Jurnal Konstitusi
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Implikasi Putusan Mahkamah Konstitusi Nomor 22-24/PUU- VI/2008 terhadap Kebijakan Affirmative Action Keterwakilan Perempuan di DPRD Provinsi dan kabupaten/kota se-Daerah Istimewa Yogyakarta
Get PDFThe research concluded, first, The Constitutional Court decision number 22-24/PUU-VI/2008 give the positive implications of affirmative action policy of women representation in the provincial parliament and regency/town in Yogyakarta, because every legislative candidates have equal opportunity to fight to obtain a majority vote in 2009 legislative elections. Second, when Law no. 10 year 2008 still use a list of serial numbers, women’s position in the list of candidates a majority in the lowest sequence number, the result difficult for female candidates to gain seats as if his voice does not reach the number of automatic splitter sounds will be given to the serial number on it, but with a majority vote model , greater opportunities for female candidates was elected. Third, women representation in the provincial parliament Daerah Istimewa Yogyakarta (DIY) increased when compared with the results of the election of 2004, from 9 seats in 2009 elections to 12 seats, so there is an increase of 33%. in Gunung Kidul district legislature also increased the number of seats of women when compared with the acquisition of seats in the elections of 2004, from a seat in the 2009 election to 6 seats, so there is 500%. Sleman district legislature in the 2004 elections the number of women seats and as many as 6 seats in the 2009 election to 8 seats. So the increase of about 33%. in Yogyakarta city parliament also increased the number of seats in 2004 elections from 5 to 6 seats in 2009 elections. Thus, there is an increase of 20%. Kulonprogo parliament,the seats for women who gained in the 2004 elections and are 4 seats in the 2009 election into 4 seats so that there is an increase of 25%, and in Bantul Regency 2004 election results there are only 5 seats for women, in the 2009 election to 6 people or up 20%. Fourth, the concern that the ruling number 22-24/PUU-VI/2008 inhibit affirmative action policy has not been proven in Daerah Istimewa Yogyakarta (DIY), because the acquisition of women’s seats in parliament and city districts in Daerah Istimewa Yogyakarta (DIY) even more increased when compared to the acquisition in 2004 election
“Benturan Asas Nemo Judex Idoneus In Propria Causa dan Asas Ius Curia Novit” (Telaah Yuridis Putusan Mahkamah Konstitusi Nomor 005/ Puu-Iv/2006)
Get PDFConstitutional court as the guardian and the interpreter of the constitution has been providing solutions to address the constitutionality issues raised by the justices, the constitutional court in this case has done a comprehensive interpretation of the relevance of procedural law Nemo judex idoneus in propria causa in this case, which in the end use of the principle of constitutional court to answer Nemo in propria causa judex idoneus irrelevant to provide clarity of the constitutional issues raised
Inkonstitusionalitas Pasal 19 Perma Nomor 2 Tahun 2016 dan Implikasinya terhadap Akses Keadilan Warga Negara
Get PDFJudicial review as an extraordinary legal effort has constitutionally regulated by Indonesian law. However, in the administrative court, related with the dispute of location determination for the public interest, judicial review is dispensed by the Article 19 of Supreme Court Regulation No. 2 of 2016. Those article is unconstitutional because theoretically contrary with the Constitution of Indonesia and disharmonious in the types, hierarchy and substantive of the proportionality principle. Thus, human rights violation is rising especially for the people that being victims of land grabbing of development project for the public interest and disorganize of the system procedures in administrative court
Calon Tunggal dalam Pilkada Serentak Tahun 2015 terhadap Putusan Mahkamah Konstitusi No 100/PUU-XIII/2015
Get PDFThe phenomenon of a pair-single candidate threatens delays in the implementation of simultaneous Regional Head Elections in some districts until 2017. Although the Commission extends the registration period of candidates to avoid the delay of elections simultaneously, there are still some districts that have a single candidate. The law on elections has not set the provisions definitely regarding what should be done if there is the phenomenon of a single candidate. Finally the parties who feel aggrieved the rights had filed a judicial election law to the Constitutional Court (MK) to find solutions to these issues. In its decision, the Court considered that the Act mandates the election as the executor of the sovereignty of the people to elect regional heads directly and democratically. Thus, the local elections should ensure the realization of the highest power in the hands of the people. In addition, the Court also considers the formulation of norms of Law No. 8 of 2015, which requires the presence of more than one pair of candidates does not provide a solution, which led to the legal vacuum. This can result in absent of holding the elections. Local elections which are only followed by a single pair of candidates, the mechanism selection is to determine whether the “Agree” or “Disagree” with the prospective partner. If it turns out the people’s voice is more to select “Agree” then the candidate is designated as regional head and deputy head of the selected district. Conversely, if it turns out the people’s voice is more to select “Disagree” then in such circumstances the election is postponed until the next local elections simultaneously
Pro-Kontra Kewenangan Mahkamah Konstitusi dalam Menguji Undang-Undang yang Mengatur Eksistensinya
Get PDFThe Pro’s – Con’s of the Constitutional Court in the review of law in a regulated of the authority, since, it was a conflicting of procedural principles between “ius curia novit” with “nemo judex idoneus in propria causa”. Morever, the background by implication of Constitutional Court decisions, sometimes Constitutional Court making a “rule breaking”, for examples: nullify of some of law if had reduction of the authority, addition of constitutional authority to review of law before the 1945 Constitution amendment, additional authority to review of Government Regulation in lieu of law, and used non-constitution as a standard in the formal review, and others. On the other hand, the Constitutional Court also sometimes to choose a legal logic doesn’t precise and anti-accountability principle. The Conflicts of the procedural principles can be resolved by understanding philosophy of purposes of law (justice value, legal certainly, utility principle), so that, the Court will have been prioritizing to “ius curia novit” principle and it ignored “nemo judex idoneus in propria causa”principle, it is intended that the enforcement of the constitution (values) and the state of the Indonesian rule of law, as well as for the Court to aims decided of constitutional issues and to aim the protection of constitutional rights
Tindak Lanjut Putusan Mahkamah Konstitusi yang Bersifat Konstitusional Bersyarat Serta Memuat Norma Baru
Get PDFThe research is concerning the implementation of verdict stating conditionally constitutional, conditionally unconstitutional and and the verdicts that contain new norm decided by Constitutional Court in the case of judicial review of laws againts the 1945 Constitutions of The Republic of Indonesia. This is a juridical-normative research using secondary data in the form of primary law materials, namely the court decisions which are issued throughout the year 2003 up to the year 2012 that have been collected in previous research. This research aims to know the choice of form of law taken by the addressee of the Constitutional Court verdict in following up the three variant of verdicts mentioned above. The research found that the choice of the form of law in implementing the three variants of Constitutional Court verdict is very diverse. Referring to the form and substance of the implementing rules and regulations of the three variants of verdict, there are still some incoherence with the Constitutional Court verdict which is characterized by the presence of rejudicial review of norms that had been interpreted by the court. To address this problem, the Constitutional Court must be provided with legal instruments, among other, judicial order that enable the Constitutional Court to order by force the addressee to implement the Constitutional Court verdict. In addition, in order that to ensure the harmonization of legislation either vertically or horizontally as a result of the Constitutional Court verdict, then it is worth putting into consideration to expand the authority of the Constitutional Court to review all rules and legislation
Pengujian Perda dan Perdes Pasca Perubahan UU Pemda dan UU Desa
Get PDFThe development of contemporary public law (both in the field of constitutional law and administrative law) in Indonesia was marked by the strengthening of the internal settlement administration assertion as a means of testing the legal norms of both abstract and concrete. With variations, in a legal dispute concerning the norms of concrete, these developments containing fragmentation models for partly governs how the advanced mechanism in the judiciary after taken administrative effort (eg, Law Administration) and some not at all set up (eg, Law Reform State Civil). Some of the latest legislation select general-abstract norm testing internally without linking them with the possibility of testing judicially by the judiciary, among others: Law on Local Government and Law Village. In both the legislation does not regulate how the mechanism of local regulation (Perda) or village laws (Perdes) canceled by the governor or regent / mayor, whether they can be tested back to the judiciary through judicial review mechanism. This paper intends to discuss how the implementation of the authority of judicial review by Supreme Court after the enactment Law of Local Goverment or Law of Village which is not regulated by the latest legal mechanism to test regional law in the form of regulation (local laws), including Perdes (Village Laws), whereas previous products or similar laws regulate otherwise
Nasab Anak Luar Kawin Pasca Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010
Get PDFConstitutional Court Decision No. 46/PUU-VIII/2010 granted the petition Machica Mochtar, who is married with Moerdiono the Islamic religion in accordance, but not recorded. If the marriage was born a boy named Mohammed Iqbal Ramadan. After the decision of the Court, the status of illegitimate children has a civil relationship with his father and his father’s family. Child outside marriage include children born of the marriage legitimate religion, but not recorded, and the children born from adultery. According to Islamic law, the Constitutional Court’s decision is appropriate when applied to the child of a valid marriage according to religious but not registered. Meanwhile, when applied to children outside marriage, adultery result, the Court’s decision is contrary to Islamic law
Implementasi Kewenangan DKPP Pasca Putusan Mahkamah Konstitusi Nomor 115/PHPU.D-XI/2013
Get PDFThe existence of DKPP as one of the administration institutions of elections, causing a variety of problems in the implementation of its authority. This is due to the absence of a sufficiently clear parameters or benchmarks used by DKPP in dealing with the violations of code of conducting for the election. Finally, using the argument of the restorative justice, DKPP takes care ofthe implementation of the election by assigning the couplecandidate of participants forthe election and solves the disputes of determination of couple candidate for the election. The decison of Constitutional Court No. 115/PHPU.D-XI/2013,warns the DKPP to be consisten,adjudicating, and determine the violations of code of conduct in theimplementation of the election. Besides, decisions of DKPP shouldcharacteristically be recommendation and not be final and binding because it inflicts psychological effects forboard of KPU as well as bawaslu that is thefear of dismissal sanction or temporary dismissal and potentially incurring prolongedlaw polemic
Hukum dan Keadilan Sosial dalam Perspektif Hukum Ketatanegaraan
Get PDFLaw in this discussion is the law that is deliberately formed (by designed) by the state, not the law that occurs naturally in the society, which constitute the crystallization of human interaction within the society as the subject of law. Law is known as the common law or customary law and the second is the religious law, in particular, Islam with its Islamic law. The process of formation of common law or customary law is from the bottom upward (bottom-up process) while the establishment of islamic law is from top to bottom (top-down). The same as the nature of the process of formation of Islamic law is the in question in this discussion, which is the law called state legislation, or which is also usually known as laws and regulations. The only difference is, Islamic law is made by God, Allah SWT, while the maker of statutory laws is a state institution of which the major function is to make laws (legislative power). Legislation is interrelated to with humanity and justice, both in the establishment, implementation, and enforcement. This can be proven by tracing since the establishment of the state, particularly Indonesia, because the law is one of the implementation of state functions. State is established on the basis of motivation associated with humanity and justice, so that the objectives and the foundations are also related to humanity and justice. The State and the law is an instrument of humanity and justice, therefore, state and law must be related to humanity and justice, and thus, also would not be enough in the instrumental perspective, the state and the law itself without humanity and justice in serving the society