Ahmad Fadlil Sumadi, Ahmad Fadlil
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MAHKAMAH KONSTITUSI DAN KONTRAK OUTSOURCING Sumadi, Ahmad Fadlil
Jurnal Konstitusi Vol 9, No 1 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (491.894 KB) | DOI: 10.31078/jk%x

Abstract

The Amendment of the 1945 Constitution of the Republic of Indonesia has made the sovereignty still retained by the people, no more represented and fully held by the People’s Consultative Assembly like when the constitutional system of Indonesia was still embracing supremacy of parliament. In the constitutional perspective, the standing and relation between the state and people is becoming more obvious. Hence, in the case that constitutional  dispute happened, there should have been an adjudication forum for solving the  dispute.  Therefore,  Contitutional  Court  Of  the  Republic  of  Indonesia  is established and designed constitutionally to solve  the  constitutional  dispute through The  Amendment of  the  1945  Constitution of  the  Republic of Indonesia. Settlement of constitutional dispute through the review of constitutionality of norms in the regulation of outsourcing contract in The Labour Law at Contitutional Court of the Republic of Indonesia, with specific issue “the Contract of Employment for a specified time” that is regulated in Article 65 paragraph (7) and Article 66 paragraph (2) b of Labour Law is  declaredconditionally  unconstitutional.
Hukum dan Keadilan Sosial dalam Perspektif Hukum Ketatanegaraan Sumadi, Ahmad Fadlil
Jurnal Konstitusi Vol 12, No 4 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (423.316 KB) | DOI: 10.31078/jk1249

Abstract

Law in this discussion is the law that is deliberately formed (by designed) by  the state, not the law that occurs naturally in the society, which constitute the crystallization of human interaction within the society as the subject of law.  Law is known as the common law or customary law and the second is the religious law, in particular, Islam with its Islamic law. The process of formation of common law or customary law is from the bottom upward (bottom-up process) while the establishment of islamic law is from top to bottom (top-down). The same as the nature of the process of formation of Islamic law is the in question in this discussion, which is the law called state legislation, or which is also usually known as laws and regulations. The only difference is, Islamic law is made by God, Allah SWT,  while the maker of statutory laws is a state institution of which the major function is to make laws (legislative power). Legislation is interrelated to with humanity and justice, both in the establishment, implementation, and enforcement. This can be proven by tracing since the establishment of the state, particularly Indonesia, because the law is one of the implementation of state functions. State is established on the basis of motivation associated with humanity and justice, so that the objectives and the foundations are also related to humanity and justice. The State and the law is  an instrument of humanity and justice, therefore, state and law must be related to humanity and justice, and thus, also would not be enough in the instrumental perspective, the state and the law itself without humanity and justice in serving the society.
Hukum Acara Mahkamah Konstitusi dalam Teori dan Praktik Sumadi, Ahmad Fadlil
Jurnal Konstitusi Vol 8, No 6 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (448.551 KB) | DOI: 10.31078/jk%x

Abstract

One of the important substance of Amendment of the Constitution of the Republic of Indonesia Year 1945 is the existence of the   Constitutional Court as a state institution that functions to handle certain cases in the field of state administration,  in  order  to  maintain  the  constitution  to be implemented in a responsible  manner in accordance with the will of  the people and democratic ideals. Constitutional Court’s constitutional authority to implement the principle of checks and balances which places all state agencies in the equivalent position so that there is a balance in  the administration of state The existence of the Constitutional Court is a real step to correct each other’s performance among state institutions. The Constitutional Court in carrying out justice to examine, hear and decide a case still refers to the organizing principle of judicial power which, among others, is carried out simply and quickly.
Independensi Mahkamah Konstitusi Sumadi, Ahmad Fadlil
Jurnal Konstitusi Vol 8, No 5 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (328.374 KB) | DOI: 10.31078/jk%x

Abstract

Amendment of the Constitution of the Republic of Indonesia Year 1945 (UUD 1945) define more clearly what is meant by judicial power and determine the perpetrators of judicial power. The judicial power as intended by the 1945 Constitution is the judicial power whereas the power needs to be guaranteed freedom (independency. Constitutional Court as one of the subjects of the judicial authorities in carrying out duties, functions, and authorities also uses the principle of independence and impartiality. The  existence  of  the  Constitutional  Court  as  a  subject  of  the judicial authorities which the authority determined in the 1945 Constitution, is necessary because amandment of 1945 Constitution have to led, among other things, the 1945 Constitution position as the supreme law of the state in which the authority of state agencies regulated.
MAHKAMAH KONSTITUSI DAN KONTRAK OUTSOURCING Sumadi, Ahmad Fadlil
Jurnal Konstitusi Vol 9, No 1 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (491.894 KB) | DOI: 10.31078/jk%x

Abstract

The Amendment of the 1945 Constitution of the Republic of Indonesia has made the sovereignty still retained by the people, no more represented and fully held by the People’s Consultative Assembly like when the constitutional system of Indonesia was still embracing supremacy of parliament. In the constitutional perspective, the standing and relation between the state and people is becoming more obvious. Hence, in the case that constitutional  dispute happened, there should have been an adjudication forum for solving the  dispute.  Therefore,  Contitutional  Court  Of  the  Republic  of  Indonesia  is established and designed constitutionally to solve  the  constitutional  dispute through The  Amendment of  the  1945  Constitution of  the  Republic of Indonesia. Settlement of constitutional dispute through the review of constitutionality of norms in the regulation of outsourcing contract in The Labour Law at Contitutional Court of the Republic of Indonesia, with specific issue “the Contract of Employment for a specified time” that is regulated in Article 65 paragraph (7) and Article 66 paragraph (2) b of Labour Law is  declaredconditionally  unconstitutional.
Hukum Acara Mahkamah Konstitusi dalam Teori dan Praktik Sumadi, Ahmad Fadlil
Jurnal Konstitusi Vol 8, No 6 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (448.551 KB) | DOI: 10.31078/jk%x

Abstract

One of the important substance of Amendment of the Constitution of the Republic of Indonesia Year 1945 is the existence of the   Constitutional Court as a state institution that functions to handle certain cases in the field of state administration,  in  order  to  maintain  the  constitution  to be implemented in a responsible  manner in accordance with the will of  the people and democratic ideals. Constitutional Court’s constitutional authority to implement the principle of checks and balances which places all state agencies in the equivalent position so that there is a balance in  the administration of state The existence of the Constitutional Court is a real step to correct each other’s performance among state institutions. The Constitutional Court in carrying out justice to examine, hear and decide a case still refers to the organizing principle of judicial power which, among others, is carried out simply and quickly.
Independensi Mahkamah Konstitusi Sumadi, Ahmad Fadlil
Jurnal Konstitusi Vol 8, No 5 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (328.374 KB) | DOI: 10.31078/jk%x

Abstract

Amendment of the Constitution of the Republic of Indonesia Year 1945 (UUD 1945) define more clearly what is meant by judicial power and determine the perpetrators of judicial power. The judicial power as intended by the 1945 Constitution is the judicial power whereas the power needs to be guaranteed freedom (independency. Constitutional Court as one of the subjects of the judicial authorities in carrying out duties, functions, and authorities also uses the principle of independence and impartiality. The  existence  of  the  Constitutional  Court  as  a  subject  of  the judicial authorities which the authority determined in the 1945 Constitution, is necessary because amandment of 1945 Constitution have to led, among other things, the 1945 Constitution position as the supreme law of the state in which the authority of state agencies regulated.
Hukum dan Keadilan Sosial dalam Perspektif Hukum Ketatanegaraan Sumadi, Ahmad Fadlil
Jurnal Konstitusi Vol 12, No 4 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (423.316 KB) | DOI: 10.31078/jk1249

Abstract

Law in this discussion is the law that is deliberately formed (by designed) by  the state, not the law that occurs naturally in the society, which constitute the crystallization of human interaction within the society as the subject of law.  Law is known as the common law or customary law and the second is the religious law, in particular, Islam with its Islamic law. The process of formation of common law or customary law is from the bottom upward (bottom-up process) while the establishment of islamic law is from top to bottom (top-down). The same as the nature of the process of formation of Islamic law is the in question in this discussion, which is the law called state legislation, or which is also usually known as laws and regulations. The only difference is, Islamic law is made by God, Allah SWT,  while the maker of statutory laws is a state institution of which the major function is to make laws (legislative power). Legislation is interrelated to with humanity and justice, both in the establishment, implementation, and enforcement. This can be proven by tracing since the establishment of the state, particularly Indonesia, because the law is one of the implementation of state functions. State is established on the basis of motivation associated with humanity and justice, so that the objectives and the foundations are also related to humanity and justice. The State and the law is  an instrument of humanity and justice, therefore, state and law must be related to humanity and justice, and thus, also would not be enough in the instrumental perspective, the state and the law itself without humanity and justice in serving the society.