Jurnal Konstitusi
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Telaah Putusan MK dalam Sengketa PHPU Pilpres 2004 (Perspektif Negara Demokrasi Konstitusional)
Get PDFThis paper aims to examine the extent of the impact of the decision of the Constitutional Court of the Republic of Indonesia No. 1/PHPU.PRES-XII/2014 related PHPU 2014 presidential election dispute in relation to the strengthening of the constitutional legitimacy of the democratic state based on law and the constitution. Constitutional Court Decision No. 1/PHPU.PRES-XII/2014 gives importance to the development of our constitutional democratic system of government in the modern era. The Constitutional Court’s decision gives the meaning of democracy in a substantial sense of justice substantive. As a state agency to maintain and oversee the constitution, the Constitutional Court has been performing its functions and powers under the provisions of Section 24C of the 1945 Constitution and Law No. 24 of 2003 on the Constitutional Court. The Constitutional Court is a high state institution that is authorized through Section 24C of the 1945 Constitution, which is the authority to hear at the first and last are the final and binding nature of the decision, which among other things PHPU deciding the case, and based on Law No. 24 of 2003 as amended by Law Law No. 8 of 2011 concerning Amendment to Law Number 24 of 2003 on the Constitutional Court, and Article 29 paragraph (1) letter d Act No. 48 of 2009 on Judicial Power of the Constitutional Court, in essence the same, which is authorized to hear at the The first and last are the final and binding nature of the decision, including the case PHPU. In this sense the decision of the Constitutional Court put an end to various political opposition including the closing of all the dynamics of the political interpretation of the law that developed in the community
Konstitusionalitas dan Model Pendidikan Karakter Bangsa Pasca Putusan Mahkamah Konstitusi
Get PDFConstitutional Court Decision No. 100/PUU-XI/2013 stated that Pancasila as a basic state declared in the the 1945 preamble can not be equated with the 1945 Constitution, Unity in Diversity, and the Unitary State of Indonesia declared as the pillars of the nation and state as cited in the Article 34 paragraph (3b) letter a. Considering the benefits of the nation’s effort to build a character, the Constitutional Court declared constitutional effort of political parties and other state agencies that carry out political education through the dissemination of Pancasila, the 1945 Constitution, Unity in Diversity. The Court sets a model of character education necessary to be developed which is not limited in the for pillars but it includes some other aspects such as the state of law, sovereignty, an insight of archipelago, national defense, and so forth. The government basically hold the primary responsibility for implementing character education for its citizens. Thus, the government needs to consider of alternatives to establish a special agency to formulate and implement effective national character education
Sengketa Pemilukada Kotawaringin Barat (Analisis Terhadap Putusan MK No. 45/PHPU.D-VIII/2010 dari Perspektif Hukum Negara dan Hukum Islam)
Get PDFIn addressing the problem Dispute of Election Results (PHPU) of West Kotawaringin, the Constitutional Court (MK) has made a controversial decision. The decision was not only disqualifying candidates, but also ordered the Local Election Commission to appoint elected mayor and deputy mayor. Some experts argue this decision exceeds the authority of the Court. Some other judge that the Court is correct. The Act does give authority to the Constitutional Court to try a PHPU case but not explicitly regulate and define the authority to disqualify a winner. Thus, this decision is an ijtihad of the judges. From the law and legislation of view the decision was not contrary to law. In the Islamic perspective, the decision was in line with maqashid ash-Sharia (Shari’a purposes)
Pembelajaran Hukum Melalui Perppu Nomor 1 Tahun 2013
Get PDFGovernment regulation in lieu of law is regulation released by president subjectively in force majeur condition. The change of law through the regulation is an extraordinary in nature. An extraordinary change through the government regulation in lieu of law depict a condition which put aside the change of law in normal way. The quality of the government regulation in lieu of law can be measured from the content of the regulation either from the changes made or the addition of something new that has not existed. As a regulation which contains the substance of law, the presiden’s subjectivity must objectivized through the House of Representatives. The consequence is that the regulation must be accepted or unaccepted. If accepted, then the regulation will become law. The change of law through government regulation in lieu of law will increase the qualitiy of law because enforceability of the regulation is examined empirically by the House of Representatives. Otherwise, if not acepted, the regulation will not be enforceable and evrey provision contained therein will no longer have binding force of law. Thus, the former law will prevail
Komparasi Mekanisme Penyelesaian Sengketa Pemilu di Beberapa Negara Penganut Paham Demokrasi Konstitusional
Get PDFEvery country in the world, moreover in every country which has implemented the way of life of democcratic and nation, presume that election is one of the important element as a marker of democracy of the country and also has a practical function of government political as a succession’s tool between the government parties and the oposition parties. In every democratic constitutional state, the election process has a purpose to embody will of the people into pattern of power without violence.The election process will not only be assessed by sticking to the existing legal framework but the laws, codes of conduct of the election and its implementation needs to be tested and adjusted if it is in accordance with its primary purpose or not without ignoring the rights of individuals or people. In the process of the general election, the election process does not always run smoothly. Various obstacles in the implementation of good elections that occurred both during and previous election, is a problem that certainly would have widely spread impact if not immediately resolved. The existence of problems in the election related to dissatisfaction of decision of the election or criminal violations and administrative which can influence the result of election is commonly known by electoral disputes. In order the election dispute does not disturb the constitutional system or system of government of a country or region, it requires an electoral dispute resolution mechanisms that effective and can give a fair decision to the parties.The main problem is how the benchmark of an electoral dispute resolution mechanisms that are effective? Because, if traced further and reflect on democracies country in the world, not all democracies country, especially the democracies country which basing on the supremacy of the constitution, has the same electoral dispute resolution mechanisms between one country to another country. This is very important, because by knowing the measure or the benchmark of the effectiveness of an electoral dispute resolution mechanisms, we can consider to choose which electoral dispute resolution mechanisms that appropriate and give the fairness to the parties and society in general
Perubahan Makna Pasal 6A Ayat (2) UUD 1945
Get PDFThis article examines the changes in the meaning of Article 6A paragraph (2) of the Indonesian 1945 Constitution, related to the requirements for nominating Presidential and Vice Presidential candidates by a political party or an alliance of parties contesting in the parliamentary election prior to the Presidential election. Further provisions termed more precisely in Article 9 of Law No. 42 of 2008 on Presidential and Vice Presidential Election; some additional requirement that political parties or alliance of parties gain valid votes of at least 20% of total votes nationally or a minimum 25% of seats in the House of Representatives, which is conceptually known as ‘presidential threshold’. Based on the Constitutional Court Verdict No. 51-52-59/PUU-VI/2008, provisions on the candidacy at the Act level were declared constitutional with some terms, that there are some dissenting opinions among judges who adjudicated the constitutional norms during the judicial review of the Act. Examination results obtained is that there have been change in meaning, in this case, the change takes a form of narrowing of meaning of the normative provisions of Article 6A paragraph (2) in a consequence to the provisions set in Article 9 of Law No. 42 of 2008. In order to provide legal certainty associated to the narrowing of this provision’s meaning, an ammendment is required to Article 6A paragraph (2) to reinforce the measures in the Presidential and Vice Presidential candidate nomination, in this case whether it is in line with the Constitutional Court verdict on judicial review of Article 9 of Law No. 42 of 2008 on Election of President and Vice-President or not
Model dan Implementasi Putusan Mahkamah Konstitusi dalam Pengujian Undang-Undang (Studi Putusan Tahun 2003-2012)
Get PDFResearch concerning model and implementation of Constitutional Court Verdicts in Judicial Review of Law against the 1945 Constitution constitutes juridical normative research using secondary data which is primary legal material namely Constitutional Court verdicts issued from 2003 until 2012. This research aimed at identifying decisions of which the dictum say it granted the petition submitted at the Court so that a comprehensive and integrative description of the model and implementation of Constitutional Court verdict can be found out. Article 56 Paragraph (3) and Article 57 Paragraph (1) of Law No. 24 Of 2003 as amended with Law No. 8 of 2011 on the Amendment of Law on Constitutional Court stipulate that in case a petition is granted, the Court will, at the same time, declares that a law is contradictory to the 1945 Constitution either wholly or partially and legally null and void since declard in an open court. This research found out that there are other models of verdict with their own characteristics. Condititonally constitutional and conditionally unconstitutional verdict is basically a model of decisions which do not legally nullify and declare a norm null but these two models contain interpretation of a content of a paragraph, an article and/or part of a law or the whole part of a law which is basically declared contradictory or not contradictory to the Constitution and still have the force of law or do not have the force of law. A limited constitutional model of verdict which postpone an enforcement of a decision which basically aims at providing some time for transition of the provision which has been declared contradictory to the constitution to remain in force until a certain time in the future. Another model of verdict is a decision which formulate a new norm in order to cope with the unconstitutionality of implementation of a norm. This new norm is temporary in nature and will be included in the new law or revision of related law. The implementation of Constitutional Court decision can be inferred from the model of the decisions. A self-executing force can generally be applied to a legally null and void model of verdict and a model of verdict which formulates new norms. Conditionally constitutional, conditionally unconstitutional and limited constitutional model of verdict is non self-executing. This models must go through legislation process either with revision of laws or making of new laws and regulation process for the ordinances made under any acts
Mengembalikan Tanggung Jawab Negara dalam Pendidikan: Kritik Terhadap Liberalisasi Pendidikan dalam Uu Sisdiknas dan Uu Bhp
Get PDFIndonesia’s Constitution has mandated that the state has a goal to develop nation’s intellectual. In that framework, the state should have responsibility for the education of the whole people of Indonesia. But by globalization, through the WTO and GATS, Indonesia has been directed toward the liberalization of education. Liberalization is done through legislation that directs the autonomy of state-owned educational institutions, maximizing the role of communities in the state and minimize the role of the state, the format of “Badan Hukum Pendidikan” for all educational institutions, and opening the world of education for foreign educational institutions
Pembatalan UU BHP dan Pendidikan Berbasis Humanistik
Get PDFMahkamah Konstitusi (MK) has postponed the Constitution (UU) Number 9 Year 2009 dealing with Educational Law Institutions (BHP) since it is evaluated violating UUD 1945. MK evaluates that this UU BHP is against the UUD 1945 so that any expectations from the people expect it should be brought on. UU BHP inspite of uniforming the form of educational law institutions so that it ignores the form of any other law intituions such as private organization, waqaf, and so forth, also gives the justification to the commercialism practices and education capitalism, which dangerously cause the threatened human rights of poor people in gaining proper education or humanity
Pengujian Ketentuan Penghapusan Norma dalam Undang-Undang
Get PDFTheoretically and practically (judicial review), include two types, namely formal verification (formale toetsingrecht) and material verification (materielle toetsingrecht). The formal verification is an authority of assessing whether or not a legislative product is produced in accordance with the prevailing procedures. While a material verification is an authority to examine and measure whether or not a legal regulation contradicts with a higher level regulation, as well as whether or not an authority has the right to establish a certain regulation. Article 51 paragraph (3) of Law Number 24 Year 2003 regarding Constitutional Court state about it. In this context, material verification include extensive material, ie the whole matter of law, in part, or a small part of a word or even punctuation that can affect the norm. Thus, the provisions not only affect the meaning, but even the existence of a norm should be examined by the Constitutional Court. In addition, the loss of norms can violate constitutional the rights of citizens’