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Pembentukan Mahkamah Konstitusi Sebagai Pelaku Kekuasaan Kehakiman di Indonesia Sutiyoso, Bambang
Jurnal Konstitusi Vol 7, No 6 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

Establishment of the Constitutional Court marks a new era in the power of the judiciary system in Indonesia. Some areas that had not been touched (Untouchables) by law, such as judicial review issues on the Constitution, can now be done by the Constitutional Court, including the authority, other authority provided for in the 1945 Constitution after the amendment. Besides, the existence of the Constitutional Court must also be equipped with a clear organizational structure, adequate procedural law, legal principles and sources of law that the Constitutional Court made reference in carrying out its duties and judicial authority. The emergence of the Constitutional Court as a principal judicial authorities are expected to become entry points which promote the establishment of a modern system of judicial authority in Indonesia.

Kewenangan Mahkamah Konstitusi dalam Pemakzulan Presiden dan/atau Wakil Presiden di Indonesia Sutiyoso, Bambang
Jurnal Konstitusi Vol 7, No 1 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

The idea of impeachment (pemakzulan) towards the incumbent president of Indonesia surfaces recently. This could be the cause of two main grounds. First, regarding the ongoing investigation process of the Century Bank case. In the beginning, the presumption charges merely towards the monetary policy officials and the concerning president’s assistants, but during the further investigations, a number of political parties, in not so vigorously manner pointed the charges to the incumbent presidents because of the indication of responsibility toward the bailout process of Century Bank. Second, the idea of presidential impeachment got its nudge when the Constitutional Court also declaring that its components are ready in processing the impeachment petition, after it has surfaced the Constitutional Court Rule (Peraturan Mahkamah Konstitusi) No. 21/PMK/2009 on the Guidelines in Judicial Procedures in Hearing the Parliamentary Petition in Violation Charges Towards President of the Republic and/or Vice President of the Republic. Third, Presidential and / or Vice Presidential Impeachments has already been occurred in the history of Indonesian nation, namely towards past Indonesian Presidents such as Sukarno, Suharto and KH. Abdurrahman Wahid.This writing attempts to discuss issues regarding presidential impeachment in Indonesia, such as the power of the Constitutional Court in impeachment process, the legal grounds of impeachments, reasons for impeachments and the procedural mechanism of impeachment. Constitutionally, the procedures and mechanism of presidential and / or vice presidential impeachment has been regulated comprehensively in the Constitution of the Republic of Indonesia, specifically in Article 7 B, Article 24 (2), and Article 24 C of the 1945 Constitution after the Third Amendment. Based on these regulations, impeachment is not a simple process, but requires a long process and involving a number of high state institutions, namely People’s Representative Council (DPR), The Constitutional Court, and People Consultative Assembly (MPR). The involvement of the Constitutional Court in the impeachment process can be related toward historical experiences and as a logical consequence of the constitutional transformation of Indonesia. Beside that, the idea of presidential and / or vice presidential impeachment should not be based merely on political motivation, but should also have the reasonable legal grounds and rationale.

Pembentukan Mahkamah Konstitusi Sebagai Pelaku Kekuasaan Kehakiman di Indonesia Bambang Sutiyoso
Jurnal Konstitusi Vol 7, No 6 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

Establishment of the Constitutional Court marks a new era in the power of the judiciary system in Indonesia. Some areas that had not been touched (Untouchables) by law, such as judicial review issues on the Constitution, can now be done by the Constitutional Court, including the authority, other authority provided for in the 1945 Constitution after the amendment. Besides, the existence of the Constitutional Court must also be equipped with a clear organizational structure, adequate procedural law, legal principles and sources of law that the Constitutional Court made reference in carrying out its duties and judicial authority. The emergence of the Constitutional Court as a principal judicial authorities are expected to become entry points which promote the establishment of a modern system of judicial authority in Indonesia.

Kewenangan Mahkamah Konstitusi dalam Pemakzulan Presiden dan/atau Wakil Presiden di Indonesia Bambang Sutiyoso
Jurnal Konstitusi Vol 7, No 1 (2010)
Publisher : The Constitutional Court of the Republic of Indonesia

The idea of impeachment (pemakzulan) towards the incumbent president of Indonesia surfaces recently. This could be the cause of two main grounds. First, regarding the ongoing investigation process of the Century Bank case. In the beginning, the presumption charges merely towards the monetary policy officials and the concerning president’s assistants, but during the further investigations, a number of political parties, in not so vigorously manner pointed the charges to the incumbent presidents because of the indication of responsibility toward the bailout process of Century Bank. Second, the idea of presidential impeachment got its nudge when the Constitutional Court also declaring that its components are ready in processing the impeachment petition, after it has surfaced the Constitutional Court Rule (Peraturan Mahkamah Konstitusi) No. 21/PMK/2009 on the Guidelines in Judicial Procedures in Hearing the Parliamentary Petition in Violation Charges Towards President of the Republic and/or Vice President of the Republic. Third, Presidential and / or Vice Presidential Impeachments has already been occurred in the history of Indonesian nation, namely towards past Indonesian Presidents such as Sukarno, Suharto and KH. Abdurrahman Wahid.This writing attempts to discuss issues regarding presidential impeachment in Indonesia, such as the power of the Constitutional Court in impeachment process, the legal grounds of impeachments, reasons for impeachments and the procedural mechanism of impeachment. Constitutionally, the procedures and mechanism of presidential and / or vice presidential impeachment has been regulated comprehensively in the Constitution of the Republic of Indonesia, specifically in Article 7 B, Article 24 (2), and Article 24 C of the 1945 Constitution after the Third Amendment. Based on these regulations, impeachment is not a simple process, but requires a long process and involving a number of high state institutions, namely People’s Representative Council (DPR), The Constitutional Court, and People Consultative Assembly (MPR). The involvement of the Constitutional Court in the impeachment process can be related toward historical experiences and as a logical consequence of the constitutional transformation of Indonesia. Beside that, the idea of presidential and / or vice presidential impeachment should not be based merely on political motivation, but should also have the reasonable legal grounds and rationale.

Mencari Format Ideal Keadilan Putusan dalam Peradilan Bambang Sutiyoso
Jurnal Hukum IUS QUIA IUSTUM Vol. 17 No. 2 (2010)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol17.iss2.art3

The law enforcement procedures that has been running these days are still strongly hold on the form of procedural justice that urges the regulation aspect and the application of law in formal way only. As the impact, the trial to commit a fair law become less qualified or in the other word, it cannot solve the core of the problem. This research talks about a problem relating with the question about how to find an ideal format of justice on giving judgment in a court. This study uses normative juridical approach. Meanwhile, the data for this research are taken from the secondary data by using the analysis method of qualitativedescriptive. The result of the research shows that on handling a law’s case, a judge should not only see from law’s perspective only that is related with the procedural justice, but also he should see the substantive justice. As the consequence, it would be very advantageous if the procedural and the substantive justice can be combined and accommodated in the right proportion. But in a case where those two forms of justice cannot be compromised, then it is suggested to make the substantive justice as the first priority.Key words : Decision, substantial justice, procedural justice

Penguatan Peran Komisi Yudisial dalam Penegakan Hukum di Indonesia Bambang Sutiyoso
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 2 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol18.iss2.art7

The role of Judicial Commission in enforcing law has not been optimal, especially in conducting its function and authority to conduct external supervision of judges. The problem addressed in this research is what effort should be done to strengthen the role of Judicial Commission for law enforcement in Indonesia. The approach used in this research is juridical normative, and data source in this research is secondary data, which are primary, secondary, tertiary law material. Furthermore, the law material is analyzed descriptively and qualitatively. The research result shows that Judicial Commission needs to strengthen its role in enforcing law through the effort in: a. accelerating the revision of responsive and visionary Law of Judicial Commission; b. strengthening the role of institutional; c. strengthening institution in conducting external supervision, both preventively and repressively; d. reforming regulation in the field of justice in order to harmonize and synchronize the laws of Judicial Power, Supreme Court, Constitutional Court and the Judicial Commission; and e. strengthening and arranging its organization and personnel.Key words : Judicial commission, law enforcement, supervision of judge

Penafsiran Kontrak Menurut Kitab Undang-Undang Hukum Perdata dan Maknanya Bagi Para Pihak yang Bersangkutan Bambang Sutiyoso
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 2: April 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss2.art3

This research purposely is to deeply figure out and understand about the estimation of contract in accordance with the civil code and the essence of the contract estimation for the concerned parties. A judicial-normative approach is applied here and the data source used in this research is simply in the form of secondary data comprising primary, secondary, and tertiary materials. Subsequently, those legal materials are analyzed using a descriptive-qualitative method. The result of the research shows that the interpretation of the contract is still needed by considering that indistinctness in the formula of contract content is often found. The interpretation of the contract is done to match the intentions of all concerned parties. To this point, there will be no any differences in fulfilling the pretasi in accordance with what has been regulated in the contract formula. In this case, both concerned parties must find the essence of a new agreement by interpreting the contract fairly. However, such interpretation is not simple as each of parties commonly has a high subjectivity that is by interpreting the contract by considering their own interest and benefit. On the other hand, the interest of other parties sometimes is not accommodated well.

Problematika Pengajuan Permohonan Di Mahkamah-Konstitusi Bambang Sutiyoso
Jurnal Hukum IUS QUIA IUSTUM Vol. 13 No. 2: Mei 2006
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol13.iss2.art5

Society andjusticiabellen whose rights and constitutional authority are disadvantaged can defend their rights by requesting to the Constitutional Court. The problem raises because there is not clear regulation in the mechanism of requesting to the Constitutional Court, especially on the procedural law. In order the request isnot dismissed by the Constitutional Court, is should be estabilised the regulation relates to the case.

Ruang Lingkup dan Aspek-aspek Kebijakari Pembaharuan Hukum Acara Perdata di Indonesia Bambang Sutiyoso
Jurnal Hukum IUS QUIA IUSTUM Vol. 9 No. 20: Juni 2002
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol9.iss20.art1

This written is aimed to give constribution and suggestion in the frame for law of civil reform in Indonesia. As we:know that the civil law procedure which is existing to days apprehensive enough. Although the freedom of Republic of Indonesia have been pro claimed more than 50 years in the last time, turned outIndonesia still apply law of civil procedure made by Dutch Government that wasrelativel outof date so that it has, no social relevance •with social situation and condition governed. The law ofcivil procedure reform, therefore in Indonesia is as conditio sinequanan in the effort ofproducing the lawexactness and the justice. The law of civil procedure existing to day need tobe rediscussed and reformed by the new law of civil, procedure that is visioner and responsive, either philosophic, jurisdic or sociologic views.'

Implementasi Gugatan Legal Standing dan Class Action dalam Praktik Peradilan di Indonesia Bambang Sutiyoso
Jurnal Hukum IUS QUIA IUSTUM Vol. 11 No. 26: Mei 2004
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol11.iss26.art5

The implementation of group representative accusation especially for legal standing in the practice of judge in Indonesia is still faced with the handicaps procedural technically. The regulation of legislation is still restricted in law material, while in formal law (the court of justice) is not regulated clearly. The uncertain of procedure informal law (the court ofjustice) in its regulation is really not the handicaps for thejudge for taking thejust decision, because the judge can apply the other law resource. Although, it has been issued PERMA No. 1 the year 2002 that regulate the group representative accusation, for the next it should be formulated strictly in the new Justice Court of Code Procedures. The group representative accusation is the moresimple justice alternative, quick and lowcost.

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