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Journal : Jurnal Konstitusi

EKOLOGI KONSTITUSI: Antara Rekonstruksi, Investasi Atau Eksploitasi Atas Nama NKRI Mukhlish, Mukhlish; Lutfi, Mustafa
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (598.434 KB) | DOI: 10.31078/jk%x

Abstract

This state is basically recognized as a rich state, either in term of ecological side or in term of cultural potency and ideological varieties, as the inheritance of motherland. However, this is so sad when we ironically saw a bunch of tragedies which are tragically occurred, start from tsunami, and other issues such as the scandal of century that seems to be unsolved! Moreover, nowadays, the environmental problem has occurred and reached its highest culmination point. The environmental destruction and pollution process have uncontrollably happened. Noting so many catastrophes happened anywhere in this state; such as floods, landslides, earthquakes, lapindo mud tragedy, roads vanishing, illegal logging, forest function shift, and many others, is so an ironic thing. These all catastrophes become such a sign  of  inharmonic  relationship exist between the state, human and the environment. Then, should we always blame these disaster s for the governments’ fault that, in such this multidimensional crises and demoralization that full of utopia and ironical images, seems to be unaware of their main position? The law is neutered and naked from its constitutional essence. This terrible condition can be impossibly happened when our representatives in the government are loyally take taken a side of the important of their party through the political campaign appointments which seem to face stagnation in its implementation and not loyal to the true mandator. Perceiving this such phenomenon, we need not only a kind of law penetratin that progressifely and integratifally can become an elegant problem solving for achieving of the aims of ongoing developmnet that  can fully protect the importance of the environment and human life intentions but a moral forces and people power that should be continuallly implemented. Hence, the urgency of law management, ecological tutorial awaraness and the success of environmetal living management in term of national law development, becomes a final destination of this writting. Moreover , this writing is a kcorrection of the unclear control and maintenanceof the law of environmental   administration.
Constitutional Question (Antara Realitas Politik dan Implementasi Hukumnya) Hamidi, Jazim; Lutfi, Mustafa
Jurnal Konstitusi Vol 7, No 1 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (774.087 KB) | DOI: 10.31078/jk%x

Abstract

The emergence of political  and  constitutional  law  discourses,  side by side with the growth of democracy in Indonesia, is developing progressively and dynamically. In reality, this nation  is  under  great tests which determine whether the state is still holding its constitutional commitment on upholding the rule of law.  In the other side, the face of  law enforcement in this state is under an immense storm of urgent issues that need immediate solution which is: can this state provide “justice” unto all of its citizens? This issue is a huge homework for all the nation’s elements in the  future.The establishment of the Constitutional  Court  which  regulated  in the 1945 Constitution surely related to the constitutional reformation which deemed as a necessity and an important agenda that should be applied fundamentally. The existence of the Constitutional Court in the constitutional system of the Republic of Indonesia simultaneously casting new hopes for any justice-seekers. The surfacing question now is will the Constitutional Court capable in faithfully guarding the democracy  and fair constitutionality in the verge of society that has already loose confidence towards justice institution? This simple and short writing attempts to study and discuss on constitutional question, including   on how its political reality and its legal implementation in Indonesia,    and also a slight hope of this writing in enriching the references for any justice-lovers in this  nation.