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Contact Name
Abdul Basid Fuadi
Contact Email
jurnalkonstitusi@mkri.id
Phone
+6281215312967
Journal Mail Official
jurnalkonstitusi@mkri.id
Editorial Address
Pusat Penelitian dan Pengkajian Perkara dan Pengelolaan Perpustakaan Mahkamah Konstitusi Republik Indonesia Jl. Medan Merdeka Barat No. 6, Jakarta 10110 Telp: (021) 23529000 Fax: (021) 3520177 E-mail: jurnalkonstitusi@mkri.id
Location
Kota adm. jakarta pusat,
Dki jakarta
INDONESIA
Jurnal Konstitusi
ISSN : 18297706     EISSN : 25481657     DOI : https://doi.org/10.31078/jk1841
Core Subject : Humanities, Social,
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law and another section related contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
Search results for , issue "Vol 11, No 2 (2014)" : 10 Documents clear
Putusan Mahkamah Konstitusi sebagai Tafsiran Resmi Hukum Islam di Indonesia Alfitri, Alfitri
Jurnal Konstitusi Vol 11, No 2 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (261.785 KB) | DOI: 10.31078/jk%x

Abstract

Unlike other Muslim countries, Indonesia does not make any reference to sharia as a source of legislation in its Constitution. Despite the fact, some aspects of sharia have been incorporated into Indonesian legal system. These “Islamic” state laws have been challenged by Muslims in Indonesia since their very first enactment in 1970s and now they find a new avenue to be settled with the institution of the Constitutional Court in 2003. This paper is to analyze what happen when a country such as Indonesia suddenly has to adjudicate disputes on which interpretation of Islamic law valid in Indonesia? In particular, it will assess methods employed by the Constitutional Court Judges in Indonesia in arbitrating contentions between conservative Muslims’ and the government’s claims regarding the extent to which Islamic law should be recognized, applied, and enforced by the state? Is the Court’s approach in settling down the cases still within the boundary of Islamic legal theory?This paper argues that the Court does declare itself as the legal authority in Indonesia and, thus, it reserves for itself the power to interpret and restrict Islamic law as it sees fit with the state’s agenda. However,the Court does that by considering and utilizing the concepts and vocabularies in Islamic law to justify its decisions. Hence, the Court’s decisions fall within the scope of siyasa shar`iyya, and its interpretation of which Islamic legal norms effective in Indonesia can be justified accordingly.
Kedudukan Kelompok Minoritas dalam Perspektif HaM dan Perlindungan Hukumnya Di Indonesia Zul Fadhli, Yogi
Jurnal Konstitusi Vol 11, No 2 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (215.252 KB) | DOI: 10.31078/jk%x

Abstract

Minority group is a social entity which can not be denied its existence. The plural minority condition is defined as diversity of the majority on the basis of identity, religion, language, ethnicity, culture or gender. The number is usually not much when compared to the population in a country and be in a dominant position. Vulnerable minority groups become victims of human rights, therefore the legal protection given. In a human rights perspective, this group is at a level equivalent  to other individual rights holders and have special rights. Special rights are not privileges, but rights granted so the dignity of minority groups can be lifted.
“Nalar Fenomenologi”; Mahkamah Konstitusi dalam Pusaran Kekuasaan dan Bahaya Krisis Weltanschauung Polamolo, Susanto
Jurnal Konstitusi Vol 11, No 2 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (236.391 KB) | DOI: 10.31078/jk%x

Abstract

Constitutional Court who was born as one of the reforms agenda in the continued process of judicial power itself into an independent institution that is at the forefront in  guarding  the  constitution.  As  an  agency  that  handles  matters constitutional, posisiny is clearly confronted with the vortex power of the oligarchs who seemed never be separated from the Indonesian constitutional journey. Struggle not only with critics but also systemic critique of scientific laws, which the agency is expected to not thick with legalistic positivism absolutizing the workings of the law and the constitution. Besides, what is the most feared and to be consequences if the judges are in crisis Weltanschauung. This is where the need to check the perspective that not only cast a normative critique, but also reflective criticism, as an affirmation of the political and dismantle structural hegemony explore perspectives on the human being as the central value of justice.
Bantuan Hukum Sebagai Kewajiban Negara Untuk Memenuhi Hak Konstitusional Fakir Miskin Ramdan, Ajie
Jurnal Konstitusi Vol 11, No 2 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (246.721 KB) | DOI: 10.31078/jk%x

Abstract

Legal aid as the state’s obligation to fulfill the constitutional rights of the poor very interesting study. The provision of legal aid as the state’s obligation to fulfill the constitutional rights of the poor is to provide funding to legal aid through the state budget. Because the Law No. 16 Year 2011 on Legal Aid takes the concept of legal aid welfare model. This paper will analyze the decision of the Court No. 88/PUU-X/2011 the constitutional rights of the poor to obtain legal assistance that the duty of the state . The provision of legal aid as the state’s obligation to fulfill the constitutional rights of the poor expanded in the Law No. 16 Year 2011 on  Legal Aid , involving not only advocate, but also paralegals, lecterur and college students of faculty of law. This is because the constitutional legal aid was adopted by Act No. 16 of 2011. Thus justice seekers who are unable or poor should get legal assistance in legal proceedings to obtain justice. Governments need to do the verification, selection, and evaluation, as well as provide accreditation for legal aid agencies that meet or do not qualify as legal aid.
Hak Konstitusional Korban atas Pengadilan HAM yang Kompeten, Independen, dan Imparsial Nalesti Dewi, Yustina Trihoni
Jurnal Konstitusi Vol 11, No 2 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.314 KB) | DOI: 10.31078/jk%x

Abstract

Court of Human Rights, guarantee a fair trial for the sake of protecting human and human dignity must be realized in line with the principles of the Indonesian nation berketuhanan and equitable. The establishment of a Human Rights Court will be the initial parameters that indicate to what extent the seriousness of the Government of the Republic of Indonesia to protect and promote human rights as mandated by the Pancasila as Cita Law (Rechtsidee). Court of Human Rights also  be a stepping stone towards the reform of the legal system in Indonesia. Guarantees the right to a fair trial under Article 28 D (1) of the Constitution of 1945, which  then further elaborated by Article 24 of the 1945 Constitution of the judicial power. However, what was before the law and According to the law is not necessarily so in fact before the court and According to the court. Empirical experience shows the benefit of victims in court human rights are often violated because of various political interests. In order to maintain accountability of the judicial process at the Human Rights Court, need community involvement as a control in order to increase awareness of the implementation of a fair trial. It is very important is the guarantee of public trials that are part of a fair trial with the aim of protecting the interests of the accused or the victim of the confidentiality of a hearing in the absence of public  scrutiny.
Hakim Konstitusi Adalah Hati dalam Tubuh Mahkamah Konstitusi Hardianto, Danang
Jurnal Konstitusi Vol 11, No 2 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (215.639 KB) | DOI: 10.31078/jk%x

Abstract

Constitutional judges denote a piece of flesh i.e. heart in the body of the Constitutional Court. If it is good, the whole body is good, and if it is bad, or else if it is bad, the whole boy is bad. The good heart is filled by the judges who have impeccable integrity and personality; be fair-minded; and be statesman who have mastered constitution and constitutional law. They therefore have an obligation to make a responsive and prescriptive decision in order to enforce the law based on  the morality and the truth. The decision becomes the sun which will continue to shine and illuminate the life of the country.
Urgensi Legislasi Pelaksanaan mandat UUD 1945 Mengantisipasi ASEAN Economic Community 2015 Arundhati, Gautama Budi; Martua Samosir, Samuel Saut; Chandra, Ratih Listyana
Jurnal Konstitusi Vol 11, No 2 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (231.255 KB) | DOI: 10.31078/jk%x

Abstract

Societal welfare is the achievement that should be supported by Government which essentialy has the obligation for the societal welfare through the arrangements within the scope of authority under the mandate of the preamble and articles of   the Indonesian Constitution of 1945 and relevant laws. The mandate of ASEAN Charter, which was ratified by House of Representative by Law Number 38 of 2008 concerning Ratification of the Charter of the Association of Southeast Asian Nations, is not an opponent of the Constitution of 1945 in terms of societal welfare, as long  as the legislation is implemented on the right way, which can protect Indonesian. The legislative action must reflect the needs and the factual conditions of Indonesian. Regulation relating to the implementation of the ASEAN Charter should always be accompanied by exemption or exception to the path of liberation from the regional competition law which is a logical consequence of the free market of ASEAN in some fields.
Desain Institusional Dewan Kehormatan Penyelenggara Pemilu (DKPP) Sebagai Peradilan Etik Chakim, M. Lutfi
Jurnal Konstitusi Vol 11, No 2 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (214.099 KB) | DOI: 10.31078/jk%x

Abstract

Ethics basically teach and emphasize to every individual including the organizer of election to take a stand and ensure that any action taken always relying on moral values. Ethics is an important element that must be adhered to every organizer of election, because it is one of the fundamental aspects for realizing democratic elections. Therefore, to enforce the Code of Ethic organizer of election, then formed Honorary Board of Organizer of Elections (DKPP) which aims to maintain independence, integrity and credibility of the Election Commission (KPU) and the Election Supervisory Body (Bawaslu) that is certainly going well and  correctly. DKPP is an institution designed as a court of ethics, applying an open model and applying all the principles as in a court. So, for the organizer of election found to have violated the Code of Ethics, DKPP can provide sanctions in accordance with  the level of the offense, that consists of a written reprimand, dismissal meantime, and permanent dismissal. Moreover DKPP decision is final and binding.
Refleksi Memorandum of Understanding (MoU) Helsinki Dalam Kaitan Makna Otonomi Khusus Di Aceh 'Ulya, Zaki
Jurnal Konstitusi Vol 11, No 2 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (231.563 KB) | DOI: 10.31078/jk%x

Abstract

After the implementation of regional autonomy reforms focused on provincial autonomy in establishing their own households. According to the concept of autonomy is divided into three autonomous ordinary, special autonomy and autonomy, which is emphasized in Article 18, 18A and 18B of the 1945 Constitution. Reasons for granting the status of special autonomy in Aceh, one of which was to eliminate the GAM movement which aims to separate itself from the Homeland. Granting autonomy status is determined through of the Helsinki MoU is transformed in Law No. 11 of 2006. The method used is the juridical normative. This research approach statutory (statute approach), approach the case (case approach). Based on the analysis conducted found that the existence of the MoU are set forth in the Law. 11 The year 2006 is a manifestation lifting values into privilege in Aceh, as well as adding some other peculiarities such as local politics. Aceh has a specificity and privileges in Law No. 11 In 2006, the emblem and flag of determining the area.
Implikasi Pengaturan Lingkungan Hidup terhadap Peraturan Perundang-Undangan dalam Kegiatan Bisnis (Perspektif Konstitusi) Ansari, Muhammad Insa
Jurnal Konstitusi Vol 11, No 2 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (209.061 KB) | DOI: 10.31078/jk%x

Abstract

In the Act of 1945 (before amendment) environment is part and Chapter XIV of the National Economy and Social Welfare, precisely in Article 33 paragraph (3). After the amendment, the environment gets the settings in Chapter XA of Human Rights, which in Article 28H (1) and Chapter XIV of the National Economy and Social Welfare, which in Article 33 paragraph (3) and (4). Environmental settings  in the constitution of course have implications for legislation, including legislation business activities. There are a number of regulations of business activities that have included environmental material in it. Law No. 40 of 2007 on Limited Company is a business law institutions that have incorporated environmental material. While the laws governing business activities have included environmental material of which   is Law No. 25 of 2007 on Investment, Law No. 10 of 1998, and a number of other legislative business activities.

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