Jurnal Konstitusi
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Konstitusionalisme dan Hak Asasi Manusia
Get PDFThe Constitution is not the main topic. The Constitution itself does not bound with the constitutionalism. The Constitution must not be the Constitutionalism. Although the concept of constitutionalism derived of the Constitution, and its development even encourage the existence of constitutional state, the essence of constitutionalism are the the power limitation of the state. The Constitutionalism build a limited State, in order to the application of state and government are not arbitrary and is clearly expressed and regulated in the articles of the Constitution
Mengkritisi HP-3 Perspektif Konstitusi dan Pemberdayaan Rakyat (Kontribusi Teori Sosiologi Membaca Putusan Nomor 3/PUU-VIII/2010)
Get PDFThis paper aims to criticize the contradictions of Rights of Coastal Management (HP-3) against the 1945 Constitution and the spirit of community empowerment. HP-3 became norm of the procedures for permitting management of Coastal and Small Islands Resources (SDP-PPK) as regulated in Law Number 27 Year 2007. The recent study collects data through literature approach and analyzes them through qualitative methods. The findings are as follows. HP-3 is contrary to the 1945 Constitution. Unconstitutionality of HP-3 is caused by changing SDP-PPK from being common property right to be property right and ignoring alignments to vulnerable populations (indigenous and traditional fisherman). The principle of empowerment that has significant power to revive the spirit of the constitution in HP-3 is improvement of capabilities and power for vulnerable people. These steps must be taken by creating articles that contain affirmative action for vulnerable people
Problematika Legal Standing Putusan Mahkamah Konstitusi
Get PDFConstitutional Court received a petition for the constitutionality of Law No. 22 of 2001 on Oil and Gas and Law No. 8 of 2011 on the Amendment of the Law No. 24 of 2003 on the Constitutional Court against the Constitution of the Republic of Indonesia Year 1945 Three issues are addressed in this study is about (1) the legal standing of the applicant in the judicial review of Law No. 22 of 2001 on Oil and Gas and the Law number 8 of 2011 concerning Amendment to Law number 24 Year 2003 concerning the Constitutional Court; (2) consideration of constitutional court give legal standing to the applicant in the judicial review of Law No. 22 of 2001 on Oil and Gas and Law No. 8 of 2011 on the Amendment of Law Number 24 Year 2003 concerning the Constitutional Court; and (3) the proposed granting legal standing of the applicant in the case of judicial review in the Constitutional Court. To answer these problems, this research using material in the form of the decision of the Constitutional Court law, legislation, and writings relating to constitutional law. The type of this research is the juridical-normative. Theory in assessing the applicant has legal standing or not, one of which is the theory of legal standing. Theory of point d’interet legal standing point d’action that is without the benefit of no action. The petitioner in case No. 36/PUU-X/2012 and No. 7/PUU-XI/2013 does not have legal standing to appeal. Court is not appropriate to assess the applicant in case No. 36/PUU-X/2012 and No. 7/PUU-XI/2013 have no legal standing. Because the applicant does not have a base (interest) to apply for judicial review. In addition there are constitutional judges dissenting opinion affirming that the applicant has no legal standing
Ambiguitas Hak Kebebasan Beragama di Indonesia dan Posisinya Pasca Putusan Mahkamah Konstitusi
Get PDFFreedom of religion is one of the rights guaranteed in the 1945 and several regulations regarding human rights in Indonesia. In Article 28I paragraph 1 stated that the religious right is expressed as a right that can not be deducted under any circumstances, as well as the right to life, the right not to be tortured, the right to freedom of thought and conscience, freedom from enslavement, recognition as a person before law, and and the right not to be prosecuted on the basis of a retroactive law. As one of the rights that can not be reduced, then the religious right should apply universally and non-discrimination. Splitting ensures the right to religious freedom in the midst of violence in the name of religion encourage some NGOs and leaders of democracy to conduct a judicial review of UU No. 1/PNPS/1965 on the Prevention of Abuse and or blasphemy. Act shall be deemed contrary to the guarantee of freedom of religion that can not be reduced under any circumstances. In that context, the Constitutional Court rejected judicial review entirely, although there are dissenting opinion from one of the judges of the constitution. After the Constitutional Court decision, the identity of religious rights in Indonesia becomes brighter, which can be reduced and restricted. Decision of the Constitutional Court not be good news for the applicants, because the UU No. 1/PNPS/1965 are one tool for certain groups to justify violence in the name of contemporary religion
Menggagas Penerapan Judicial Restraint Di Mahkamah Konstitusi
Get PDFMany controversial decision made by Constitutional Court resulted in the emergence of the idea to limit the judicial power. One of the ideas that surfaced to limit the judicial power without disturbing the idea of judicial independence is judicial restraint. The idea of judicial restraint puts limitation on certain forms. The forms of limitation under judicial restraint could be limitation based on constitutional norms, limitation based on policies for restraint (self-restraint), and the limitation imposed by certain doctrines. Judicial restraint requires the judicial power to refrain from tendencies to act like a mini parliament that can lead to the juristocracy. Judicial restraint also requires judicial power not interfere the other branches of power
Kewenangan Mahkamah Konstitusi Mengadili Perselisihan Hasil Pemilukada
Get PDFThis letters have a purpose to know and analyze authority basic of Constitution Lawcourt of Republic of Indonesia to judging the dispute from the results of district leader and district proxy leader election, and then transferring background about the authority to judging the dispute from the Results of District Leader and District Proxy Leader Election from Appellate Court to Constitution Lawcourt of Republic of Indonesia. So, to analyze basic of Constitution Lawcourt consideration that dispute objects of results of district leader and district proxy leader election don’t have the quantitative character only based on calculation voice results, but the qualitative character too, namely breaking the rules to general election principles, with the character likes ahead, general, free, secret, then downright and fairly that’s to influence the results of district leader and district proxy leader election. Analyze the election law is used by Constitution Lawcourt of Republic of Indonesia to judging the dispute in Undang-Undang Republik Indonesia No 24 Tahun 2003 about Constitution Lawcourt of Republic of Indonesia or Undang-Undang Republik Indonesia No 12 Tahun 2008 about Undang-Undang Republik Indonesia No 32 Tahun 2008 about District Governance, do not regulate punish the dispute event of district leader and district proxy leader election results.Result of letters indicate that massive and sistematic breaking is apart of the dispute from the results of district leader and district proxy leader election become legal consideration to sufficient the sense of public justice progressively cause from quantitative breaking aspect after candidate of district leader and district proxy leader has been elected based on recapitulation and calculation voice where their quantitative just with assessed breaking collision towards procedural and substantive justice both as siniquanom. Though attempt to accommodate overall of democracy aspects from sections and process district leader and district proxy leader election must be main essential to determine and set the results of recapitulation and calculation voice in district leader and district proxy leader election.As letters recommendation, needed regulation product ownself to regulate about mechanism of district leader and district proxy leader election where has been regulated in Undang-Undang Pemerintahan Daerah for all this time, so that affirmation that the district leader and district proxy leader election into the general election become less be clear. By conducting the ownself regulation, hence mechanism of district leader and district proxy leader election will be more clear, especially to overcome and solution the dispute from the results of district leader and district proxy leader election
Independensi Mahkamah Konstitusi
Get PDFAmendment of the Constitution of the Republic of Indonesia Year 1945 (UUD 1945) define more clearly what is meant by judicial power and determine the perpetrators of judicial power. The judicial power as intended by the 1945 Constitution is the judicial power whereas the power needs to be guaranteed freedom (independency. Constitutional Court as one of the subjects of the judicial authorities in carrying out duties, functions, and authorities also uses the principle of independence and impartiality. The existence of the Constitutional Court as a subject of the judicial authorities which the authority determined in the 1945 Constitution, is necessary because amandment of 1945 Constitution have to led, among other things, the 1945 Constitution position as the supreme law of the state in which the authority of state agencies regulated
Anak Membutuhkan Penegak Hukum Humanis (Analisis Putusan MK Nomor 1/PUU-VIII/2010)
No full textThe case number 1/PPU-VIII/2010 which has been decided by the Constitutional Court (MK) might become a precious experience for each part which gains trust to protect children. The verdict given by the Constitutional Court not only determines the limitation of the children age which has problems with law who must be demanded for an account, but also place children as a subject whose rights must be protected from the practice of ignorance, violence, violation, and any other cruelty
Pengadilan Sebagai Lembaga Penegakan Hukum (Perspektif Civil Law dan Common Law)
Get PDFLaw, as an justice institution run its functions through a specific process towards a certain direction in order to achieve justice. Justice now a days is needed as something concrete as the fulfillment of the most basic needs of the community. Law enforcement, in parliamentary life is run by the Government (the executive organs) and through the courts (judicial organ).There are different approaches in law enforcement. The rule of law in the Civil Law System which is shared by the countries in the European continent or land use law, also known as legal approach. In the Common Law System which is shared by the United Kingdom and the United Kingdom speaking countries, using the administration approach of the Administration, called the administration of justice. Implementation of the fundamental principles of the law, or because of its emphasis on the steps of a procedure in the event properly can make the law as an unrealistic myth, inefficient and far from the purpose of the law and implies the occurrence of loss of trust from the community, while the basic principles of administration, because of its emphasis on the achievement of business objectives efficiently will have implications for the lack of certainty in law enforcement that is essential for the achievement of Justice for everyone. Besides that addition, it also can be an opportunity for the Court arbitrariness because discretion has its wide open room. Every Legal Approach has its own advantages and disadvantages. Making option to choose which legal approach as an appropriate and good policy in law enforcement is related to the characteristics and level of knowledge of the community also the environment where these law applied
Akses Publik terhadap Informasi di Pengadilan
Get PDFPenDahuluanKebebasan informasi telah menjadi salah satu isu yang seksi dalam proses reformasi peradilan. Isu ini ditingkahi dengan adanya Surat Keputusan Ketua Mahkamah Agung (SK KMA No.144/KMA/ SK/VII/2007) pada tahun 2007 dan pengesahan Undang-Undang Keterbukaan Informasi Publik pada tahun 2008. SK KMA tentang Keterbukaan Informasi di Pengadilan ini mengawali perubahan mendasar dalam perkembangan birokrasi di kekuasaan yudikatif. Sedangkan Undang-Undang No.14 Tahun 2008 diklaim sebagai kunci pembuka gerbang ke arah perubahan yang signifikan atas performa dari pelayanan-pelayanan publik dan bertujuan untuk mempermudah akses publik dan transparansi, termasuk birokrasi di institusi-institusi peradilan.303 Undang-undang ini menjamin akses publik untuk memperoleh informasi dari badan publik dan mewajibkan badan-badan publik untuk menyediakan informasi yang dikategorikan sebagai informasi publik yang menjadi kewenangannya. Undang-undang ini telah melalui proses pembahasan yang cukup lama. Sejak dorongan muncul dari masyarakat sipil kepada pemerintah untuk mengeluarkan satu undang-undang sakti guna menguak tabir kronis ketertutupan birokrasi. Terhitung, undang-undang ini telah terkatung-katung selama 9 tahun sebelum akhirnya disahkan secara aklamasi oleh Komisi I DPR di pertengahan tahun 2008. ..