Jurnal Konstitusi
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Dinamika Hubungan Antara Pengujian Undang-Undang dengan Pembentukan Undang-Undang
Get PDFThe development and implementation of a relationship leading to the birth of anomalous friction decision Judicial review to collide against the lawmaking function. The absence of a follow-up mechanism to cancel the decision of the norm, led to the birth anomaly judgment. Friction Judicial Review with Law making Function was born in the form of vague and superficial to the lack of follow-up mechanisms. Efforts to reduce the friction between the two of them was done to achieve the ideal relationship between judicial review with lawmaking function
Harapan Baru Atas Pengelolaan Sumber Daya Air terkait Putusan MK Nomor 85/PUU-XI/2013
Get PDFThe Decision of Constitutional Court No.85/PUU-XI/2013 (The Decision of CC 2013) has canceled Law No. 7 Year 2004 on Water Resources (Law on WR 2014). The cancellation is a new hope for improving the management of water resources. During the implementation of Law WR 2004, there is mismanagement in the provision of drinking water. This paper has two focus issues, namely: first, how the low responsibility of the state for managing water resources impacts the fulfillment of drinking water for the citizens? Second, how are the improvements of water resources management expected to be realized through the Decision of CC 2013? From the discussion, the author has two conclusions. First, the negligence of the state caused that the role of the state in providing drinking water for the citizens was lost by the role of private sector. For example, a year before judicial review (2012), the number of consumers of drinking water supplied by the national sector in in the counting unit of household level is only the part of 11.79 percent. The number was lost by the supply of private sector covering 38.85 percent of households nationally. Second, the Decision of CC 2013 brings a new hope. Some basic thought are the improvement of state’s responsibility for managing water resources, termination on the private’s monopoly and termination on commercialization of water value
Penyelenggaraan Pelayanan Publik Di Indonesia, Sudahkah Berlandaskan Konsep “Welfare State”?
Get PDFPreamble to the Constitution of the Republic of Indonesia in 1945 (UUD 1945) mandated that the established goals of the Republic of Indonesia, among others, is to promote the general welfare and to make smart the nation. The mandate implies the duty to meet the needs of all citizens through a system of government that supports the creation of a quality public service in order to meet basic needs and civil rights of every citizen for public goods, public services, and administrative services. Generally indeed the concept of public service as stipulated in Undang- UndangNo. 25 tahun 2009 about Public Service was good enough. It’s just that the implementation is still not ideal, because the good enough concept is not backed up by the threat of punishment appropriate and inappropriate. For example, the authors found in Article 34 is enough to provide the ideal behavior of the implementing rules of profesional public service, but if examined further in Article 54 until 58 a set of sanctions, none of penalty that could be imposed for implementing public service violation of the rules implementing the behavior of public service as stated in the Article 34. So if the executor violated ethical behavior in public service no penalty can be imposed for violations of the ethics of public service
Penanggulangan Pornografi dalam Mewujudkan Manusia Pancasila
Get PDFThe provisions concerning the prohibition of pornography are set in the national legal instruments and instruments of international law. Specifically regulated in Law no. 11 Year 2008 About Pornography whose existence was confirmed by the Constitutional Court Decision No. 10-17-23/PUU-VII/2009 who rejected the judicial review of Law no. 44 Year 2008 on Pornography seeing this legislation is still needed to protect public morality. Prohibition of pornography is also in line with the principle of the 2nd Pancasila who want a civilized human being. However, the existence of the rule is not effective in preventing pornography, especially with the internet presence that can expand and facilitate access to pornography. Therefore it is necessary efforts to control pornography in the human form of Pancasila
Konstitusi Ekonomi Menghadapi Masyarakat Ekonomi ASeAn (MeA) Tahun 2015
Get PDFConstitutional economics is the main out line of the state indetermining the policy direction in the preparation, implementation and protection of the country’s economy and citizens. Thought contained in the constitutionin economics will be a guide in the country’s economic development and economic policy formation. Importance of economics in the constitution, would be a zone defense in them iddle of the development of the more advanced economies of the developed and developing countries in preparation for the implementation of the ASEAN Economic Community (AEC) by 2015 MEA conceptis formed by a single market in Southeast Asia. MEA it self aim stoin crease competition and improve the quality of ASEAN citizens to be able tobe competitive with people outside ASEAN. In addition to the MEA expected to attractin ward investment in ASEAN so as to provide increased economic and social welfare of ASEAN. With the MEA provides an easier alternative path way in which a country is able to sell the products of both goods and services easily
Pengujian Perppu oleh Mahkamah Konstitusi
Get PDFThe authority to reviewing Perppu can not be obtained based on the interpretation of an institution or the situation that demanded the interpretation of a norm in the community, but must be strictly regulated in the constitution to the institution where authority was given, therefore there is no ‘juridical’ chaos in it
Yudisialisasi Politik dan Sikap Menahan Diri: Peran Mahkamah Konstitusi dalam Menguji Undang-Undang
Get PDFIn a review of the constitutionality of law or policy, the Constitutional Court can take an aggressive approach or choose to take self-restraint. Theoretical justification on the Court to change or made policy derived from the judicialization of politics. Global phenomenon indicates the shift of policy-making authority towards the judiciary. Consequently, policy makers shows resistence. Such conditions forced the Court to use a number of strategies to reduce political tensions between state institutions while at the same time the Court still protect the rights of citizens. The Court uses self-restraint approach to examine policies which in realm of legislative or executive discretion. This approach is referred to by the Court as an “open(ed) legal policy”. This study elaborates on the actions carried out by the Indonesian Constitutional Court to test the constitutionality of law or policy, both in the application of the judicialization of politics nor in the judicial restraint approach. In reality, the Court uses both of these approaches on review the constitutionality of law and policy
Dasar Pertimbangan Yuridis Kedudukan Hukum (Legal Standing) Kesatuan Masyarakat Hukum Adat dalam Proses Pengujian Undang-Undang di Mahkamah Konstitusi
Get PDFIn the context of history and politics, in fact, indigenous people have been there ahead of the country of Indonesia. Protection of customary law community unit to defend their constitutional rights if there are laws that harm their constitutional rights. But there are certain requirements that must be met in order for customary law community unit having legal domicile (legal standing) to file a petition for legislation in the Constitutional Court because not all indigenous people have legal standing in testing the law. This of course has the legal implications on the recognition, respect and protection of customary law community unit, namely the unity of indigenous people that still exist are not automatically recognized as customary law community unit unless it has to meet certain constitutional requirements set out in the 1945 post-change.The purpose of the conduct of this research is to discover, deepen and develop ideas related to concepts, theories, principles of legal and normative provisions concerning the legal status of customary law community unit in the proceedings in the Constitutional Court.Requirement for customary law community unit in order to have legal status (legal standing) as the applicant in the testing of the Act is quite heavy, but must prove himself as a customary law community unit as referred to in Article 51 paragraph (1) letter b Law the Constitutional Court, must also meet 5 (five) loss of constitutional requirements as specified in jurisprudence of the Constitutional Court. The legal position because of the weight requirement (legal standing) for customary law community unit, until now there is no applicant who claims to customary law community unit, has a legal domicile (legal standing) in testing the law. Typology and benchmarks about who is categorized as a customary law community unit is still not clear, so that through decision No. 31/PUU-V/2007, the Court gave typology and size of the unity of indigenous people by interpreting Article 18B paragraph (2) of the 1945 Constitutio
Hak Warga Negara Dalam Memperoleh Pendidikan
Get PDFThe state are obliged to ensure a quality education and without discrimination to every citizen, to meet the educational rights of every citizen, in order to produce the output quality of education really qualified. Starting from the lofty goals for the nation’s intellectual life as stated in the opening of the Constitution of 1945, until now, the efforts to develop the intellectual life of the nation seems to still have a lot of obstacles. Increasing numbers of poor families in Indonesia since the economic crisis that hit in mid-1998 and more children are forced (or forced) to beg in the streets and singing when they should be in classrooms to learn. The ignorance is a source of oppression for humanity, if up to this time, the state did not implement its obligations in fulfilling the rights of its citizens to acquire basic education, then the state has violated human rights and constitutional violations
Tumpang Tindih Kewenangan dalam Penyelesaian Sengketa Perbankan Syariah
Get PDFThis paper is going to discuss the decision of the Constitutional Court No. 93/ PUU-X/2012 related to granting of the petition for judicial review of Law No. 21 Year 2008 concerning Islamic Banking (State Gazette of the Republic of Indonesia Year 2008 Number 94, namely Article 55 paragraph (2) and paragraph (3) governing the settlement of disputes with respect to Article 28D paragraph (1) of the 1945 Constitution, which says that the Act should guarantee legal certainty and justice and do not have binding legal force. While in Article 55 paragraph (1), described Sharia Banking Dispute resolution by the court within the Religious Courts, while paragraph (2), stated in terms of the parties’ dispute has betoken than those referred to in paragraph (1), the settlement of disputes in accordance with the contents of the Agreement, then, in paragraph (3) Settlement of disputes referred to in paragraph (2) must not conflict with Sharia. In addition to this, the paper will also question the extent of absolute authority of the Religious Courts institutions related to the settlement of economic disputes shari’a as stipulated in Law No. 3 of 2006 on Religious Courts