Jurnal Konstitusi
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Pro-Kontra dan Prospektif Kewenangan Uji Konstitusionalitas Perpu
Get PDFPros and cons of the authority to deal with judicial constitutionality review of Government Regulation in Lieu of Law (Perpu) either from fellow judges of the Constitutional Court (MK) or from the world of legal science is acceptable. The pros and cons is not due to the differences in interests between them, but it is caused by the differences in schools or schools of thought and interpretation methodologies adopted. The authority of the Constitutional Court to review the constitutionality of Perpu is in line with the philosophy of Judicial Activism (the concept of active understanding) which is identical to the "Statue of the Goddess of Justice" whose eyes are not closed in order to be able to watch and absorb the "sense of social justice", to incorporate the living legal values in the society, respond to the demand and aspiration of the people and, furthermore, to create “the thinking judges” which make their decisions responsive. However, the authority of the Court to review the constitutionality of the Perpu might cause “broader impacts” in the future which means that the impact will not be only on the constitutionality review of the Perpu but also on the other decisions of Constitutional Court
Hubungan Presiden dan DPR
Get PDFRelation between executive and legislative tends to be intricate. Both parties often do not understand the functions and authorities of their respective institutions. At the end, disputes often emerge in playing their roles. This writing tries to discuss the problems concerning two state institutions: the President and the Parliament. The analysis will also address how both institutions manage themselves constitutionally in order not to solely immerse in political interests
Kewenangan Mahkamah Konstitusi Memutus Perselisihan Hasil Pemilu Sebagai Bentuk Judicialization 0f Politics
Get PDFJudicialization of politics are the phenomenon which usually happen in a democratic constitutional state, which cause power movement to resolve problems which related to public policy making and political nature, from the political institution to judicial institution. In Indonesia this phenomenon arise in the authority of the Constitutional Court, especially in the authority of the Constitutional Court when they adjudicate electoral result dispute, whichs so far, most widely submitted cases to the Constitutional Court. But, as a independent and impartial judicial institution the Constitutional Court must restrict to adjudicate the political cases such as electoral result dispute so that this institution would not be politicking object of another branch of government, however judicialization of politics phenomenon is something that Constitutional Court would not avoid, so that this article will examine how important the Constitutional Court to priority judicial restraint principle in order to adjudicate electoral result dispute, so that Constitutional Court would not be politicking object of another branch of government
Konsep Negara Berbasis Hak sebagai Argumen Justifikasi Pengujian Konstitusionalitas Undang-undang
Get PDFThis article argues that the concept of right-based State and right-based constitution are substantively the basis or justification for constitutional review of legislation or laws. The constitutionality of laws is determined by the idea that human rights are supreme or superior over the legislature and its legal product. Therefore, the legislature should respect human rights in law-making. This article also rejects the view that hierarchy of laws is the only basis for constitutional review of legislation or laws because this view only explains it formally. This argument cannot be applied to Britain or Israel which does not have a formal constitution
Implikasi Putusan MK No. 22-24/Puu-VI/2008 Terhadap Model Affirmative Action (Studi di DPRD Provinsi Jawa Tengah Hasil Pemilu Legislatif 2009)
Get PDFAfter the Constitutional Court decision number 22-24/PUU-VI/2008, there are a shift competition between political parties for candidate-between, especially in political parties. It also implies the strategy of the campaign. Acquisition of candidates for seats in the Parliament of the province of Central Java went from 15 seats in the elections of 2004 to 21 seats in the elections of 2009. This increase was caused by political parties factor, the figure of the candidates, and campaign strategy, as well as a small number of candidates. In nomerik there are 92 between 100 candidates were elected in a small number (1,2,3) and especially among the 21 candidates selected, 20 women also occupy the small number (1,2,3). Recommendation for these problems are: the provisions of the article and / or clause which States that... List of candidates have been prepared on the basis of the number of series that contains at least 30% (thirty percent) of the representation of women is maintained and is complemented by the formula in each electoral district; The provisions of article and/or the point of, which states that ... In the list of candidates will be every three (3) candidates, at least one (1) of female candidates was retained and supplemented formula ... In the list of candidates will be every three (3) candidates, at least 1 (one) female candidate who was placed on a small number of not less than 30% (thirty percent) of the number of constituencies, and the future of affirmative action based models quota of 30 % (thirty percent) and zipper for women candidates and the placement model in a limited number is not sufficient to maintain a procedure, but must be accompanied by the development of the cultural climate of recruitment politician in their respective political parties competing in elections and the increase in the specific political education for women
Perubahan Konstitusi Melalui Putusan MK: Telaah Atas Putusan Nomor 138/PUU-VII/2009
Get PDFThe Constitutional Court’s decision state that the authority to examine Perpu is a positive new development in constitutional law not just Indonesia that not only binds the parties, but the jurisprudence of the constitutional law in Indonesia, with the decision, to the possibility of abuse of power through Perpu and systemic weaknesses in the UUD 1945 in overseeing the president is to be anticipated product which itself also will give more legal protection for the seeker of justice, the ruling which states the The Constitutional Court’s authorities to examine Perpu in testing comes as the functioning of the judiciary as an organ which not only uphold the law but also justice, by therefore, the decision was inspiring for judicial power in Indonesia to capitalize on his power to find justice
E-Voting: Kebutuhan vs. Kesiapan (Menyongsong) E-Demokrasi
Get PDFAlong with the success of e-voting in the election of leaders at the village in Jembrana District, Bali Province, the Chief Electoral Hamlet (Kelihan Banjar Dinas) in the Village Yehembang, Pohsanten Village, District and Village Mendoyo Perancak, Jembrana district by using the e-ID card, opening new opportunities for Indonesia to use these methods in the upcoming election. However, by retaining Article 88 of Law Number 32 Year 2004 regarding Regional Government provides the opportunity for areas not yet ready for e-voting to keep using conventional mencontreng election or vote
Rekonstruksi Kewenangan Penyelesaian Perselisihan Hasil Pemilihan Umum
Get PDFConstruction of authority in the settlement of dispute over the result of local election is still in transformation to become the ideal format. At the same time, the authority in the settlement of election dispute which is distributed to many agencies is also demanding simplification. The fact requires that there must be reconstruction on the settlement of all kinds of legal problems in election, including the dispute over local election results. Related to this, one of the proposals offered through this paper is the simplification of settlement system and the courts involved in the settlement of disputes. Where, for the settlement of disputed election results remain under the authority of the Constitutional Court, while the settlement of election disputes, local election disputes and disputes over the results of local election are handled by a special election court. The role of the election court referred to will be run by the Election Supervisory Body which will transform into a special election court
Keterlibatan Negara dalam Mengawal Kebebasan Beragama/ Berkeyakinan (Komentar Akademik atas Judicial Review UU No.1/PNPS/1965)
Get PDFA theory having been known in the discourse of civil and political rights is a state has to act by omission (by not to do anything that can limit to as well as oppress these rights). It is this theory that was used as argument to petition for judicial review of law No.1/PNPS/Th.1965. This law was regarded having limited freedom of conscience and religion, that are parts of civil and political rights.After the implementation of freedom of conscience and religion have been evaluated, this should not be absolute because it will cause instability of harmony of religious community. The uncontrolled freedom, in fact, will encourage the deviation. The deviation that often happens is the mistaken interpretation.It caused the misuse or desecretion of religion.The state as organizer of people life, therefore, has the responsibility for controling the implementation of religious freedom in the light of harmony, and for preventing it from the misuse or desecretion. It is in this moment that Law No.1/PNPS/Th.1965 has been regulated to control the religious freedom in the light of harmony
Perkembangan Pengujian Perundang- Undangan di Mahkamah Konstitusi
Get PDFThe judiciary is a tools to find justice. The Constitutional Court of Republic of Indonesia (MKRI) who attended after the 1945 amendment also established to fulfill the desires of the justice seeker. The Efforts to comply the sense of justice depends on how the constitutional court judges deciding cases. If the judge of the constitutional court failed to parse the meaning of substantive justice, it found the unfair justice. It’s fair according to the judge verdict, but it was unable to fulfill the desires of the justice seeker. The step of judges to find the justice known as the concept of judicial activism. And its consisting in constitutional court authority namely as judicial review. Within seven years since the MKRI have been formed, the court has become an institution recognized by the justice seeker through the decisions. In fact, the court not only courageous in deciding the facts of the existing law, but further than that, the court also made a bold reform in its verdict forms