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All Journal STAATSRECHT: Indonesian Constitutional Law Journal STAATSRECHT: Indonesian Constitutional Law Journal JOURNAL of LEGAL RESEARCH
Abdul Qodir
Universitas Islam Negeri Syarif Hidayatullah Jakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : STAATSRECHT: Indonesian Constitutional Law Journal

 1 
Putusan Mahkamah Konstitusi Nomor 13/PUU-XV/2017 Tentang Uji Materil Pasal 153 Ayat (1) Huruf F Undang-Undang Nomor 13 Tahun 2003 Ditinjau Dari Aspek Keadilan Faqih Afif Ridlo; Abdul Qodir
STAATSRECHT: Indonesian Constitutional Law Journal Vol 3, No 2 (2019)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v3i2.13865

Abstract

AbstractThis study aims to find out the legal basis for the Constitutional Court's consideration in granting material judgments in Article 153 Paragraph (1) letter f of Law Number 13 Year 2003 concerning Labor that is considered to be contradictory to the 1945 Constitution Article 28B Paragraph (1) and Article 28D Paragraph (2) . In addition to knowing aspects of justice and benefits to the legal considerations of the Constitutional Court which grants the material test Article 153 Paragraph (1) letter f of Law Number 13 Year 2003 concerning Labor. This research method uses a normative juridical legal research approach, while the type of research used is qualitative analytical descriptive, and data collection techniques are library research. From this research it is known that the granting of the marriage of workers in one company is to safeguard the basic rights of workers, namely the right to work and also the right of family and continuing offspring, as stated in Article 28B Paragraph (1) and Article 28D Paragraph (2) of the 1945 Constitution. This is a form of fulfillment of the state of basic rights that must be possessed by all Indonesian people as a whole without exception as a form of justice.Keywords: Decision, Constitutional Court, Justice Aspects
The Impact of the Decision of the Constitutional Court Number 30 / PUU-XVI / 2018 on the Institution of the Regional Representative Council Muhammad Al-Fatih; Mujar Ibnu Syarif; Abdul Qodir
STAATSRECHT: Indonesian Constitutional Law Journal Vol 5, No 1 (2021)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v5i1.20768

Abstract

This study aims to determine the background of the filing of the Constitutional Court case lawsuit Number 30 / PUU-XVI / 2018 and understand the influence of the Constitutional Court decision Number 30 / PUU-XVI / 2018 on the Institutional Council of Regional Representatives. The research method used in this research is juridical normative with a statutory approach, a historical approach, and a conceptual approach obtained from data collection techniques through literature study through the statutory regulatory approach that refers to the 1945 Constitution, the Law, and the Constitutional Court Decisions. related to the theme of the discussion. The results of the study show that the background for filing a lawsuit against the Constitutional Court Decision Number 30 / PUU-XVI / 2018 is that there is no clear meaning to the phrase “other work” in Article 182 letter I of the Election Law that has provided space for political party functionaries as candidate members DPD. In addition to the impact of the decision of the Constitutional Court Number 30 / PUU-XVI / 2018 is the issuance of the Final List of Candidates (DCT) for DPD candidates issued by the General Elections Commission (KPU) as a follow-up to implementing the Constitutional Court Decision in which the KPU has crossed out the candidates. DPD members who still serve as functionaries of political parties.
Co-Authors Amalia Hasnah Faqih Afif Ridlo Kholifah Kholifah Mufidah Mufidah Muhammad Al-Fatih Mujar Ibnu Syarif Quthub Al Faruqi Zaitunah Subhan