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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 13, No 3 (2016)" : 10 Documents clear
Mahkamah Konstitusi dan Penguatan Konstitusi Ekonomi Indonesia Harvelian, Agnes
Jurnal Konstitusi Vol 13, No 3 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (311.472 KB) | DOI: 10.31078/jk1333

Abstract

existence of the Constitutional Court interpreted as the guardians of the constitution of the various operational policies that are not in accordance with the constitutional mandate. Climate ‘economic’ change is happening the world economy, shift-many policy base the national economy. This study intends to identify and analyze the involvement of the Constitutional Court towards strengthening the Constitutional Foundation of Economical System in Indonesia, which would determine the appropriate policy actualization. Therefore, it is important to identify and analyze the value of the economic constitution of Indonesia that was based on a social contract supreme law, the constitution and the ruling of the Constitutional Court that in the economic field and be able to influence national economic policy. The method of approach used in the study is descriptive analytical that explain and analyze by law as a regulation made by the Indonesian government to national economic policy, which is associated with the actual conditions that occur. The economic constitution idealistic values faced with an open market regulation, control and supervision of a force that is not only submitted to the Constitutional Court ruling which has the character of final appeal.
Penuangan Checks and Balances kedalam Konstitusi Chandranegara, Ibnu Sina
Jurnal Konstitusi Vol 13, No 3 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (409.219 KB) | DOI: 10.31078/jk1334

Abstract

On Research “checks and balances” in legal studies often raises high quality questions such as, does the checks and balances is a doctrine, principle, or legal theory, or maybe precisely the formula of power in politics. History been recorded, that in any discussions regarding the formation of the constitutional separation, division and smelting power is something that is popular to be discussed before and even after becoming the constitution. Therefore, the casting of checks and balances into the constitution is an interesting study to determine the portion and posture.
Kontrak Karya PT Freeport Indonesia dalam Perspektif Pancasila dan UUD NRI 1945 Redi, Ahmad
Jurnal Konstitusi Vol 13, No 3 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (65.201 KB) | DOI: 10.31078/jk1337

Abstract

PT Freeport Indonesia (PT FI) has a Contract of Work (KK) to undertake mining materials in Grasberg and Ertsberg mining areas which has begun in 1967 and will end in 2021. Since the promulgation of Law No. 4 of 2009 on Mineral and Coal Mining (UU Minerba), regulation on mineral and coal undertaking has been in accordance with Pancasila (State Ideology) and the 1945 Constitution, however, because UU Minerba can only be effective for legal actions after its promulgation therefore items related to KK before the existence of that law cannot be regulated. On the other hand, the existence of KK of PT FI is considered to be in violation with Pancasila namely The Fifth Principle “Social Justice for The Whole People of Indonesia”, and Article 33 (3) of 1945 Constitution concerning the substance of land, water, and natural wealth ‘shall be controlled by the State’ and ‘for maximum use for people’s welfare’. This article shall discuss on whether KK of PT FI has been in accordance with Pancasila and the1945 Constitution? And what should Government do in order KK of PT FI can be regulated within the frame of Pancasila and the 1945 Constitution? The method used in this writing is juridical normative. Based on the writer’s analysis, KK of PT FI is violating Pancasila and the 1945 Constitution. The effort to adjust it to Pancasila and the 1945 Constitution shall be conducted through renegotiation of KK of PT FI based on “hardship” principle in UNIDROIT Principles of International Commercial Contracts and principle of natural resources for national interest and people’s welfare in the Resolution of General Assembly Resolution 1803 (XVII) of 14 December 1962, “Permanent Sovereignty Over Natural Resources.
Urgensi Perluasan Pertanggungjawaban Pidana Korporasi Sebagai Manifestasi Pengejawantahan Konstitusi Sirait, Timbo Mangaranap
Jurnal Konstitusi Vol 13, No 3 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (373.136 KB) | DOI: 10.31078/jk1335

Abstract

The acknowledgement of Indonesia as a state of Law as mandated by Article 1 paragraph (3) of 1945 Constitution of the Republic of Indonesia is the fundamental objective of the Constitution where one of its dimensions is to create and promote fair and prosperous community, in pursuing this, with the spirit of developmentalism, the state allows the participation of corporations in the development with the hope that Indonesia will be able to compete in the globalization era. However, it is apparent that their participation has adverse impact, some of them have even been involved in bribery and corruption. According to criminal law of Indonesia, briber and receiver (gratification) will be held criminally liable. The method applied in this research is juridical normative which analyzes secondary data including secondary law materials in Criminal Code and Law No. 31/1999 in conjunction with Law 20/2001 on Corruption Eradication and United States of America of Anti-bribery Foreign Corrupt Practices Act (FCPA). Based on the analysis conducted, it was found that Indonesia can only prosecute receiver of bribery (gratification) whilst the bribing corporation is prosecuted in the United States, it is also concluded that it is urgent to expand and amend the criminal law on responsibility for corporate crime as the manifestation of constitution in the Indonesian criminal law in order to counterbalance USA Anti-bribery Foreign Corrupt Practies Act (FCPA)
Pertentangan Asas Perundang-undangan dalam Pengaturan Larangan Mobilisasi Anak pada Kampanye Pemilu Suriyani, Meta
Jurnal Konstitusi Vol 13, No 3 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (386.816 KB) | DOI: 10.31078/jk1339

Abstract

Article 32 paragraph (1) letter k Election Commission Regulation No. 15 Year 2013 describes implementers, participants, and officials are prohibited from mobilizing campaigns Indonesian citizens who do not meet syarats as Voters. However, Law No. 8 of 2012 on General Election of DPR, DPD and DPRD itself, does not expressly prohibit the mobilization of Indonesian citizens who do not yet qualify as a selector or exploitation of children in political activities, including campaign. So that the Commission regulation violates the hierarchy of legislation that is in of commencement shall contrary to the Law on Election of Members of Legislative as higher regulations. Therefore, it is also not in line with Law No. 35 of 2014 on the Amendment of Act No. 23 of 2002 on Child Protection. Mobilization of children in the activities of the election campaign is the deprivation of the rights of the child. Intentionally or unintentionally, the actual implementers, participants, and campaign officers have done wrong treatment (exploitation) by mobilizing children who do not qualify as voters in political activities in the activities of the election campaign for the DPR, DPD and DPRD held at central and regional levels occur in almost all parts of Indonesia.
Politik Hukum Pasca Putusan Mahkamah Konstitusi atas Pelaksanaan Pemilu dan Pemilukada di Indonesia Nugroho, Wahyu
Jurnal Konstitusi Vol 13, No 3 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (366.718 KB) | DOI: 10.31078/jk1331

Abstract

After amendment 1945, whether legislative elections and the election of the executive power implementing held directly by the people, and going political reform electoral laws and local election, both in the revision of the existing political regulations, and rules in the law after the Constitutional Court decision, namely Law No. 42 of 2008 on General Election of President and Vice President, and and Law No. 10 of 2016 on the Second Amendment of Act No. 1 of 2015 on Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the election of Governors, Regents and Mayors became acts. The purpose of the study on the implementation of the legal political and local elections are to conduct political rearrangement and local elections law in a mosaic of Indonesian state structure, maturity in politics, the consolidation of local democracy, and changes in local people’s minds to develop the region very hung to the figure of its leader, as well as ensuring the political rights of citizens in national and local political constellation. The results in this study is the need for consistency of law enforcement for compliance with a number of legal instruments and the implementation of procedures and penalties in the administration of elections. Aspects of legal certainty and the cultural aspect is very important law met in order for the elections and the local election purpose in achieving this goal idealized.In addition, the electoral administration in central and local levels, as well as participating in the election and the election shall comply with laws and regulations, ranging from the Commission Regulation, Act, as well as adherence to Constitutional Court decision. The author draws conclusions that the renewal of electoral politics and the local election after the Constitutional Court Decision in the Indonesian constitutional structure has implications for changes in the system, the mechanism and the pattern of elections and the local election organizers and participants of the election and the local election. On some empirical experience that was shown in the administration of elections and the election, people think the dynamic to organize and improve the system, as well as have awareness of constitutional rights guaranteed by the 1945 Constitution on political rights for the sake of the spirit of building area through the local elections to choose a figure that is idealized.
Tafsir Konstitusional Pengujian Peraturan di Bawah Undang-Undang Junaenah, Inna
Jurnal Konstitusi Vol 13, No 3 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (695.217 KB) | DOI: 10.31078/jk1332

Abstract

Particular problem in judicial review frequently found is there a contradiction between the subsidiary legislation and the constitution. Unfortunately, in several Supreme Court verdict on judicial review, there is no usage of constitutional interpretation on their legal reasoning. However within domain of Supreme Court authority, constitution is not the touchstone, but constitution perspective must be included to maintain consistency of legislation hierarchy. There are two reasons on that posibilities, first the approximation of constitutional review by the court and second, the consequences of Indonesian’s legal system that implementing legislation hierarchy. Responsibility as the guardian of constitution not only applied on Constitutional Court, but on all the state institutions including every citizen. In the context of guarding consistency of legislation hierarchy, Supreme Court might also develop constitutional interpretation in order to ensure conformity regulations that is examined to the constitution. In addition, meaning of the constitution can be developed by a judge that can be found in accordance with contextuality. The perspective is assessed to highlight more detailed the mapping of the use of constitutional interpretation on Judicial Review in supreme court post amandment of Constitution of Republic Indonesia 1945. This article formulatesthe notion of constitutional interpretation on Judicial Review. Within this concept, will be prepared by the use of mapping of constitutional interpretation on Judicial Review in supreme court post amandment of Constitution of Republic Indonesia 1945. Thus this research was intended to make the judge use constitutional interpretation. Of course if the recommendations are applied, it can be achieved not instantly in a short time. With the use of Constitutional interpretation on Judicial review in supreme court, the constitutionallity can be reflected later on legislation hierarchy as a whole legal system.
Perlindungan Hak Konstitusional Masyarakat Hukum Adat Minangkabau dalam Pelaksanaan Gadai Tanah Pertanian Aermadepa, Aermadepa
Jurnal Konstitusi Vol 13, No 3 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (312.322 KB) | DOI: 10.31078/jk1336

Abstract

This research aims to knowing implementation of Constitutional Right of Indigenous People in Agricultural Land Pawning According to Custom in Minangkabau West Sumatra. In Indonesia Agricultural Land Pawning be regulated in the Law No. 56 Prp 1960, where in Article 7 section 2 limits liens that have been implemented within seven years to be returned to the owner without ransom. This poses a problem in the implementation in the Minangkabau, because according to Minangkabau customary law, liens are to be redeemed regardless of the time period. this research is an emperical law research or sosiological (socio legal research). The result of this research knowing that On one hand the Indonesian 1945 Constitution acknowledges the existence of the rights of indigenous people, but on the other hand there are laws and regulations that are counterproductive to the guarantee of the mentioned rights. The implementation of agricultural land pawning in West Sumatra Minangkabau is not a bonded labor system that requires extortion but rather a system based on mutual help and pawn prices nearly equalize the price of the land. The application of Article 7 (2) of Law No.56 Prp 1960 is certainly harmful to the constitutional rights of Indigenous Minangkabau people.
Pengujian Perda dan Perdes Pasca Perubahan UU Pemda dan UU Desa Simanjuntak, Enrico
Jurnal Konstitusi Vol 13, No 3 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (351.815 KB) | DOI: 10.31078/jk1338

Abstract

The development of contemporary public law (both in the field of constitutional law and administrative law) in Indonesia was marked by the strengthening of the internal settlement administration assertion as a means of testing the legal norms of both abstract and concrete. With variations, in a legal dispute concerning the norms of concrete, these developments containing fragmentation models for partly governs how the advanced mechanism in the judiciary after taken administrative effort (eg, Law Administration) and some not at all set up (eg, Law Reform State Civil). Some of the latest legislation select general-abstract norm testing internally without linking them with the possibility of testing judicially by the judiciary, among others: Law on Local Government and Law Village. In both the legislation does not regulate how the mechanism of local regulation (Perda) or village laws (Perdes) canceled by the governor or regent / mayor, whether they can be tested back to the judiciary through judicial review mechanism. This paper intends to discuss how the implementation of the authority of judicial review by Supreme Court after the enactment Law of Local Goverment or Law of Village which is not regulated by the latest legal mechanism to test regional law in the form of regulation (local laws), including Perdes (Village Laws), whereas previous products or similar laws regulate otherwise.
Pertentangan Pengaturan Pemilihan Anggota Komisi Independen Pemilihan di Aceh Fuadi, Fuadi
Jurnal Konstitusi Vol 13, No 3 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (340.314 KB) | DOI: 10.31078/jk13310

Abstract

For the implementation of democratic elections required the existence of an institution independent of the general elections. The regulation of the formation of management bodies General Election in Aceh that was different from other regions are specifically regulated in Law Number 11 Year 2006 about Aceh Government and Qanun Aceh No. 7 of 2007 on General Election Organizer in Aceh. The purpose of this paper is to identify and explain the setting election of members of the general elections in Aceh and institute legal position of the general elections in Aceh. Based on the results of the study reveal any rules that conflict with the principles and legislation governing the establishment of the general elections in areas outside Aceh that assessed the existence of the institution of the general elections in Aceh are not independent because of the intervention of members of political parties.

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