in the general election regime. After the decision of the Constitutional Court was issued Law Number 1 of 2015 as amended several times, most recently by Law Number 6 of 2020 which explicitly regulates and mandates the establishment of a special judicial body to handle disputes over election results. Neither the Constitutional Court decisions nor the Laws explain in detail the design of a special court that deals with disputes over election results. Therefore, this paper intends to answer research questions about; first, if the Constitutional Court has put the authority to resolve the election result dispute, what is the direction of the Constitutional Court’s thought in designing the settlement of the election result dispute based on decision Number 97/PUU-XI/2013? Second, the Constitutional Court Decision has been enumerated into the Election Law, is it in line with the Constitutional Court’s thoughts in the decision Number 97/PUU-XI/2013 with the normalization in the Election Law regarding disputes over results? third, how is the design of a special judicial body in line with the decision Number 97/PUU-XI/2013 and the Election Law? The research method used in this research is normative research with a statutory approach, conceptual approach, and case approach, with sources of literature law and prescriptive analysis techniques. The findings of this study are; First, the Decidendi Ratio of the Constitutional Court decision Number 97/ PUU-XI/2013 seems to implicitly place the authority to resolve disputes over the results of the elections as part of the authority of the Supreme Court. Second, the normalization of the Pilkada Law related to the settlement of election result disputes is in line with the Constitutional Court’s decision. Third, the design of a special electoral judiciary body is formed under the Supreme Court
Telaah Peran Partai Politik untuk Mewujudkan Peraturan Perundang-Undangan yang Berdasarkan Pancasila
Get PDFPenerapan Pancasila sebagai cita hukum bangsa Indonesia dan sekaligus sumber segala sumber hukum negara masih menghadapi sejumlah permasalahan salah satunya kemauan politik pembentuk peraturan perundang-undangan yang merupakan anggota Partai politik. Akibat pembentukan yang tidak bersumber pada Pancasila maka peraturan perundang-undangan yang diberlakukan di pusat maupun daerah menimbulkan permasalahan. Permasalahan yang dibahas dalam tulisan ini mengenai cara meningkatkan peran partai politik untuk mewujudkan peraturan perundang-undangan yang berdasarkan kepada nilai-nilai Pancasila. Metode pendekatan yang dipergunakan dalam tulisan ini adalah dengan pendekatan konseptual, dengan mendasarkan pada kedudukan Pancasila sebagai cita hukum, serta fungsi partai politik dalam negara demokratis. Temuan yang didapat yaitu fungsi legislasi sering dikesampingkan dibanding fungsi pengawasan dan anggaran, politik mayoritas menjadi dasar pemikiran para pembuat peraturan perundang-undangan dan bukan ukuran ideologi atau konstitusional, pragmatisme perekrutan calon anggota parlemen, serta adanya perilaku korupsi legislasi. Untuk meningkatkan peran partai politik mewujudkan peraturan perundang-undangan yang berdasarkan pada Pancasila dapat dilakukan dengan cara mewajibkan Parpol di semua tingkatan menyusun desain politik legislasi dalam masa kampanye Pemilu, kepengurusan Parpol dibagi ke dalam 3 (tiga) komponen salah satunya calon anggota lembaga perwakilan, ketegasan Parpol untuk menarik atau mengganti anggotanya di lembaga perwakilan yang lalai dalam menjalankan politik legislasi Pancasila, memasukkan kurikulum pendidikan Pancasila dalam pengkaderan anggota Parpol secara berjenjang dan berkelanjutan, dan negara segera membuat panduan atau pedoman sebagai dokumen resmi dalam menafsirkan dan memahami sila-sila Pancasila.The application of Pancasila as the legal idealsm of the Indonesia and as the source of all legal sources still dealing with some problems, one of which were the political will of laws and regulations maker which are the members of political parties. As a result of the formation that does not originate from Pancasila, the laws and regulations that are enforced at the central and regional levels cause problems. The issues discussed in this paper are about how to increase the role of political parties to refine laws and regulations based on Pancasila values. The method of approach used in this paper is a conceptual approach, based on the standing of the Pancasila as a legal idealism, as well as the function of political parties in a democratic country. The findings obtained are that the legislative function is often ruled out compared to the controlling and budgeting functions, political majorities become the rationale for legislators and not ideological or constitutional measures, pragmatism for recruiting parliament candidates, and the existence of corrupt behaviour in the legislation. To increase the role of political parties in refining laws and regulations based on Pancasila can be done by requiring the political parties at all levels to construct political legislation design in the election campaign period, management of political parties are divided into three (3) components one of which members of the legislature candidate, the firmness of political parties to withdraw or change the members in the legislature that fail to implement the Pancasila political legislation, including the Pancasila education curriculum in the cadre of political party members gradually and continuously, and the state immediately made guidelines as official documents in interpreting and understanding the Pancasila principles
Perlindungan Hak Penyandang Disabilitas dalam Memperoleh Pekerjaan dan Penghidupan yang Layak bagi Kemanusiaan
Get PDFDecent work and livelihoods for humanity are part of human rights for everyone, including people with disabilities, so the 1945 Constitution provides guarantees and legal protection for their implementation. The problem is the discriminatory attitude towards persons with disabilities and the low level of education of persons with disabilities as a gap between people with disabilities and non-disabled workers. The absence of exact data related to the number of workers with disabilities both in the private sector and non-private sectors (PNS, BUMN and BUMD) raises its own problems in the protection of persons with disabilities. The quota of minimum requirement is 2 percent as a mandatory for the government, local government, BUMN, and BUMD and 1 percent for private companies from the number of employees or workers in the Disability Act is apparently not enough to provide protection for people with disabilities. This research is a normative legal research to examine the laws and regulations in order to obtain justice for persons with disabilities. This becomes very important as a form of government commitment through supervision and improvement of policies becomes very important so that persons with disabilities get decent work and livelihoods