Jurnal Konstitusi
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Perluasan Makna Partisipasi Masyarakat dalam Pembentukan Undang-Undang Pasca Putusan Mahkamah Konstitusi
Get PDFPublic participation is intended the idea of forming laws and regulations does not always have to come from the power holders only, but can emerge from the society. This paper aims to determine the impact of the Constitutional Court’s decision Number 91 PUU XVIII 2020 on the formation of laws in Indonesia, especially in accommodating public participation which is limited to two main issues. First, how is the form of expanding the meaning of public participation in the Constitutional Court’s decision Number 91 PUU XVIII 2020. Second, what is the impact of expanding the meaning of public participation in the formation of laws. This doctrinal legal research uses secondary data. The results of the study show that the form of expanding the meaning of public participation in the Constitutional Court’s decision Number 91 PUU XVIII 2020 is carried out in a meaningful way, by providing guarantees of participation for affected communities and the impact of expanding the meaning of public participation in the formation of laws, namely changing the paradigm of law formation, improvement of regulations and strengthening of public participation as a basis for formal testing
Parate Executie dalam Fidusia Menurut Ratio Decidendi Putusan Mahkamah Konstitusi
Get PDFThis article aims to analyze legal subjects whose rights have been violated by the Fiduciaire Act. The Act law can be revoked by the Constitutional Court. The act that violates the rights of subjects is the rule in the provisions of parate executie on Fiduciaire Act. The first analysis is the ontology of parate executives that inflict certain subjects, and the second analysis is the ratio decidendi decision of the Constitutional Court Number 18/PUU-XVII/2019. This paper uses dogmatize analysis. The decisions of the Constitutional Court are analyzed with the doctrine of experts and regulations. Parate execution is a right attached to the recipient fiduciary which can exercise if the fiduciary giver breaks the commitment. Collateral is auctioned through a public offering submitted by the recipient of guarantee. Default by a fiduciary giver occurs if there is an agreement between the giver and the fiduciary recipient. Default occurs based on legal remedies in determining the default. The agreement of the collector with the fiduciary acquirer, the emergence of a broken pledge experienced by the fiduciary giver can give birth to a parate executie
Karakteristik Pemakzulan Presiden di Indonesia
Get PDFOne of the features of the presidential system is the process of presidential impeachment. Before the amendment, Indonesia did not have a clear mechanism to impeach the president in the middle of his term. The impeachment of the president is determined by a majority vote in the People’s Consultative Assembly. This is a problem because the impeachment of the president only uses a political process, and there is no legal process in it. After the amendment, the presidential impeachment concept was born that in a presidential system, the president cannot be dismissed only through a political process; there must be a legal process before the political process. Based on the analysis, the process of presidential impeachment in Indonesia does not follow the principle of checks and balances. This is because the impeachment process for the president in Indonesia does not involve the second chamber in the proces
Anomali Asas Non-Retroaktif dalam Kejahatan Genosida, Bertentangan dengan HAM?
Get PDFThe crime of genocide is one of the most serious international crimes stipulated in the Rome Statute. Previously, genocide was regulated in the Convention on Genocide entered into force on 12 January 1951. The convention and the Rome Statute do not allow retroactivity. However, retroactivity appears in the Indonesian Law on the Human Rights Court and is strengthened through the Indonesian Constitutional Court\u27s Decision. This study focuses on the neglect of the non-retroactive principle in the Law on Human Rights Courts and the extent to which the retroactive period. This research uses normative-legal method with a statutory and case approaches. The result shows that ignoring the non-retoactive principle is contrary to international law and international human rights regulations. Hence, the Constitutional Court\u27s decision that strengthens retroactivity can be interpreted that the Court maintains human rights while at the same time violates human rights by not accurately interpreting the word “derogation” and “restriction” in Article 28J of the 1945 Constitution
Eksistensi dan Urgensi Peraturan Menteri dalam Penyelenggaraan Pemerintahan Sistem Presidensial
Get PDFThis research aims to analyze Ministerial Regulations in Indonesian governmental affairs. It is normative legal research with the statute and conceptual approaches. The results of this research show in a presidential system, the position of ministry is a president’s assistant. Thus, they could not be granted attributed authorities through an act. However, the ministerial regulations remain necessary in governmental affairs, especially as a technical law for governmental and presidential regulations. They regulate and operate certain sectors of each ministry. In addition, specific governmental sectors could not be regulated proportionally by using either presidential or even governmental regulations because a governmental regulation has specific legal aims as technical provisions of acts
RETRACTED: Politik Hukum Pemerintah dalam Penanganan Pandemi Covid-19 Ditinjau Dari Perspektif Hak Asasi atas Kesehatan
No full textJurnal Konstitusi has retracted article titled: "Politik Hukum Pemerintah dalam Penanganan Pandemi Covid-19 Ditinjau Dari Perspektif Hak Asasi atas Kesehatan" by M Beni Kurniawan, from Vol. 18, No. 3 (2021) since there has been similar publication found in Jurnal HAM Vol. 12, No. 1 (2021).This retraction announcement is necessary to maintain publication ethics
Urgensi Shared Responsibility System dalam Manajemen Hakim
Get PDFDiscourse regarding the management of judges in Indonesia continues to emerge, especially triggered by the change of judge status from originally civil servants to state officials. In addition, the one-stop-system factor which still leaves a lot of problems gives birth to new ideas, namely the Shared Responsibility System concept or distribution of authority in judge management which the Draft is now being formulated by the DPR in the form of a draft bill on the position of judges. In many countries, the concept is commonly practiced and in line with the theory of checks and balances between state institutions in order to realize justice accountability. The research used to discuss these problems is juridical normative with a prescriptive research typology. The type of data used in this study is secondary data. The study results concluded that it is necessary to think of a way out as a new concept in improving judicial management. The solution offered was that the management of judges to be no longer carried out by one institution, but requires the involvement of other institutions
Kebijakan Impor Indonesia Atas Produk Hewan Pasca Putusan Mahkamah Konstitusi Nomor 129/PUU-XIII/2015
Get PDFThis article examines on how Indonesia’s import policy on animal products after the decision of Constitutional Court Number 129/PUU-XIII/2015 should be improved in accordance with the legislation formation and international trade rule. This article was based on normative juridical research supported by interviews with several officials of the Indonesian Ministry of Trade in Jakarta, and focus group discussion with some academics of the Universitas Gadjah Mada in Yogyakarta. The data were analyzed qualitatively using inductive approach. This article concludes that this Indonesia’s import policy is consistent with the formal principle of regulation formation, but does not fully comply with the substantive principle. This Indonesia’s import policy is in accordance with the regionalization and harmonization principles of the WTO SPS Agreement. However, it seems to be inconsistent with Article XI.1 GATT, because it requires certain conditions categorized as quantitative restrictions
Eksistensi Kedudukan Peraturan Menteri terhadap Peraturan Daerah dalam Hierarki Peraturan Perundang-Undangan
Get PDFMinistrial Regulations as Legislative Regulations aren’t regulated in their position. This causes hierarchy confusion in the Ministerial Regulation faced with the Regional Regulation. This study aims to determine the hierarchy of regulation of Ministerial Regulations and the legal consequences that arise between it if they are mentioned in the hierarchy. This paper’s method is normative-juridical with descriptive analysis. This paper uses library research and interviews. The data analysis method used is qualitative analysis. The result of this research is that Law Number 12 of 2011 concerning the Establishment of Legislation doesn’t regulate Ministerial Regulations either being part of the hierarchy or from outside the hierarchy. Even so, viewed from the concept of a unitary state, ministerial regulations are part of the central level legislation. When the Ministerial Regulation is put up against the Regional Regulation, this has a number of legal effects
Format Ideal Tindak Lanjut Putusan Mahkamah Konstitusi untuk Mengefektifkan Asas Erga Omnes
Get PDFThis article aims to find the ideal format to implement the Constitutional Court (MK) decision through the principle of erga omnes. The erga omnes aims to guarantee the protection of human rights for all citizens. However, the principle of erga omnes cannot be implemented properly due to the gap between adressat and the verdict issued by the MK. This inconsistency and disobedient will result in decline of the erga omnes. An ideal system is needed to improve the application of the Constitutional Court\u27s decisions in accordance with the principle of erga omnes. The results showed that to maximize the principle of erga omnes requires cooperation between the MK and other state institutions or adressat. This can be combined with the implementation of judicial deferral and the provision of deadlines for the follow-up of decisions imposed on adressat as a representation of determining legal boundaries and certainty