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Judicial Law-Making and the Limits of Constitutional Adjudication: Reassessing Judicial Power in Indonesia after Decision No. 92/PUU-XXII/2024
No full textThis article examines the implications of Constitutional Court Decision No. 92/PUU-XXII/2024 for the limits of judicial authority and Indonesia’s constitutional design. The decision not only reviews the constitutionality of Article 118(e) of the Village Law but also formulates an operational norm through conditional interpretation, signaling a functional shift of the Court from its classical role as a negative legislator toward judicial law-making. Employing a doctrinal legal approach with conceptual analysis and limited comparison, the study analyzes the decision, relevant legislation, and constitutional theory literature using qualitative content analysis within the theoretical frameworks of Hans Kelsen, Alec Stone Sweet, Ran Hirschl, and Mark Tushnet. The findings demonstrate that the Court’s normative intervention operates as a corrective mechanism to address legal uncertainty and to protect constitutional rights, while simultaneously generating structural tensions with the principles of separation of powers and democratic accountability. The article argues that the normalization of the Court’s role as a positive legislator risks incrementally altering the institutional balance without sufficient democratic legitimacy. The study’s main contribution lies in integrating national doctrinal analysis with global constitutional debates on the limits of judicial law-making in constitutional democracies, particularly in developing countries with unstable legislative dynamics
Telaah Yuridis terhadap Putusan Mahkamah Konstitusi Nomor: 92/PUU-XXII/2024 dalam Perkara Pengujian Undang-Undang Desa
Get PDFThe simultaneous election of Village Heads (Pilkades) in South Konawe Regency on September 24, 2023 is crucial after the issuance of Law Number 3 of 2024. Although the Constitutional Court in Decision Number 92/PUU-XXII/2024 stated that the Regional Elections were in accordance with Law Number 6 of 2014 concerning Villages, the facts are contrary to Article 32 paragraph 1 of the Village Law regarding the notification of the end of the term of office of the village head. This research aims to analyze the Constitutional Court's considerations in case 92/PUU-XXII/2024 from the perspective of justice and the principle of the rule of law. This research employs a normative legal method, utilizing both a statutory approach and a case approach, with a focus on examining Article 118, letter e of Law Number 3 of 2024. The Constitutional Court judge's consideration that the Regional Elections in South Konawe were by the Village Law factually contradicted Article 32 paragraph 1 of Law Number 6 of 2014. A total of 94 village heads still have 7 months remaining in office and 2 other village heads 14 months when the election is held, even though the notice of term of office should have been made 6 months in advance. This makes the Constitutional Court's consideration juridically flawed and contrary to the principle of the rule of law, so that the applicant's application should be rejected.Pemilihan Kepala Desa (Pilkades) serentak di Kabupaten Konawe Selatan pada 24 September 2023 menjadi krusial pasca terbitnya Undang-Undang Nomor 3 Tahun 2024. Meskipun Mahkamah Konstitusi dalam Putusan Nomor 92/PUU-XXII/2024 menyatakan Pilkades telah sesuai Undang-Undang Nomor 6 Tahun 2014 tentang Desa, faktanya bertentangan dengan Pasal 32 ayat 1 UU Desa mengenai pemberitahuan berakhirnya masa jabatan kepala desa.
Penelitian ini bertujuan menganalisis pertimbangan Mahkamah Konstitusi dalam perkara 92/PUU-XXII/2024 ditinjau dari aspek keadilan dan prinsip negara hukum. Penelitian ini menggunakan metode hukum normatif dengan pendekatan perundang-undangan (statute approach) dan pendekatan kasus (case approach), berfokus pada pengujian Pasal 118 huruf e Undang-Undang Nomor 3 Tahun 2024. Pertimbangan hakim MK yang menyatakan Pilkades di Konawe Selatan telah sesuai dengan Undang-Undang Desa secara faktual bertentangan dengan Pasal 32 ayat 1 Undang-Undang Nomor 6 Tahun 2014. Sebanyak 94 kepala desa masih memiliki sisa masa jabatan 7 bulan dan 2 kepala desa lainnya 14 bulan saat pemilihan dilaksanakan, padahal seharusnya pemberitahuan masa jabatan dilakukan 6 bulan sebelumnya
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
Author-wise bibliometric analysis based on entropy.
No full textAuthor-wise bibliometric analysis based on entropy.</p
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