Jurnal Konstitusi
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Perspektif Penegakan Hukum Progresif dalam Judicial Review di Mahkamah Konstitusi
Get PDFThe Amendments of the 1945 Constitution after reformation era brings the consequences of the necessity to adjust legislation under the constitution, either by elaborating new legislation or change the existing ones as well as through the elaboration of the rights to constitutional review against that legislation. On the other hand, the Amendment of the 1945 Constitution introduced the Constitutional Court as a court for constitutional matters of which one of the jurisdictions is to review laws against the 1945 Constitution. Since the beginning, as stated in Law No.24 of 2003 on Constitutional Court, the right to constitutional review has been given half-heartedly. To that fact, the Constitutional Court Law contains: restrictions of laws that may be tested, filing requirements, categorization of the verdict, and the composition of the constitutional judges. In the perspective of progressive law, the Constitutional Court’s ignorance of that restrictions considered as contrary to the constitution itself. However, in certain cases, especially related to the filing requirement for constitutionality review, The Constitutional Court is still locked by the restrictions given by Constitutional Court Law, even it is institutionalized through jurisprudence
Potret Keterwakilan Perempuan dalam Wajah Politik Indonesia Perspektif Regulasi dan Implementasi
Get PDFIn Article 28C paragraph (2) of the Constitution 1945, “Every person is entitled to advance himself in the fight for their rights to collectively build a community, nation and country”, Article 28D paragraph (3) which reads, “Every citizen is entitled to equal opportunities in government”, should be the basis for guaranteed political rights of women. However, parties often overlook the urgency of this women’s representation. In addition to the provisions of the 1945 Constitution, there is also Election Law, Article 7 and Article 8 of CEDAW and the Convention on the Political Rights of Women who all voiced that women have equal political rights with men. But will the urgency of women’s representation in politics is hampered due to negative stereotypes of women’s capabilities
Eksistensi Undang-Undang Sebagai Produk Hukum dalam Pemenuhan Keadilan Bagi Rakyat (Analisis Putusan Mahkamah Konstitusi Nomor 50/PUU-X/2012)
Get PDFLegislation in its formation is influenced by the direction of policy. Prolegnas often defeated by political interests, that determination depends on the political direction of the lawmakers that the legislation referred to as a political product. Prolegnas is part of the political establishment and management of legislation that are instrument-building program planning Act arranged in a planned, integrated, and systematic is needed to organize the national legal system. The Law 12/2011 indicates that the substantive content of the law must satisfy the principle of justice and the rule of law. In addition, the preparation of legislation must meet the elements of the rule of law, benefits, and equity in equal proportion. Thus, the Law 2/2012 that was in the National Legislation Program is a legal product that can provide justice for the people
Konstruksi Model Pengujian Ex Ante terhadap Rancangan Undang-Undang di Indonesia
Get PDFThe quality of legislation in Indonesia is often questioned when the Constitutional Court cancels several chapters of a law or even the entire law. The poor quality of legislation is influenced by powerful political factor in the legislation process. These factors have an impact on unsynchronization of laws with the constitution or disharmony with other legislation. Ex ante review in this context becomes an alternative way to prevent bad legislation because every bill should be reviewed first. In Indonesian context, the ideal model of ex ante review is not only concerning with the constitutionality, but also harmony with other laws as well as other parameters necessary to produce good legislation
Problematika Substantif Perppu Nomor 1 Tahun 2013 Tentang Mahkamah Konstitusi
Get PDFConstitutionally, the issuance of Government Regulation in Lieu of Law is the subjective right of the President based on the state of exigencies, but its formation should alway fulfill good, proportional and prudent principles of lawmaking. Eventhough the objective of issuing the Government Regulation in Lieu of Law on Constitutional Court is to restore public trust and credibility of Constitutional Court Justices, the content of the regulation may not be contradictional with the 1945 Constitution of the Republic of Indonesia. In order that there is no distortion in the use of subjective right of the President in issuing the regulation, the House of Representatives must objectively scrutinize whether the regulation is reasonable to be promulgated as a law ar must be denied
Suara Terbanyak dan Kualitas Anggota DPRD Provinsi DIY (Implementasi Putusan MK No. 22-24/ PUU-VI/2008 dalam Pemilu 2009)
Get PDFThe implementation of the Constitutional Court Decision No. 22-24/ PUU-VI/2008 about counting majority votes in 2009 legislative elections in the province of DIY has a significant effect. considering the system used in the vote count to determine the members of both national and local legislatures are new and very different from previous elections. However, these effects are not caused major problems, because before the election day, the decision has been disseminated by each political party internally and implemented by Electoral Commission. Although the Constitutional Court decision issued after a waiting list of legislative candidates have been announced by the KPU
Perkembangan konstitusionalitas Penguasaan negara atas sumber Daya alam Dalam Putusan mahkamah konstitusi
Get PDFThe economy is based on democratic economy, prosperity for everyone! Therefore, any types of production those are important for the state and mastering of many people must be controlled by the state. Otherwise, the reins of production fell into the hands of powerful parties and the people become oppressed. That is the original meaning of Article 33 of Indonesia Constitution based on formal explanation of the first Indonesia Constitution. But after the formal explanation was removed, the explanation of Article 33 no longer refers to the original meaning was set up by the framer constitution. This paper discusses the development of the interpretation of Article 33 in ‘new space’ as seen from decisions of the Constitutional Court in examining the laws over the constitution. To show how the interpretation of Article 33 by the Constitutional Court, particularly regard to the conception of state control over natural resources, this paper discuss eleven decisions of Constitutional Court dealing to review several natural resources laws
Pasang Surut Komisi Yudisial: Kreasi, resistensi dan restorasi
Get PDFIn The Federalist Papers (1787), James Madison said: “If the angels to govern men, then the internal and external monitoring is not necessary”. In other words, the control is absolute. Supervisory authority weaknesses of the institution in vast expanses of the judiciary, as well as pave the way for the “dictatorship of the courts”. The Judicial Commission is present to prevent the dictatorship of the Court. With all the hope and resistance to the Judicial Commission, it remains a small candle in the corner of a coveted judicial building clean, independent and authoritative
Implikasi Putusan No. 002/Puu-I/2003 terhadap Privatisasi Bisnis Migas
Get PDFStatue no. 22/ 2001 on Oil and Gas. (Oil and Gas Law). Have reaped the problem, since the establishment, terms with the impact of globalization, as well as the world economic crisis. Therefore as new laws that regulate oil and gas, there has been a reform in the oil and gas law, as well as a variety of model settings. As is usually the administrative laws, tend to use the criminal provisions, in order to maintain, this thing is set, it can be done ideally, and improve the welfare of the people in business with the capital requirement migas.yang besar.Investasi multinational companies have long engaged in oil and gas, even since the colonial period, until today. Hence privatization of State-Owned Enterprises in the field of oil and gas business, must be strictly regulated, so that the model of economic democracy as provided for in the Constitution Article 33 of the Constitution of 1945, can be implemented with a high spirit of nationalism
Perlindungan terhadap Lingkungan dalam Perspektif Konstitusi
Get PDFNowadays there is a tendency in many countries to protect the environment by incorporating general principles of environment into a state or a regional constitution. This article aims to examine the extent to which environmental protection can be provided through the adoption of those constitutional norms. This study was conducted using a qualitative methodology with a normative approach and library research derived from court decisions, law and regulations, books and journal articles. It concludes that the Indonesian Constitution contains constitutional norms for the environmental protection. However, these constitutional norms are still positioned as a subsidiary or supporting factor in the fulfillment of human rights and the national economy. In order to strengthen the environmental protection by the Indonesian Constitution, it requires a reformulation of related constitutional norms by positioning the environment more as the basic values in the state administration and national economic activities