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Tafsir Konstitusional Pelanggaran Pemilukada yang Bersifat Sistematis, Terstruktur dan Masif Ali, M. Mahrus; Rachman, Irfan Nur; Wijayanti, Winda; Putranto, Rio Tri Juli; Anindyajati, Titis; Asih, Putria Gusti
Jurnal Konstitusi Vol 9, No 1 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

The Constitutional Court has created a legal breakthrough in handling the local head election dispute, in order to uphold the democracy and break away from habitual practice of systematic, structured, and massive (STM) violations. The Court does not simply calculate the results of vote count but also have to seek the justice and prosecute results counting rate that were disputed. As the juridical normative research, the research uses a statutory, case, historical approach and the sociology of law. The research shows that throughout 2008-2011 Court has granted the dispute for as many as thirty-two cases. Of that amount of cases, those with the STM violations are as many as 21 (twenty one) cases. Whereas the nature of TSM were divided into two kinds namely cumulative and alternative which both may cancel local head election results. There are three types of local head election violations, first, violation in the process that does not affect the results of the election. Second, the breach in the process that affect the election results, thirdly, violation of the terms of conditions to be a candidate which are principal in nature and can be measured. The systematic, structured and massive violation of the local head general election is violations committed by the structural apparatus, both government officials and election organizers, collectively; not an individual action, well-planned (by design) and the impact of such offencesis extensive rather than sporadic.

Politik Hukum Pengaturan Right to Vote and Right to be Candidate dalam Undang-Undang Pasca Putusan Mahkamah Konstitusi Rachman, Irfan Nur
Jurnal Konstitusi Vol 10, No 2 (2013)
Publisher : Mahkamah Konstitusi Republik Indonesia

The Constitutional Court in some award restored the right to vote (right to vote) and the right to choose (right to be candidate) for citizens. Some verdict related to the recovery of the political rights, namely the ruling Number 011-017/PUU-I/2003 on Return Political Rights For former members of the Illegal organization of the Communist Party of Indonesia and Other Illicit Organization and decision Number 102/PUU-VII/2009 on the use of ID card or passport in the elections. The ruling of the Constitutional Court have a legal binding force since spoken in plenary session. The nature of the ruling of the Constitutional Court are final and binding, it means there is no other remedy that can be reached by the parties and also the ruling of the Constitutional Court is not only binding on the parties but also binds all citizens of Indonesia (erga omnes). The ruling of the Constitutional Court was to be acted upon by the ruling of the Constitutional Court, addressad in this case is the President and DPR through a revision of the provisions that have been

Konstitusionalitas Norma Sanksi Pidana sebagai Ultimum Remedium dalam Pembentukan Perundang-undangan Anindyajati, Titis; Rachman, Irfan Nur; Onita, Anak Agung Dian
Jurnal Konstitusi Vol 12, No 4 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Intentionally, criminal sanction was seen as an effective solution for the problem of crimes. On the other hand, criminal sanctions also pose as an implementation of state responsibility in maintaining public security, order and legal protection of its citizens. In the development of Indonesian legal system, most of the laws enacted by the state have included criminal sanction in its substance. Therefore, there is a shift in the political law (legal policy) regarding the application of criminal sanctions, which intentionally pose as a last resort (ultimum remedium) has shifted towards first resort (primum remedium). The inclusion of criminal sanctions in the legislation as primum remedium might result on the violation of the constitutional rights of Indonesian citizens. In addition, there is an emergence of numbers in applications of judicial review on the laws regarding the criminal sanctions issues. This research focuses to examine and determine about the position of criminal sanction norms in the law and about the deliberation and reasoning of the Constitutional Court in reconstructing the structure of criminal sanctions in law from primum remedium toward ultimum remedium. The research showed that most of the laws enacted from 2003 through 2014 have adapted the norms of criminal sanctions as primum remedium. This can be seen in the construction of the criminal forfeiture clause, where in the contrary, the concept of punishment states that criminal sanctions should be positioned as ultimum remedium. In the meantime, the Constitutional Court as the protector of citizens’ constitutional rights and protection of human rights has a very important role in restoring the position of criminal sanctions as ultimum remedium. This, by example, was set forth in the Constitutional Court decision 4/PUU-V/2007 on June 19, 2007 regarding the review of Law No.29/2004 on the Medical Practices.

Penguatan Fungsi Pengawasan Legislatif terhadap Eksekutif Pasca Putusan Mahkamah Konstitusi Rachman, Irfan Nur
Jurnal Konstitusi Vol 8, No 2 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

The Constitutional Court in its decision Number 23-26/PUU- VIII/2010 have been cancelled the applicability of article 184, paragraph (4), which regulates the amount of quorum and approval of quorum in the decision-making process in the Forum related to the plenary meeting house “our opinion the proposal on the right.” In its legal considerations, the Constitutional Court confirmed that the provisions of quorum and the number of quorum approval of 3 / 4 shall be replaced with provisions in decision making on the basis of “simple majority”. This has an impact on the strengthening of the system of checks and balances for the role of legislative control the Executive branch that the abuse of power by the Executive branch can prevent.

Politik Hukum Pengelolaan Sumber Daya Alam Menurut Pasal 33 UUD 1945 Rachman, Irfan Nur
Jurnal Konstitusi Vol 13, No 1 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Indonesia which is located in southeastern asia has a lot of natural resources. This situation has made indonesia was one of the purpose of foreign capital investment especially the mining sector, besides the forestry sector, and water resources management. It was because the lack of our country in managing the source of natural resources, good of the aspect of capital, aspects human resources, and facets technology. As a result of natural resources that we have not can be used to welfare of the people maximally.Ironically, our country having of natural resources, but contributed the most to state budget (APBN) not from the results of the management of natural resources, but of tax sector. Hence in managing natural resources in indonesia need to consider article 33 constitution 1945 containing the political legal in the management of natural resources, so the purpose of natural resources to public welfare can be achieved maximally.

Konstitusionalitas Norma Sanksi Pidana sebagai Ultimum Remedium dalam Pembentukan Perundang-undangan Anindyajati, Titis; Rachman, Irfan Nur; Onita, Anak Agung Dian
Jurnal Konstitusi Vol 12, No 4 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Intentionally, criminal sanction was seen as an effective solution for the problem of crimes. On the other hand, criminal sanctions also pose as an implementation of state responsibility in maintaining public security, order and legal protection of its citizens. In the development of Indonesian legal system, most of the laws enacted by the state have included criminal sanction in its substance. Therefore, there is a shift in the political law (legal policy) regarding the application of criminal sanctions, which intentionally pose as a last resort (ultimum remedium) has shifted towards first resort (primum remedium). The inclusion of criminal sanctions in the legislation as primum remedium might result on the violation of the constitutional rights of Indonesian citizens. In addition, there is an emergence of numbers in applicationsÂ of judicial review on the laws regarding the criminal sanctions issues. This research focuses to examine and determine about the position of criminal sanction norms in the law and about the deliberation and reasoning of the Constitutional Court in reconstructing the structure of criminal sanctions in law from primum remedium toward ultimum remedium. The research showed that most of the laws enacted from 2003 through 2014 have adapted the norms of criminal sanctions as primum remedium. This can be seen in the construction of the criminal forfeiture clause, where in the contrary, the concept of punishment states that criminal sanctions should be positioned as ultimum remedium. In the meantime, the Constitutional Court as the protector of citizensâ€™ constitutional rights and protection of human rightsÂ hasÂ a very important role inÂ restoring theÂ position ofÂ criminalÂ sanctionsÂ as ultimum remedium. This, by example, was set forth in the Constitutional Court decision 4/PUU-V/2007 on June 19, 2007 regarding the review of Law No.29/2004 on the Medical Practices.

Politik Hukum Pengelolaan Sumber Daya Alam Menurut Pasal 33 UUD 1945 Rachman, Irfan Nur
Jurnal Konstitusi Vol 13, No 1 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Indonesia which is located in southeastern asia has a lot of natural resources. This situation has made indonesia was one of the purpose of foreign capital investment especially the mining sector, besides the forestry sector, and water resources management. It was because the lack of our country in managing the source of natural resources, good of the aspect of capital, aspects human resources, and facets technology. As a result of natural resources that we have not can be used to welfare of the people maximally.Ironically, our country having of natural resources, but contributed the most to state budget (APBN) not from the results of the management of natural resources, but of tax sector. Hence in managing natural resources in indonesia need to consider article 33 constitution 1945 containing the political legal in the management of natural resources, so the purpose of natural resources to public welfare can be achieved maximally.

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