Jurnal Konstitusi
Not a member yet
576 research outputs found
Sort by
Implikasi Putusan MK No. 102/PUU-VII/2009 Terhadap Pelaksanaan Pemilihan Kepala Daerah (Studi di Kabupaten Malang dan Kota Pasuruan)
Get PDFThe Constitutional Court Decision No. 102/PUU-VII/2009 has provided new scope in the implementation of democratization process in Indonesia. The decision has simplyfied the administrative requirement of voters in the Presidential Election held in July 8th 2009, which is the permit to use the Citizen Identification Card (KTP) and Passport as voter identification requirement in voting day. This regulation more or less have strengthen the guarantee of citizen’s rights in this democratic event. The Court decission No. 102/PUU-VII/2009, implicated in building argumentations which related to the Local Election Commision attitudes and policies in resolving problems which occurs in the Fixed List of Voters (DPT) in the event of local elections
Sengketa Pemilukada; Menegakkan Keadilan dalam Hasil dan Proses (Analisis Putusan MK Nomor 28/PHPU.D-VIII/2010 tentang Pemilukada Kabupaten Gresik)
Get PDFDemocracy process of the Republic of Indonesia has changed over the collapse of the regime’s Suharto. Submission of opinion/ voting rights before the election form through representation in the Legislative votes, while the order of the reform party of Indonesia’s democracy changed the form with a direct election of the aspirations of the community through direct election of the executive (President, Governor, and Mayor / Regent)Democratic party face has changed get a hidrance and obstacle, the hidrance and thats obstacle shapes as money politic, black campaign, veiled campaign, inflate a number of vote, etc. But to canceled that fraud, indonesian civilans & the participants/incumbent has a place to uphold the justice throught the Constitutional Court..Based on the result data processing and analysis carried out performed within this scientific can be concluced that The Constitutional Court actually has authority to receive, examine, prosecute, decide land disputes election result. Constitution Court decision especially about the election result dispute regional head (Regent and Vice Regent) by the Conctitution Court election result with number 28/PHPU.D-VIII/2010 about Perselisihan Hasil Pemilihan Umum Kepala Daerah dan Wakil Kepala Daerah Kabupaten Gresik, Provinsi Jawa Timur Tahun 2010 can be operate well and has gained a place at Gresik Regency civilians
Konstitusionalitas Mengenai Kekuasaan Negara dalam Kegiatan Penanaman Modal (Analisis Putusan MK No. 21- 22/PUU-V/2007)
Get PDFWhat it means by “under state control” on article 33 point (2) and (3) of UUD 1945, should not be interpreted that the state will control totally the entire economic activities that serve the public basic; the state is not a company refers to democratic economy of Indonesia which hinder monopoly on business by any state or etatism (state monopoly). The precise understanding of “under state control“ is state responsibility to manage and drive the economy regulation correctly
Pengaturan Pemberhentian Presiden dalam Masa Jabatan Menurut UUD 1945 (Studi Komparatif Sebelum dan Sesudah Perubahan)
Get PDFIn terms of the constitutional basis, the impeachment of the President in his tenure has been set substantially on the third amandement 1945 (2001) which was ratified on November 9, 2001. The process of the president impeachment is no longer entirely left to the political mechanism, but based on legal mechanisms as provided in Article 7a and 7b the 1945 constitution. Besides relating to the violated of law, the impeachment of the President in his tenure is also possible if the president is no longer qualify as a president as stated in Article 6 of the 1945 constitution
Pembentukan Mahkamah Konstitusi Sebagai Pelaku Kekuasaan Kehakiman di Indonesia
Get PDFEstablishment of the Constitutional Court marks a new era in the power of the judiciary system in Indonesia. Some areas that had not been touched (Untouchables) by law, such as judicial review issues on the Constitution, can now be done by the Constitutional Court, including the authority, other authority provided for in the 1945 Constitution after the amendment. Besides, the existence of the Constitutional Court must also be equipped with a clear organizational structure, adequate procedural law, legal principles and sources of law that the Constitutional Court made reference in carrying out its duties and judicial authority. The emergence of the Constitutional Court as a principal judicial authorities are expected to become entry points which promote the establishment of a modern system of judicial authority in Indonesia
Masalah Eksekutabilitas Putusan Mahkamah Konstitusi oleh Mahkamah Agung
Get PDFNormatively constitutional court and supreme of court has on equal position with a different authority. However, there is a relationship of authority and point of contact. Morever, potential to cause disharmony on law enforcement. For example, on implementation of the constitutional court’s decision directly followed by the decision of the supreme court but some others not. The constitutional court’s decision characteristic are final and binding general (erga omnes), at the same level with legislation (negatif legislator), undirectly binding and enforced by the supreme court. Fundamentally, judge at the supreme court and the courts below is not a mouthpiece of the law, therefore it has some authority to interpre the statute (was also againts the decision of the constitutional court) to be applied on cases they handle. Although the judges decision of the supreme court do not decide on the validity and constitutionality of the norm, but through the efforts of the discovery or the interpretation of the law can gives an effect to the law enforcement and the establishment of a progressive and responsive legal reform
Eksistensi dan Karakteristik Putusan Bersyarat Mahkamah Konstitusi
Get PDFThe result of this legal research show the existence of conditionally constitutional and conditionally unconstitutional decision in reviewing laws from 2003 to 2015, although that model of decision is not regulated in the positive law. There are 5 characteristics of conditionally constitutional decision, those are (1) Court gives interpretation or certain requirements in order to remain constitutional provisions tested throughout implemented according to the specified requirements of the Constitutional Court; (2) based on the rejected verdict; (3) a conditionally constitutional clause can be found only on the consideration of the Court, or can be found on the judgment and injunction; (4) conditionally constitutional decision require re-judicial review if the norm is not in line with the interpretation of the Constitutional Court; (5) encouraging legislative review. Regarding the conditionally unconstitutional decision, there are 4 characteristics, those are (1) the verdict certainly include a conditionally unconstitutional clause; (2) a conditionally verdict can be the meaning or interpretation of a norm, or give the terms of the norm is unconstitutional; (3) based on the granted verdict either partially or completely; (4) does not substantially different from the conditionally constitutional clause
Politik Hukum Pasca Putusan Mahkamah Konstitusi atas Pelaksanaan Pemilu dan Pemilukada di Indonesia
Get PDFAfter amendment 1945, whether legislative elections and the election of the executive power implementing held directly by the people, and going political reform electoral laws and local election, both in the revision of the existing political regulations, and rules in the law after the Constitutional Court decision, namely Law No. 42 of 2008 on General Election of President and Vice President, and and Law No. 10 of 2016 on the Second Amendment of Act No. 1 of 2015 on Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the election of Governors, Regents and Mayors became acts. The purpose of the study on the implementation of the legal political and local elections are to conduct political rearrangement and local elections law in a mosaic of Indonesian state structure, maturity in politics, the consolidation of local democracy, and changes in local people’s minds to develop the region very hung to the figure of its leader, as well as ensuring the political rights of citizens in national and local political constellation. The results in this study is the need for consistency of law enforcement for compliance with a number of legal instruments and the implementation of procedures and penalties in the administration of elections. Aspects of legal certainty and the cultural aspect is very important law met in order for the elections and the local election purpose in achieving this goal idealized.In addition, the electoral administration in central and local levels, as well as participating in the election and the election shall comply with laws and regulations, ranging from the Commission Regulation, Act, as well as adherence to Constitutional Court decision. The author draws conclusions that the renewal of electoral politics and the local election after the Constitutional Court Decision in the Indonesian constitutional structure has implications for changes in the system, the mechanism and the pattern of elections and the local election organizers and participants of the election and the local election. On some empirical experience that was shown in the administration of elections and the election, people think the dynamic to organize and improve the system, as well as have awareness of constitutional rights guaranteed by the 1945 Constitution on political rights for the sake of the spirit of building area through the local elections to choose a figure that is idealized
Tafsir Konstitusional Pelanggaran Pemilukada yang Bersifat Sistematis, Terstruktur dan Masif
Get PDFThe Constitutional Court has created a legal breakthrough in handling the local head election dispute, in order to uphold the democracy and break away from habitual practice of systematic, structured, and massive (STM) violations. The Court does not simply calculate the results of vote count but also have to seek the justice and prosecute results counting rate that were disputed. As the juridical normative research, the research uses a statutory, case, historical approach and the sociology of law. The research shows that throughout 2008-2011 Court has granted the dispute for as many as thirty-two cases. Of that amount of cases, those with the STM violations are as many as 21 (twenty one) cases. Whereas the nature of TSM were divided into two kinds namely cumulative and alternative which both may cancel local head election results. There are three types of local head election violations, first, violation in the process that does not affect the results of the election. Second, the breach in the process that affect the election results, thirdly, violation of the terms of conditions to be a candidate which are principal in nature and can be measured. The systematic, structured and massive violation of the local head general election is violations committed by the structural apparatus, both government officials and election organizers, collectively; not an individual action, well-planned (by design) and the impact of such offencesis extensive rather than sporadic
Kedudukan Kelompok Minoritas dalam Perspektif HaM dan Perlindungan Hukumnya Di Indonesia
Get PDFMinority group is a social entity which can not be denied its existence. The plural minority condition is defined as diversity of the majority on the basis of identity, religion, language, ethnicity, culture or gender. The number is usually not much when compared to the population in a country and be in a dominant position. Vulnerable minority groups become victims of human rights, therefore the legal protection given. In a human rights perspective, this group is at a level equivalent to other individual rights holders and have special rights. Special rights are not privileges, but rights granted so the dignity of minority groups can be lifted