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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 12, No 2 (2015)" : 10 Documents clear
Rembug Pelayanan Publik (RPM) Sebagai Aktualisasi Pelayanan Publik Berlandaskan Demokrasi Pancasila Nuriyanto, Nuriyanto
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (418.217 KB) | DOI: 10.31078/jk1225

Abstract

Dynamic development of society, they want the public bureaucracy to be able  to provide the public services more professional, effective, simple, transparent, open, timely, responsive and adaptive. With excellent public service, to build a human quality in the sense  of  increasing  the  capacity  of  individuals  and  communities  to determine actively its own future. Actualization of democratic precepts in the public services delivery in Indonesia starting point on the importance of community participation ranging from formulating criteria for the services, how the delivery   of the services, arranging each engagement, public complaints mechanism set up   by the monitoring and evaluation of the implementation of the public services in order to co-together build a commitment to create quality of the public services. It’s all been contained in the Law 25 of 2009 on Public Services, certainly it has been based on the precepts of the democracy of Pancasila. Rembug of the public services as an actualization of the public services based on the democracy of Pancasila.
Mewujudkan Keadilan Melalui Upaya Hukum Peninjauan Kembali pasca Putusan Mahkamah Konstitusi Chakim, M. Lutfi
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (438.908 KB) | DOI: 10.31078/jk1227

Abstract

The reconsideration is an extraordinary legal remedy to the decision of Court that have legally binding (inkracht van gewisjde). The Decision of the Constitutional Court No. 34/PUU-XI/2013 stated that extraordinary legal remedy aims to obtain justice and truth material, so the provisions of Article 268 paragraph (3) Criminal Procedure Code states that, “request reconsideration of a decision can only be done once only” contrary to the 1945 Constitution and does not have binding force. The decision of Constitutional Court raises the pros and cons, on one side there are statements that reconsideration more than once is an effort to protect the rights of the public in obtaining justice, but on the other side there are statements that reconsideration is more than once is a violation of the principle of legal certainty. After analyzing the decision of the Constitutional Court No. 34/PUU-XI/2013  it could be concluded that, first, the reconsideration is more than once in accordance with the public interest to obtain justice in law enforcement, because in obtaining justice and truth material can not be limited by time. Second, the decision of the Constitutional Court are final and binding, despite raises the pros and cons, then all are required to implement the decision of the Constitutional Court. Therefore, the Supreme Court is expected to soon complete the Regulation of the Supreme Court about filing reconsideration in criminal cases by adjusting the decision of the Constitutional Court.
Dinamika Konsepsi Penguasaan Negara Atas Sumber Daya Alam Redi, Ahmad
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (404.624 KB) | DOI: 10.31078/jk12210

Abstract

Discourse concerning state control concept on natural resources in Article 33 clause (3) of the 1945 Constitution is very dynamic. Such dynamic can be seen on      a variety of conceptions of state control rights on natural resources formulated in various acts in natural resources area. Lack of single concept on ‘state control right’ will impact to unfavorable situation where natural resources shall escape from conception of state control right and into control not by the state. The Constitutional Court as the Guardian and Interpreter of the Constitution has a significant role to ascertain that an act in natural resources area really adopt the principle of state control on natural resources in Indonesia. This article analyzes on dynamics of conception of state control on natural resources in various acts and the role of the Constitutional Court in guarding and interpreting acts in natural resources in order to be in accordance with Article 33 clause (3) of the 1945 Constitution. From the result of analysis a conclusion is achieved that there are many different concepts    of state control on natural resources in various acts in natural resources area. The Constitutional Court indeed has made interpretation on state control right. In order to make the conception stronger it is necessary to have an act in natural resources area as instruction of Article 33 clause (5) of the 1945 Constitution that further provisions of Article 33 shall be regulated by an act. Moreover, DPR (The House of Representatives) and the Government have to make certain or definite the concept of state control right in every draft bill of natural resources area so that liberalism and capitalism stream will not erode the principle of state control right.
Menakar Konstitusionalitas sebuah Kebijakan Hukum Terbuka dalam Pengujian Undang-Undang Wibowo, Mardian
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (385.452 KB) | DOI: 10.31078/jk1221

Abstract

This study attempts to elaborate the definition of the “open legal policy” concept which has stated by the Constitutional Court as the autonomy of the Law- making body whenever UUD 1945 as the constitution did not regulate particular substances of a Law that is being made. In order to prevent this autonomy leans toward arbitrariness, it is necessary to establish a model of review towards open legal policies. One feasable option that the Constitutional Court could adapt is the "maximin" strategy (selecting the best option in numbers of bad possibilities) which is developed from the rational choice approach.
Prinsip Kebebasan Hakim dalam Memutus Perkara Sebagai Amanat Konstitusi Adonara, Firman Floranta
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (489.254 KB) | DOI: 10.31078/jk1222

Abstract

The principle of judicial independence is part of the judicial power. Judicial power is independent of state power to conduct judiciary to uphold law and justice based on Pancasila and the 1945 Constitution, for the implementation of the legal state of the Republic of Indonesia, as requested Article 24 of the 1945 Constitution principle of judicial independence in carrying out his duties as a judge, it can give you the sense that judges in performing their duties of judicial power should not be bound by any and / or pressured by anyone, but free to do anything. The principle  of judicial independence is an independence or freedom possessed by the judiciary for the creation of a decision that is both objective and impartial. The Indonesian judges understand and implement the meaning of judicial independence as a responsible freedom, freedom in order corridor legislation applicable to the principal duty of the judicial authorities in accordance procedural law and regulations in force without being influenced by the government, interests, pressure groups , print media, electronic media, and influential individuals.
Refraksi dan Alinasi Pengangkatan Hakim Konstitusi Fajriyah, Mira
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (469.582 KB) | DOI: 10.31078/jk1223

Abstract

The Justice appointment of The Constitutional Court is an entry point of the independence and impartiality of The Constitutional Court in Indonesia. There is some refraction on the mechanism of the Justice appointment of The Constitutional Court either in the juridical case also in the socio-juridical case. In the juridical  case, there is a substantive regulation flaw as be found in UUD N RI 1945, UU KK dan UU MK. In the socio-juridical case, there is three discourse points to change the mechanism of the Justice appointment of The Constitutional Court. Those discourse points consist of the context of requirement, the ultimate right enforcement of DPR, Presiden and Mahkamah Agung in the Justice appointment of The Constitutional Court which dealing the democratic principle, and the last is about the ideal composition of The Constitutional Court’s Justice based on their political background. Those juridical and socio-juridical cases have to guiding back to the characteristic of The Constitutional Court which will produce the alignment of The Justice appointment of The Constitutional Court. The concept is a juridical alignment that changing the regulation of mechanism of the Justice appointment of The Constitutional Court to fulfill the law hierarchy system and also to accommodate the socio-juridical case substantively and democratically.
Sistem Penanganan Tindak Pidana Pemilu Fahmi, Khairul
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (519.207 KB) | DOI: 10.31078/jk1224

Abstract

Penal law is a branch of law applied as instrument in overseeing free and fair election. By means of penal law or its approach, it is expected that various offenses can be proceeded in the course of assuring fair election processes. However, in regulation and implementation, the application of penal law in administration   of election is yet effective. This is due to the legal subsystems that underlie the election legal system which comprise election  penal  law,  apparatus  involved  in the enforcement of election law, and the culture of the parties involved in election administration.
Cita Demokrasi Indonesia dalam Politik Hukum Pengawasan Dewan Perwakilan Rakyat terhadap Pemerintah Ridlwan, Zulkarnain
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (422.16 KB) | DOI: 10.31078/jk1226

Abstract

Constitutional discourse can not be separated from the discussion on democracy building. The existence of the House of Representatives in Indonesia with its oversight function of government is one manifestation of democracy. With a historical approach juridical writings results of this study concluded that the statute law of political representative institutions is likely to continue to strengthen parliamentary oversight of government functions by providing additional instruments that can be used by the legislature as an institution and the individual members of the House to conduct oversight. The legal political tendencies are in accordance with the ideals  of democracy in Indonesia who wanted representation of the people in the context of the embodiment of the people’s sovereignty in a representative body, but does   not eliminate the critical power of the people to the ruler.
Penegasan Peran Negara dalam Pemenuhan Hak Warga Negara Atas Air Kasim, Helmi
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (446.691 KB) | DOI: 10.31078/jk1228

Abstract

This writing analyses access to water not merely as a right but as human  rights. Since the right to water constitues human rights, then constitutionally, the state, mainly the government, is obliged to respect, fulfil and protect that right. In order that the government can perform its obligation to fulfil the right of citizens   to water, the sate should put control of water under the power of the state. Thus, there are two perspectives in fulfilling the rights of citizens to water, human rights perspective and the perspective of state control. From the perspective of human rights, the 1945 Constitution has stipulated the obligation of the state in fulfilling the human rights of citizens including the right to water as stated in Article 28I paragrahp (4). From the perspective of state control over water resources, the 1945 Constitution has also determined constitutional standard as stipulated in Article 33. This concept of state control based on Article 33 has been interpreted by the Constitutional Court in its decisions. Specifically, in the decision concerning the law on water resources, the Court returned control over water to the state. The Court  set some limitations on how to utilize water resources. Private corporations are still allowed to participate in water management with strict conditions. The enhancement of this control by the state over water is intended to guarantee the fulfilment of the right of citizens to water. As an idea, monopoly of the state over water resources might be also be considered just like monopoly of state over electricity.
Optimalisasi Peran Hakim Agung dalam Penyelesaian Perkara Kasasi dan Peninjauan Kembali Machmudin, Dudu Duswara
Jurnal Konstitusi Vol 12, No 2 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (976.396 KB) | DOI: 10.31078/jk1229

Abstract

This article aims to provide knowledge and understanding on the functions of the state law enforcement agencies in Indonesia. Differences of powers and functions of law enforcement agencies such as the Supreme Court, Attorney General’s Office and the Constitutional Court needs to be understood in depth. Furthermore, given the problems in all courts all over the world which is, among others, the slow settlement of cases, this article describes and analyses the role of Supreme Court Justices in resolving cassation and review cases before and after the issuance of the decree of the Chief Justice Number 119/KMA/SK/VII/2013 regarding the determination of the Day of Deliberation and Pronouncement and Number 214/KMA/SK/XII/2104 concerning Time Period for the Handling of Cases at the Supreme Court. However, when Constitutional Court pronounced Ruling Number 34/PUU-XI/2013 a problem arises in which the products of the two state judicial bodies seem to be inconsistent, especially in the framework for the resolution of criminal cases. On the one hand, the Supreme Court wants the creation of a judicial process that is simple, speedy, and low cost through the strengthening of the two products above, but on the    other hand the Constitutional Court through its award extend the time span of litigation process for the settlement of review cases which can be done repeatedly. Thus, in order to provide legal certainty, the Supreme Court issued Supreme Court Circular Number 7 Year 2014 which essentially affirms that the petition for review in criminal cases is limited only one time based on other legal basis namely Judicial Authority Act and Supreme Court Act.

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