Jurnal Konstitusi
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Rekonstruksi Sistem Pemidanaan dalam Undang-Undang Perpajakan Berdasarkan Konsep Ultimum Remidium
Get PDFImplementation of criminal sanctions in the Act No. 28 Year 2007 on General Rules of Taxation, give rise to legal issues in conceptual level. That the Tax Law, is a part of the State Administration Law, requiring forceful measures for taxpayers, especially the Taxable Entrepreneur, which in principle is a form of criminalization of administrative behavior. Criminal Law, through the principle of legality, wants a norm setting strict sanctions and obviously in the legislation, it appears to be broken in the Act No. 28 Year 2007 on General Rules of Taxation. Parameters of the crime of taxation is limited only by the elements of negligence and intentional, with the implementation under based on discretion of of the competent institution. Thus, gave rise the transactional behavior in a practical level. Therefore, the principle of ultimum remedium, becomes extremely important to avoid the use of arbitrary of discretion
Hak Kemerdekaan Menulis Buku dan Pencerahan Edukasi Masyarakat
No full textThe verdict of the judge of the Constitutional Court is a kind of special verdict. One of the verdicts pronounced by the constitutional court judge is to approve petition. In the case of petitioner’s clain through laws number 4/PNPS/1963, the constitutional court approves the petitioner’s petition. By the constitutional court judges, this juridical product is assessed against the constitution. This verdict can be categorized into an encouragement or support educatively, which must be welcome positively by the country pillars. Subjects being motivated to be mujtahid as a constitutional court judge are educational communities such as teachers, college students, lecturers, researchers, humanists, and knowledge admirers to become the creators in the aspect of book. In this kind of condition, it is expected that education enlightenment can be gained through the society
Tafsir MK Atas Pasal 33 UUD 1945: Studi Atas Putusan MK Mengenai Judicial Review Terhadap UU No. 7/2004, UU No. 22/2001, dan UU No. 20/2002
No full textThe rulings of the constitutional court to review the Act No. 7 of 2004 on Management of Water Resources, Act No. 22 of 2001 on Crude Oil and Natural Gas, Act No. 20 of 2002 on Electricity caused controversy. These decisions gives a different interpretation of Article 33 of the Constitution of 1945, which likely have implications for Indonesia’s economic development policy. Branches of production which is important for the livelihoods of people and natural resources, is placed in the area of public law rather than private. The consequences are arranged by state control rights as a collective representation of Indonesian society. Thus, the form that allows management of a joint is through cooperatives and the state delegation of the management of public goods to the non-state (cooperative), can only be done with the instrument of one-sided legal action
Perlindungan Hak Konstitusional Melalui Pengaduan Konstitusional
Get PDFThe idea of a constitutional complaint against the input (constitutional complaint) into the realm of the Constitutional Court is part of efforts to protect the rights of citizens protected by the Constitution of the Republic of Indonesia Year 1945. Protections that are stronger and more real to the constitutional rights of citizens in particular, and human rights in general, is one of the characteristics of the 1945 Constitution which has undergone a fundamental change in question. So, talking about the constitutional complaint in relation to the 1945 mean to talk about the 1945 Constitution which has undergone a fundamental change that. Therefore, an understanding of the occurrence of fundamental changes to the 1945 Constitution has become very important to explain that the constitutional complaint mechanisms and the need for the Constitutional Court is given authority to decide constitutional cases referred to the current complaint really has become a necessity
Kejujuran dalam Bingkai Hak Memilih-Dipilih (Pelajaran dari Pemilukada Bengkulu Selatan)
Get PDFThis article discusses two decision of the Constitutional Court. First, the Constitutional Court Decision No. 57/PHPU.D-VI/2008 on Election Dispute of Regional Head of South Bengkulu, which disqualify the candidate elected, Dirwan Mahmud, because it proved to be dishonest if he had been sentenced 7 years in prison, to the detriment of the rights of citizens to choose obtain correct information about the future leaders will be chosen. Second, the Constitutional Court Decision No. 4/PUU-VII/2009 about the review of Article 12 sub-article g and Article 50 paragraph (1) sub-article g election law, and Article 58 sub-article f Local Government Act, which gives the right choosen to convict (common criminal) after five years sentence expired with the condition that he honestly convey to the public if he is a former convict. This paper focuses on the importance of honesty in the implementation of the right to vote and be elected citizens
Peran Putusan Mahkamah Konstitusi dalam Perlindungan Hak Asasi Manusia terkait Penyelenggaraan Pemilu
Get PDFConstitution, as the supreme law, is created to protect human rights. Constitution contains basic principles of state administration and citizens rights that have to be protected. In relation to the citizens political rights, election is related to Human Rigts matters. Election administration constitutes manifest acknowledgement of human rights in the life of the nation. Democratic election can be carrried out if there protection of human rights is guaranteed. One of the holders of judicial power that plays roles in providing human rigths protection through its decision is Constitutional Court (CC). The Court carries out the function as the guardian of the constitution, the final interpreter of the constitution. Besides, the Court also functions as the guardian of democracy, the protector of citizens’ constitutional rights and the protector of human rights. The function of the Court as the protector of human rights constitute consequence of the incorporation of Human Rights as the substance of the constitution. The endeavour of the Court to protect human rights can be perceived from some of its decisions either in the case of judicila review of laws or settlement of local election disputes which are, inter alia, restoration of the right to vote for the former members of Indonesian Communist Party, the right to vote for certain ex-prisoners, the granting of rights to be candidate for parties that do not have seat in the parliament, the right to be candidate for individual independent citizen in local election, protection of rights for incumbents, the right to vote that is free from threat and terror, protection of the right to be candidate thta is free from the act of impediment and recognition of mechanisms that are recognized in customary law
Mengembalikan Kewibawaan Mahkamah Agung Sebagai Peradilan Yang Agung
Get PDFAuthority, protection, legal certainty and justice are absolute requirements for a country which is based on law. All judges should endeavor to harmonize justice based on the provisions of law (legal justice), justice based on morality (moral justice) and justice based on the will of the people (social justice). Supreme Court as the highest of all courts in the country should be filled with Justices who act as the reformer of law to realize clean court. The great authorities and duties the justices have require a high degree of responsibility in order that the decisions issued are for the sake of justice and in the Name of God Almighty. This denotes that law enforcement, truth and justice must be accounted for either to human or God. Supreme Court Justices are expected to integrate the three concept of justices in order that harmonization of legal responsibility and social satisfaction which is built on morality based on goodness and badness as the standard can be realized. As the Reformer of law, Supreme Court Justice should be able and have the courage to make breakthrough which is not against the law and social justice and the morality itself
Pergeseran Kekuasaan Tipologi Ketiga; Fenomena Kekuasaan Ke Arah Constitusional Heavy
Get PDFThe Constitutional Court plays a central role in the democratic system governance. With a solid perspective of balancing state power, the court has been set up to interpret and review of conformity of every act and regulation. In Indonesia, a constitutional court presence has an important meaning amid power shifting processes. As the supremacy to some extent moving away from the executive authority, the constitutional court appears as the most prominence body instead of legislative board. In accordance with its duties and functions, the institution is able to give juridical interpretations to examine every regulation against The Constitution of The Republic of Indonesia 1945
Kejanggalan Beberapa Putusan Korupsi Pengadaan dan Kaitannya dengan Konstitusi
Get PDFThis paper aims at highlighting some odd court decisions on corruption typed “state financial loss” in public procurement sector. It is odd because of the following reasons: (i) the nature of the case is more about administrative or private law instead of criminal law; (ii) some consider that it will be unjust to sentence guilty the accused; (iii) the cases ensnare persons who are perceived as reformist and clean. The first point will be the focus of elaboration. It will be argued that the encroachment of criminal law towards the area of administrative and private laws are caused by the lower standard of proof for the corruption typed “state financial loss”. Currently, the applied standard is “more likely than not” instead of “beyond reasonable doubt”. The situation which some people are jailed while their faults are more about administrative and private is a justice issue. As the upright of justice is the mandate of the constitution, therefore, articles that create this injustice (Article 2 section (1) and Article 3 of the Eradication Corruption Act) should be re-reviewed by the Constitutional Court. Although the court has previously reviewed the Articles and, therefore, this should be seen as a final and binding; this paper will give some arguments which explain the needs for the court to re-settle this matter
Refleksi Fenomena Judicialization of Politics pada Politik Hukum Pembentukan Mahkamah Konstitusi dan Putusan Mahkamah Konstitusi
Get PDFThis paper aims to introduce the phenomenon of judicialization of politics in the treasury of legal thought in Indonesia. In addition, this paper also aims to reflect the presence of judicialization of politics in the Constitutional Court, either through legal policy on establishment of constitutional court or through its decisions. Theoretically, the phenomenon of judicialization of politics began to be known at the beginning of the 21st century characterized by the dependence of society to the court to resolve the issues related to morality, public policy, and political controversies. The presence of judicialization of politics can be reflected from the shift in the political settlement of the case which was originally made through political mechanisms to the settlement through a judicial mechanism. To see the phenomenon, this paper will explore the legal policy on establishment of the Constitutional Court. Through a historical perspective on the establishment, this paper would like to indicate that, in nature, the Constitutional Court is a political institution. In addition, this paper also analyzes the Constitutional Court decision in the case of judicial review on “Perpu” of the Corruption Eradication Commission (KPK) and the decision regarding the dispute Election East Java province in 2008, to show that the phenomenon of judicialization of politics has lived and practiced in the Constitutional Court as well