Jurnal Konstitusi
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Pemilu Kepala Daerah dalam Transisi Demokrasi
Full text linkThe election of regional head has a strategic position to building democracy in transition. In order that the election of regional head can creating a dignified democracy, the implementation of its should be based on the principle of the general election i.e: independent, fair, equitable, rule of law; the orderly election, transparency, proportionality; professionalism, accountability, efficiency, and effectiveness
Menakar Perlindungan Justice Colaborator
Full text linkCorruption is one form of systematic organized crimes performed with complicated modus operandi. Disclosing of this crime, in addition to requiring special equipment, also needs a certain method. One of the methods is using actors who collaborate or justice collaborator. The provisions on justice collaboratororiginally referred to Article 10 paragraph (2) of Law No. 13 of 2006 on Protection of Witnesses and Victims –but there are indications that these provisions do not provide protection to the justice collaborator. Because even though he plays as a collaborating actor, it does not result in a loss of authority of the state to prosecute the concerned. This provision is considered violating the principle of lex certain criminal law, for its ambiguity and multiple interpretations. Constitutional Court in its decision No. 42/PUU-VIII/2010states that Article 10 paragraph (2) regarding a quoprovision is not contrary to the 1945 Constitution. Without realizing it, Constitutional Court has come affirming the lack of protection on the collaborating actors. The fate of justice collaboratorthen finds the clarity in Article 10 paragraph (1) of Law No. 31 of 2014 on Protection on Witnesses and Victims. In the future, with reference to a quo provision, there is no guarantee to the justice collaboratorthat he would not be prosecuted either criminal or civil, except for statements or testimony that is not done in good faith. Besides regulated under legislation of Witnesses and Victims Protection, protection of the justice collaboratorhas also been set in UNTOC 2000 and UNCAC 2003
Kejahatan Terselubung di Balik Kertas Suara Tidak Sah yang Gagal Dicegah oleh Pasal 46 Peraturan KPu No.16 Tahun 2010
Full text linkArticle 46 KPU Regulation No.16 of 2010 count the percentage of the gaining votes of each candidate pair from the total of valid ballot paper. The invalid ballot paper is totally neglected. Thus the democratic right of those people who has an invalid votes is neglected as well. More over a danger implication of this article is a hidden crime that can be planned systematically by increasing the percentage of the gaining votes through out the invalid ballot paper. The more the number of invalid ballot paper, the most the percentage of the gaining votes. If a total number of valid votes is a for a candidate pair A, a total number of valid votes is b for a candidat pair B, according to the survey for example, and a/ (a+b) < b/(a+b) then a candidate pair A can increase mathematically their gaining votes to at least 30,01 % by planning at least t + s total number of invalid ballot paper such that t and s satisfy the inequality s>b – 69.99(a-t)/30.01 where t is the number of invalid ballot papers that should be subtracted from the total gaining vote of the candidate pair A and s is the number of invalid ballot papers that should be subtracted form the total gaining vote of the candidate pair B. This type of a hidden crime some time can be detected by the statistic but some time can not. The detectable hidden crime can be analyzed by Chi-Square formula. This paper provide a simulation how to detect these type of hidden crime. We use the Chi-Square formula, with 0.05 level of significance, to detect these hidden crime. The paper begin with the simulation how to increase the gaining votes at least 30,01 %
Politik Hukum Putusan MK Nomor 36/PUU-X/2012 dalam Upaya Mengembalikan Kedaulatan Negara dan Perlindungan HAM
Full text linkThe background of this paper departs from concern over the fragility of the value of Indonesia\u27s sovereignty which has an impact on the violations of the rights of Indonesian citizens (human rights). Law No. 22 of 2001 on Oil and Gas (Oil and Gas Law) has undermined the sovereignty of the state and the nation\u27s economic sovereignty. Oil and Gas Law poses systemic impact on people\u27s lives and could harm the country\u27s finances. This is because oil and gas law opened liberalization of oil and gas management which is highly dominated by foreign entity since oil and gas world in Indonesia is dominated by foreign companies up to 89 percent. Therefore, in an effort to restore the sovereignty of the Republic of Indonesia in the field of oil and gas, the Constitutional Court as a State institution has taken progressive step in its decision No. 36 / PUU-X / 2012 on the dissolution of BP Migas. The legal policy of the Court decision constitute a wise choice and is a progressive step in the field of law, especially the protection of human rights of the people of Indonesia
Dinamika Konsepsi Penguasaan Negara Atas Sumber Daya Alam
Full text linkDiscourse concerning state control concept on natural resources in Article 33 clause (3) of the 1945 Constitution is very dynamic. Such dynamic can be seen on a variety of conceptions of state control rights on natural resources formulated in various acts in natural resources area. Lack of single concept on ‘state control right’ will impact to unfavorable situation where natural resources shall escape from conception of state control right and into control not by the state. The Constitutional Court as the Guardian and Interpreter of the Constitution has a significant role to ascertain that an act in natural resources area really adopt the principle of state control on natural resources in Indonesia. This article analyzes on dynamics of conception of state control on natural resources in various acts and the role of the Constitutional Court in guarding and interpreting acts in natural resources in order to be in accordance with Article 33 clause (3) of the 1945 Constitution. From the result of analysis a conclusion is achieved that there are many different concepts of state control on natural resources in various acts in natural resources area. The Constitutional Court indeed has made interpretation on state control right. In order to make the conception stronger it is necessary to have an act in natural resources area as instruction of Article 33 clause (5) of the 1945 Constitution that further provisions of Article 33 shall be regulated by an act. Moreover, DPR (The House of Representatives) and the Government have to make certain or definite the concept of state control right in every draft bill of natural resources area so that liberalism and capitalism stream will not erode the principle of state control right
Politik Hukum Pengujian Peraturan Perundang-Undangan dalam Penyelenggaraan Negara
Full text linkLegislation or commonly called the law is a political product. Politics is a field in the society which relate to public goals, and the law as one of the fields in society is always linked to the goals of society. Because of being associated with these objectives, the law has its own dynamics side. In its socio-political dynamics there is always a message that wants to be heard, known, understood, and then executed by the addressee, which is the organizer of state power, political power holders. In the perspective of constitutional law that message then becomes a goal in organizing the state and then organized into a political structure as the procedures in the administration of the state in order to reach the goal of the state. The meaning of a more democratic state administration and based on law as a goal in the amendment of the 1945 Constitution was to provide a constitutional basis, (i) equal relationship between state and society based on rights and obligations in reciprocal nature; (ii) the equal relationship between state institutions based on checks and balances system; (iii) strengthening the independence and impartiality of judicial authority to guard the running of the legal and constitutional system. Review of egal products in state administration through judicial mechanism aims to provide a guarantee for the implementation of these relationships and the running of the legal and constitutional system in accordance with the 1945 Constitution