Jurnal Konstitusi
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Politik Hukum Pengaturan Right to Vote and Right to be Candidate dalam Undang-Undang Pasca Putusan Mahkamah Konstitusi
Get PDFThe Constitutional Court in some award restored the right to vote (right to vote) and the right to choose (right to be candidate) for citizens. Some verdict related to the recovery of the political rights, namely the ruling Number 011-017/PUU-I/2003 on Return Political Rights For former members of the Illegal organization of the Communist Party of Indonesia and Other Illicit Organization and decision Number 102/PUU-VII/2009 on the use of ID card or passport in the elections. The ruling of the Constitutional Court have a legal binding force since spoken in plenary session. The nature of the ruling of the Constitutional Court are final and binding, it means there is no other remedy that can be reached by the parties and also the ruling of the Constitutional Court is not only binding on the parties but also binds all citizens of Indonesia (erga omnes). The ruling of the Constitutional Court was to be acted upon by the ruling of the Constitutional Court, addressad in this case is the President and DPR through a revision of the provisions that have bee
Problematika Tugas Konstitusional Komisi Yudisial
Get PDFPendahuluanJabatan hakim di satu sisi merupakan jabatan yang sangat mulia, dan di sisi lain, jika tidak hati-hati, dapat merendahkan martabatnya karena banyak godaan yang siap menjerumuskannya. Sebagaimana diketahui jabatan Hakim boleh dikatakan merupakan jabatan yang dekat sekali dengan godaan-godaan duniawi. Betapa tidak, di tangan seorang hakim nasib dan masa depan seseorang akan ditentukan. Orang yang tadinya kaya raya dan terkenal sebagai donator di lingkungannya misalnya, tiba-tiba jatuh martabatnya sebagai manusia karena masuk penjara akibat putusan hakim. Oleh karena itu sudah menjadi suatu pandangan umum apabila orang yang berurusan dengan pengadilan akan berusaha semaksimal mungkin, dengan segala cara (baca menghalalkan segala cara) melakukan segala hal asalkan putusan hakim dapat berpihak kepadanya. ..
Korelasi Pemilu Serentak dengan Multi Partai Sederhana Sebagai Penguatan Sistem Presidensial
Get PDFConstitutional Court Decision No. 14/PUU-XI/2013 mandated national elections simultaneously between elections executive (President and Vice-President) and legislative (House of Representatives, Provincial and District/City). After the 1945 amendment to experience a variety of complications in the Indonesian political system nationally. Democratization deliver the Indonesian people switching system of government, ie from a presidential system to the parliamentary system. Elections as a democratic process to the leadership of the government elected by the people as a sovereign State. The system of government by consensus of the people, by the people and for the people has implications for improving the effectiveness and stability of the country. The Problem is the electoral system with the current political party system is less effective in the election which is actually held separately between the presidential election, and the election pileg. Giving rise to various problems of the complexity of government (central and local governments). In the hierarchy, the presidential system is less relevant to the separate electoral system between national elections (pileg and presidential) election and the multi-party system. Political reality with the current system adopted, lead to conflicts among constituents, a very high political costs for the government and the candidates (candidates), strengthening of money politics is difficult to avoid the impact of a majority vote, a negative effect on the psychology of candidates when lost or won in battle politics, coalitions are not “healthy” in the implementation of the government, due to various political ideologies and individual interests, as well as the problems of the strategic policies of government. The correlation between electoral systems simultaneously with a multi-party system is a simplified alternative solution in presidential systems strengthening to improve the welfare of the whole people of Indonesia
Tinjauan Hak Konstitusional terhadap Korban Bencana Lumpur Lapindo
Get PDFEvents ‘Lapindo Mud’ in Sidoardjo shocked Indonesian society. In the case of this mud volcano, Lapindo allegedly “intentionally save ‘operational costs by not installing casing. When viewed from an economic perspective, the decision affects the installation of the casing to the costs incurred Lapindo. This case has caused harm to residents Siduardjo. This case is just one case, of cases in the field of environmental law that led to disaster for the people of Indonesia. Constitution of the Republic of Indonesia Year 1945 is to include environmental provisions in it, then followed the birth of Law Number 24 Year 2007 on Disaster Management. At the time of this disaster happened, the setting of environmental management regulated in Law Number 23 Year 1997. Are there provisions that already reflects the constitutional rights of disaster victims?Does the presence of the law could meet the challenge? How is its implementation? What about law enforcement
Implikasi Putusan Mahkamah Konstitusi dalam Pemakzulan Presiden dan/atau Wakil Presiden di Indonesia
Get PDFThe one of Constitutional Court authority, commonly it called as a duty, has gived a verdict for Indonesian Legislative Assembly opinion about guess of inlegallity by doing President and or without Vice President. The characteristic of Constitutional Court’s verdict has been juridical final. As relative character of verdict, Constitutionan Court’s Verdict has not had a strength binding for The People Advisory Assembly as the last institution in settlement process for dismissal President and or without Vice President in their period to follow the Constitutional Court’s verdict, except to held plenary session like Indonesian Legislative Assembly’s opinion. It was a consequency of Article 7B Paragraph (6) Indonesian Constitution of 1945
MAKNA PASAL 33 UNDANG-UNDANG DASAR 1945 DALAM PEMBANGUNAN HUKUM EKONOMI INDONESIA
Get PDFArticle 33 of the 1945 Constitution serves as the basis for Indonesian Economy. It contains the principle of togetherness and brotherhood. Therefore, in the development of Indonesian Economic Law, Article 33 of the 1945 Constitution is imperative in nature that it is asserted in the laws and regulations concerning the economy, “...it is the prosperity of the society that should be prioritized...not the welfare of individuals”
Mendesain Kewenangan Kekuasaan Kehakiman Setelah Perubahan UUD 1945
Get PDFAfter the Amendment of the 1945 Constitution of The Republic of Indonesia, The Judicial Power has become the most fundamentally power and also as a part of the axis of power which its function is to enforce justice. According to the Amendment of the 1945 Constitution of The Republic of Indonesia, the judicial power in the structure of state power, is still placed at the power that is free from intervention or influence from other power in exercising its authority. In the structure of state power, after the Amendment of the 1945 Constitution of The Republic of Indonesia, the judicial power shall be implemented by a Supreme Court and judicial bodies underneath it in the form of public courts, religious affairs courts, military tribunals, and state administrative courts, and by a Constitutional Court. The Amendment of the 1945 Constitution of The Republic of Indonesia, also spawned a new institution, beside Constitutional Court which its function is relating to judicial power, namely an independent Judicial Commission which shall possess the authority to propose candidates for appointment as justices of the Supreme Court and shall possess further authority to maintain and ensure the honour, dignity and behaviour of judges
The Right of Self-Determination: Its Emergence, Development, and Controversy
Get PDFThis paper discusses the right of self-determinationfrom international law and international human rights law perspective. It traces the emergence and development of self-determination from political principle to human right. It also explores the controversy of the right of self-determination. There have been different and even contradictory interpretations of the right of self-determination. Besides, there is no consensus on the mechanism to apply the right of self-determination. Both international law and international human rights law are vague about this
Telaah Kritik Atas Putusan Mahkamah Konstitusi dalam Perkara Perselisihan Hasil Pemilukada Provinsi Jawa Timur
No full textDecision of Constitutional Court of Number 41/PHPU.D-VI/2008 is a controversial judicial decison in practices of Constitutional Court in Indonesia. The decison had legal basis of Law of Number 18 of 2008 that against formally with the Constitutions of 1945. Nevertheless, in fact, inconstitutional practice of the court system has taken legitimacy source of convention. It is very important for development of constitutional law enforcement in Indonesia, that the decision was not only show how the Constitutional Court improves its constitutional authorities to handle disputes of regional head election result in Indonesia, but also that was first time how the Constitutional Court has brought its justice paradigm change toward process of substantial justice and law enforcement
Implikasi Pengaturan Lingkungan Hidup terhadap Peraturan Perundang-Undangan dalam Kegiatan Bisnis (Perspektif Konstitusi)
Get PDFIn the Act of 1945 (before amendment) environment is part and Chapter XIV of the National Economy and Social Welfare, precisely in Article 33 paragraph (3). After the amendment, the environment gets the settings in Chapter XA of Human Rights, which in Article 28H (1) and Chapter XIV of the National Economy and Social Welfare, which in Article 33 paragraph (3) and (4). Environmental settings in the constitution of course have implications for legislation, including legislation business activities. There are a number of regulations of business activities that have included environmental material in it. Law No. 40 of 2007 on Limited Company is a business law institutions that have incorporated environmental material. While the laws governing business activities have included environmental material of which is Law No. 25 of 2007 on Investment, Law No. 10 of 1998, and a number of other legislative business activities