Jurnal Konstitusi
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Mahkamah Konstitusi dan Penguatan Konstitusi Ekonomi Indonesia
Get PDFexistence of the Constitutional Court interpreted as the guardians of the constitution of the various operational policies that are not in accordance with the constitutional mandate. Climate ‘economic’ change is happening the world economy, shift-many policy base the national economy. This study intends to identify and analyze the involvement of the Constitutional Court towards strengthening the Constitutional Foundation of Economical System in Indonesia, which would determine the appropriate policy actualization. Therefore, it is important to identify and analyze the value of the economic constitution of Indonesia that was based on a social contract supreme law, the constitution and the ruling of the Constitutional Court that in the economic field and be able to influence national economic policy. The method of approach used in the study is descriptive analytical that explain and analyze by law as a regulation made by the Indonesian government to national economic policy, which is associated with the actual conditions that occur. The economic constitution idealistic values faced with an open market regulation, control and supervision of a force that is not only submitted to the Constitutional Court ruling which has the character of final appeal
Pemberhentian Jaksa Agung dan Hak Prerogatif Presiden
Get PDFThe rules of appointment and dismissal for the attorney generals need to be regulated concretely in the law. It was not done solely by President but must be on the consideration of Parliament. Therefore, the implementation of its truly free from interference and political interests of President. Term of office of the of the Attorney General should be established with certainty to avoid multi-interpretations that would lead to legal uncertainty
Tafsir Konstitusionalitas terhadap Batas Usia Pemidanaan Anak
Get PDFChild’s age limit acts is an absolute requirement which shall be notified in order to avoid him or her to be a victim. Acts No. 3, 1997 about Court of Children states that 8 (eight) years old as the limit and it can be proposed to. Of course this statement brings consequence to children growth’s rights and it is considered as a threat that he/she shall experience an hard law-process. On another hand, the decision of Supreme Court No. 1/PUU-VII/2010 answers this problem, by pulling up the application and deciding 12 years old as a new limit for the accused child. The regulation definitely brings a big change into child’s criminal law concept in Acts No. 3, 1997. The objection of law’s application as limitation for a child in the court also said by the applicant and considered as legality and human right trafficking
Problem Penemuan Kebenaran dalam Putusan Mahkamah Konstitusi
Get PDFEvery effort of discovering the truth always faced with the possibility to slip. This possibility of slips also occurs in the Constitutional Court Decisions, specifically one which strongly related to material truth, such as in the decision related in dispute of local general election result. Based on that certainty, this paper attempts to study the problems that could arise whenever the Constitutional Court manage to discover the truth, while also tries to present alternatives in the attempt to repair the aforemention slips
Konstitusionalitas Badan Peradilan Khusus dan MK dalam Penyelesaian Sengketa Hasil Pilkada Langsung
Get PDFIn accordance with the decision of the Constitutional Court Number 97/PUU-XI/2013, the Constitutional Court is no longer authorized to resolve disputes on direct election results, because the provisions of Article 236C of Law Number 12 Year 2008 NRI are against the Constitution of 1945. Article 157 paragraph (1) Law No. 8 Year 2015 determines that the dispute settlement on direct election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct election results. The authority of the Constitutional Court is the constitutional authority to fulfill temporary legal vacuum (rechtvakum). Therefore legislators should immediately establish a specialized judiciary which has the authority to resolve the disputes on direct election results
Mahkamah Konstitusi dan Hak Untuk Bebas Dari Perlakuan Diskriminasi
Get PDFJudicial interpretation of the right to be free from discrimination is a central issue in the practice of judicial review of the constitutionality of legislation by the MKRI. This article tries to describe and systematize this practice and then to restate the legal principles as it is stated by the MKRI into its case law. This article finds that, as a matter of principle, the MKRI adopts two main tests i.e. strict scrutiny and rational basis test to determine whether a legislation is contrary to the principle of non-discriminatio
Penerapan Pasal 1 ayat (2) Kitab Undang-Undang Hukum Pidana dalam Perspektif Kontemporer
Get PDFArticle 1 paragraph (2) Indonesian Criminal Code is an article designed as bridge between the old and new criminal provisions. Recalling the “age” of Article 1 paragraph (2) Indonesian Criminal Code that is so old, there is an urgency to conduct analysis in contemporary perspective whether or not Article 1 paragraph (2) Indonesian Criminal Code can be implemented under the current law regime in Indonesia. In implementing Article 1 paragraph (2) Indonesian Criminal Code, elements that shall be regarded are: (i) defendant; (ii) change of laws and regulations after the crime is committed; (iii) most favourable provision. There should be an adjustment on the method of interpreting both elements of defendant and change of law and regulations; on the other hand, there must be a case-by-case study to answer the element of most favourable provision. Aside from elements of Article 1 paragraph (2) Indonesian Criminal Code, there should also be a consideration on transitional provisions of the changed law to determine whether or not Article 1 paragraph (2) Indonesian Criminal Code could be implemented
Ketidakpastian Hukum Kewenangan Lembaga Pembentuk Undang-Undang Akibat Pengabaian Putusan Mahkamah Konstitusi
Get PDFThe Indonesian House of Representatives and the President has established the Act Num. 17 Year 2014 on MPR, DPR, DPD, and the DPRD (Act MD3). The Act consists provisions that have been declared incompatible with the Constitution 1945 and does not have binding legal force by the Constitutional Court Decision Num. 92/PUU-X/2012. The result is a duality norm. The first norm is the norm authorizes the establishment of laws that have already been decided in the judgment of the Constitutional Court No. 92/PUU-X/2012. The second norm is the new norm about authority of making laws specified in the Act MD3. Both of norms are contrary, so in the implementation (rechtstoepassing), House of Representatives, and the President is faced with two choices provisions of legislation. DPD authority in making the draft law becomes blurred. Similarly for the House of Representatives and the President also no certainty authority in relationship with DPD in the act making process. Should the House of Representatives and the President uphold the principle of self respect or self obidence (the government should respect the decisions of the judiciary)
Rembug Pelayanan Publik (RPM) Sebagai Aktualisasi Pelayanan Publik Berlandaskan Demokrasi Pancasila
Get PDFDynamic development of society, they want the public bureaucracy to be able to provide the public services more professional, effective, simple, transparent, open, timely, responsive and adaptive. With excellent public service, to build a human quality in the sense of increasing the capacity of individuals and communities to determine actively its own future. Actualization of democratic precepts in the public services delivery in Indonesia starting point on the importance of community participation ranging from formulating criteria for the services, how the delivery of the services, arranging each engagement, public complaints mechanism set up by the monitoring and evaluation of the implementation of the public services in order to co-together build a commitment to create quality of the public services. It’s all been contained in the Law 25 of 2009 on Public Services, certainly it has been based on the precepts of the democracy of Pancasila. Rembug of the public services as an actualization of the public services based on the democracy of Pancasila
Menggagas Pemilihan Presiden yang Demokratis dan Aspiratif
Get PDFSince the 2004, election of the president and vice president made directly by the people. Normatively, Indonesia has been striving for election of the president and vice president are more democratic, as reflected through the freedom and the involvement of a political party or coalition of political parties contesting the election to carry the presidential and vice presidential candidates meet all the requirements specified in the legislation. However, in practice the presidential election in 2004 and 2009, found several problems. This paper is intended to identify a number of election issues, once initiated the implementation of a formula for the realization of a more democratic election and aspirative