cover
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 3 (2014)" : 10 Documents clear
Pemilu Serentak dan Masa Depan Konsolidasi Demokrasi Arrsa, Ria Casmi
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (283.373 KB) | DOI: 10.31078/jk%x

Abstract

The development of democracy in Indonesia is running very rapidly after the 1945 amendment. One of the developments within the frame of politics characterized by constitutional formula that provides a basic framework state that sovereignty belongs to the people and carried out in accordance  with  the  Constitution. On the basis of the formulation of the succession of leadership in the executive and legislative branches are directly implemented as the mandate of Article 22 E of paragraph ( 2). However, in practice the constitutional arrangements in the Law Number 42 Year 2008 concerning General Pemlihan President and Vice President shows inconsistent with the statement in the constitution . As set out in Article 3 paragraph ( 5 ) states that the election of President and Vice- President held after an election DPR, DPD and DPRD. At the end of the Constitutional Court through Decision No. 14/PUU-XI/2013 stated that the selection of models is unconstitutional. Based on that assessment constitutionality of norms selection method based  on  the simultaneous interpretation of the constitution of both the original intent and interpretation of history. Design constitutional elections simultaneously referred born as an attempt to shift the direction of the transition towards democracy in the reinforcement system in order consolidation of democratic practice direct democracy tends opaque transactional, corrupt, manipulative, high costs and preserve power can be minimized in the practice of constitutional democracy dimention to understand and sovereignty of the  people.
Pembentukan Undang-Undang dalam Rangka Pembaharuan Hukum Nasional Di Era Demokrasi Astomo, Putera
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (227.901 KB) | DOI: 10.31078/jk%x

Abstract

On direct democracy era to demand national law reform. That one of part national law reform, that is to form legislation which to regulate whole life levels. If formal and substantial, legislation must be mirror populace aspiration (responsive) until in to form it also to involve active participation from the self populace.
Peran Mahkamah Konstitusi dalam Penguatan Hak Asasi Manusia Di Indonesia Isra, Saldi
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.149 KB) | DOI: 10.31078/jk%x

Abstract

The presence of articles on human rights in 1945 affirmed that Indonesia respect of human rights. In order to provide protection and guarantee of human rights, the 1945 Constitution authorizes judicial review to the Constitutional Court. Some  of the verdict of the Court could be used as evidence that the Court conducted to protect and promote human rights. Constitutional Court not only act as guardian of the constitution institutions, but also as the guardian of human rights. Through its judicial review authority, the Constitutional Court appeared as law enforcement agencies that oversee the passage of state power in order not to violate of human rights.
Penyelenggaraan Pelayanan Publik Di Indonesia, Sudahkah Berlandaskan Konsep “Welfare State”? Nuriyanto, Nuriyanto
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (256.359 KB) | DOI: 10.31078/jk%x

Abstract

Preamble to the Constitution of the Republic of Indonesia in 1945 (UUD 1945) mandated that the established goals of the Republic of Indonesia, among others, is to promote the general welfare and to make smart the nation. The mandate implies the duty to meet the needs of all citizens through a system of government that supports the creation of a quality public service in order to meet basic needs and civil rights of every citizen for public goods, public services, and administrative services. Generally indeed the concept of public service as stipulated in Undang- UndangNo. 25 tahun 2009 about Public Service was good enough. It’s just that the implementation is still not ideal, because the good enough concept is not backed up by the threat of punishment appropriate and inappropriate. For example, the authors found in Article 34 is enough to provide the ideal behavior of the implementing  rules of profesional public service, but if examined further in Article 54 until 58 a  set of sanctions, none of penalty that could be imposed for implementing public service violation of the rules implementing the behavior of public service as stated in the Article 34. So if the executor violated ethical behavior in public service no penalty can be imposed for violations of the ethics of public service.
Korelasi Pemilu Serentak dengan Multi Partai Sederhana Sebagai Penguatan Sistem Presidensial Hayat, Hayat
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (234.008 KB) | DOI: 10.31078/jk%x

Abstract

Constitutional Court Decision No. 14/PUU-XI/2013 mandated national elections simultaneously between elections executive (President and Vice-President) and legislative (House of Representatives, Provincial and District/City). After the 1945 amendment to experience a variety of complications in the Indonesian political system nationally. Democratization deliver the Indonesian people switching system of government, ie from a presidential system to the parliamentary system. Elections as a democratic process to the leadership of the government elected by the people as a sovereign State. The system of government by consensus of the people, by the people and for the people has implications for improving the effectiveness and stability of the country. The Problem is the electoral system with the current political party system is less effective in the election which is actually held separately between the presidential election, and the election pileg. Giving rise to various problems of the complexity of government (central and local governments). In the hierarchy, the presidential system is less relevant to the separate electoral system between national elections (pileg and presidential) election and the multi-party system. Political reality with the current system adopted, lead to conflicts among constituents, a very high political costs for the government and the candidates (candidates), strengthening of money politics is difficult to avoid the impact of a majority vote, a negative effect on the psychology of candidates when lost or won in battle politics, coalitions are not “healthy” in the implementation of the government, due to various political ideologies and individual interests, as well as the problems of the strategic policies of government. The correlation between electoral systems simultaneously with  a multi-party system is a simplified alternative solution in presidential systems strengthening to improve the welfare of the whole people of Indonesia.
Rekonstruksi Sistem Pemidanaan dalam Undang-Undang Perpajakan Berdasarkan Konsep Ultimum Remidium Marbun, Rocky
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (221.183 KB) | DOI: 10.31078/jk%x

Abstract

Implementation of criminal sanctions in the Act No. 28 Year 2007 on General Rules of Taxation, give rise to legal issues in conceptual level. That the Tax Law, is a part of the State Administration Law, requiring forceful measures for taxpayers, especially the Taxable Entrepreneur, which in principle is a form of criminalization of administrative behavior. Criminal Law, through the principle of legality, wants a norm setting strict sanctions and obviously in the legislation, it appears to be broken in the Act No. 28 Year 2007 on General Rules of Taxation. Parameters of the crime of taxation is limited only by the elements of negligence and intentional, with the implementation under based on discretion of of the competent institution. Thus, gave rise the transactional behavior in a practical level. Therefore, the principle of ultimum remedium, becomes extremely important to avoid the use of arbitrary of discretion.
Model Lembaga Pendaftaran Nama Domain Dikaitkan Dengan Undang-Undang Nomor 11 Tahun 2008 Menuju Kepastian Hukum Jumhur, Helni Mutiarsih
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (254.65 KB) | DOI: 10.31078/jk%x

Abstract

The research focuses on the institutional model of the domain name ditemukannhya formed by society but still under the control of government in which the formation of a domain name registration management agency ( registry ) was formed on the recommendation of a domain name forum so that in accordance with the principles contained in that form institutions UUITE domain name come from the government or the public and to ensure legal certainty of the user domain name. The method used is qualitative normative juridical using secondary data in the form of legislation in order to harmonize legislation both vertically and horizontally in order to find out the problems that occur in the establishment of a domain name and is supported by the primary data in the form of in-depth interviews with expertis in the field Information technology. The conclusion derived from this study is a model of the domain name registration body ( registrar ) is formed from the community who have received a license from the agency managing the domain name ( registry ) that has been recommended by the government through forums domain name.
Konstitusionalitas dan Model Pendidikan Karakter Bangsa Pasca Putusan Mahkamah Konstitusi Anggono, Bayu Dwi
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (233.153 KB) | DOI: 10.31078/jk%x

Abstract

Constitutional Court Decision No. 100/PUU-XI/2013 stated that Pancasila as a basic state declared in the the 1945 preamble can not be equated with the 1945 Constitution, Unity in Diversity, and the Unitary State of Indonesia declared as the pillars of the nation and state as cited in the Article 34 paragraph (3b) letter a. Considering the benefits of the nation’s effort to build a character, the Constitutional Court declared constitutional effort of political parties and other state agencies  that carry out political education through the dissemination of Pancasila, the 1945 Constitution, Unity in Diversity. The Court sets a model of character education necessary to be developed which is not limited in the for pillars but it includes some other aspects such as the state of law, sovereignty, an insight of archipelago, national defense, and so forth. The government basically hold the primary responsibility for implementing character education for its citizens. Thus, the government needs to consider of alternatives to establish a special agency to formulate and implement effective national character  education.
Menggagas Pemilihan Presiden yang Demokratis dan Aspiratif Rauta, Umbu
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (218.618 KB) | DOI: 10.31078/jk%x

Abstract

Since the 2004, election of the president and vice president made directly by the people. Normatively, Indonesia has been striving for election of the president and vice president are more democratic, as reflected through the freedom and the involvement of a political party or coalition of political parties contesting the election to carry the presidential and vice presidential candidates meet all the requirements specified in the legislation. However, in practice the presidential election in 2004  and 2009, found several problems. This paper is intended to identify a number of election issues, once initiated the implementation of a formula for the realization of a more democratic election and aspirative.
Tafsir Putusan Mahkamah Konstitusi Tentang Sengketa Kepemilikan Pulau Berhala Risnain, Muh.
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (184.148 KB) | DOI: 10.31078/jk%x

Abstract

The Decicion  of Constitutional Court concerning Berhala Island not a dispute  of property belonging under civil law. This dispute are constitutionality of the law concerning establishsing a new local government to the UUD 1945. Under Decicion of Constitutional Court in case No. 32/PUU-X/2012 and No. 62/PUU-X/2012 judge of Constitutional Court interpretation law about establishsing a new local government not based on legal constitutionality of that law to the UUD 1945. The interpretation of judge of Constitutional Court based on recognition and respective to high court decicion in case judicial review about Berhala Island.

Page 1 of 1 | Total Record : 10