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Loura Hardjaloka
Associates Bahar & Partners Jl. Dr. Ide Anak Agung Gde Agung Blok 6.2, Kawasan Mega Kuningan Jakarta Selatan
Humanities Law, Crime, Criminology & Criminal Justice Other

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Potret Keterwakilan Perempuan dalam Wajah Politik Indonesia Perspektif Regulasi dan Implementasi Hardjaloka, Loura
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (424.788 KB) | DOI: 10.31078/jk%x

Abstract

In Article 28C paragraph (2) of the Constitution 1945, “Every person is entitled to advance himself in the fight for their rights to collectively build a community, nation and country”, Article 28D paragraph (3) which reads, “Every citizen is entitled to equal opportunities in government”, should be the basis for guaranteed political rights of women. However, parties often overlook the urgency of this women’s representation. In addition to the provisions of the 1945 Constitution, there is also Election Law, Article 7 and Article 8 of CEDAW and the Convention on the Political Rights of Women who all voiced that women have equal political rights with men. But will the urgency of women’s representation in politics is hampered due to negative stereotypes of women’s  capabilities.
E-Voting: Kebutuhan vs. Kesiapan (Menyongsong) E-Demokrasi Hardjaloka, Loura; Simarmata, Varida Megawati
Jurnal Konstitusi Vol 8, No 4 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (461.965 KB) | DOI: 10.31078/jk%x

Abstract

Along with the success of e-voting in the election of leaders at the village in Jembrana District, Bali Province, the Chief Electoral Hamlet (Kelihan Banjar Dinas) in the Village Yehembang, Pohsanten Village, District and Village Mendoyo Perancak, Jembrana district by using the e-ID card, opening new opportunities for Indonesia to use these methods in the upcoming election. However, by retaining Article 88 of Law Number 32 Year 2004 regarding Regional Government provides the opportunity for areas not yet ready for e-voting to keep using conventional mencontreng election or vote.
Legal Reasoning Pada Perkara Pengujian Undang-Undang (Studi Perbandingan) Hardjaloka, Loura
Jurnal Konstitusi Vol 12, No 1 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1277.696 KB) | DOI: 10.31078/jk1216

Abstract

Article 24 C of Third Amendment of Constitution Law 1945 is the basis of the Constitutional Court to give the final and binding decision in terms of law examination against Constitution Law 1945. Constitutional Court has a restriction to not examine the nebis in idem case unless there is a different substance of Constitutional Law 1945 which is used as the based of examination. In this paper, there are 12 (twelve) Constitutional Court’s decisions on law re-examination against the Constitutional Law 1945 because using different substance of Constitutional Law 1945 as the based of examination. Based on the research, which has been conducted, there are legal reasoning differences in accepting and deciding the cases which have been decided previously which the Court  uses  different  legal  interpretation  and  construction in deciding the case. Thus, this paper will examine and compare legal reasoning methods which are used in deciding the case.
Legal Reasoning Pada Perkara Pengujian Undang-Undang (Studi Perbandingan) Hardjaloka, Loura
Jurnal Konstitusi Vol 12, No 1 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1277.696 KB) | DOI: 10.31078/jk1216

Abstract

Article 24 C of Third Amendment of Constitution Law 1945 is the basis of the Constitutional Court to give the final and binding decision in terms of law examination against Constitution Law 1945. Constitutional Court has a restriction to not examine the nebis in idem case unless there is a different substance of Constitutional Law 1945 which is used as the based of examination. In this paper, there are 12 (twelve) Constitutional Court’s decisions on law re-examination against the Constitutional Law 1945 because using different substance of Constitutional Law 1945 as the based of examination. Based on the research, which has been conducted, there are legal reasoning differences in accepting and deciding the cases which have been decided previously which the Court  uses  different  legal  interpretation  and  construction in deciding the case. Thus, this paper will examine and compare legal reasoning methods which are used in deciding the case.
Co-Authors Varida Megawati Simarmata, Varida Megawati