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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 4 (2016)" : 10 Documents clear
Daerah sebagai Pihak dalam Kontrak Penanaman Modal Internasional (Studi Kasus Provinsi Aceh) Bintang, Sanusi
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (373.308 KB) | DOI: 10.31078/jk1348

Abstract

Legal certainty is an important factor in developing international investment contracts in regional areas. How ever, it cannot be accomplisehed yet because of, among others, obscurance and inconsistance of laws regulating capacity to contracts for regional sub-divisions in Indonesia. The capacity to contract of the regional sub-divisions can be ascertained based on criteria of definition of the international contracts which is different from treaties, legal personality theory on the subject, and object concerning local government affairs. This article concludes that regional sub-divisions, such as Aceh Province, has capacity to be a party to international contracts, therefore, inconsistence laws should be adjusted.
Mengurai Kerangka Legislasi Sebagai Instrumen Perwujudan Hak Asasi Manusia Utomo, Nurrahman Aji
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (426.296 KB) | DOI: 10.31078/jk13410

Abstract

This study seeks to examine the performance of legislation (lawmaking function) as the realization of human rights instruments. Scrutiny on the program period 2010-2014 national legislation, to determine the validity of the assuredness and values, human rights principles in the Law that were born in that period. The study was conducted by banging the process of formation of the Law, institutionalization are born by the state’s responsibility for human rights. The methods and approaches used in the study are in the type of normative or doctrinal study which aims to provide a systematic explanation of the rules, then analyzed the relationship between legislation and the realization of human rights as a state responsibility. Several approaches are used, among others, the statutory approach, the conceptual approach and the approach of the case. The relation between the lawmaking function with the realization of human rights, are in the state’s responsibility to look out of the politics of law. To parse each stage process that impact on the formal level, further analysis of the Law to include legal issues, regulatory patterns, models of responsibility of the state and its institutionalization. Proceeding from it, reflect on the process of legislation discover improper application of the limitation of the right, the context of government intervention and the application of the law. Collapsed it required for rights-based approach within the framework of law making function.
Inkonstitusionalitas Pasal 19 Perma Nomor 2 Tahun 2016 dan Implikasinya terhadap Akses Keadilan Warga Negara Fadhli, Yogi Zul
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (385.306 KB) | DOI: 10.31078/jk1341

Abstract

Judicial review as an extraordinary legal effort has constitutionally regulated by Indonesian law. However, in the administrative court, related with the dispute of location determination for the public interest, judicial review is dispensed by the Article 19 of Supreme Court Regulation No. 2 of 2016. Those article is unconstitutional because theoretically contrary with the Constitution of Indonesia and disharmonious in the types, hierarchy and substantive of the proportionality principle. Thus, human rights violation is rising especially for the people that being victims of land grabbing of development project for the public interest and disorganize of the system procedures in administrative court.
Perlindungan terhadap Lingkungan dalam Perspektif Konstitusi Faiz, Pan Mohamad
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (366.079 KB) | DOI: 10.31078/jk1344

Abstract

Nowadays there is a tendency in many countries to protect the environment by incorporating general principles of environment into a state or a regional constitution. This article aims to examine the extent to which environmental protection can be provided through the adoption of those constitutional norms. This study was conducted using a qualitative methodology with a normative approach and library research derived from court decisions, law and regulations, books and journal articles. It concludes that the Indonesian Constitution contains constitutional norms for the environmental protection. However, these constitutional norms are still positioned as a subsidiary or supporting factor in the fulfillment of human rights and the national economy. In order to strengthen the environmental protection by the Indonesian Constitution, it requires a reformulation of related constitutional norms by positioning the environment more as the basic values in the state administration and national economic activities.
Hak Kebebasan Berserikat Bagi Pekerja Sebagai Hak Konstitusional Budiono, Abdul Rachmad
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (307.238 KB) | DOI: 10.31078/jk1345

Abstract

Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia guarantees the right of everyone to freedom of association, assembly, and to express opinions. Thus, the right of workers or labours to freedom of association is guaranteed by the Constitution. The principle which is embedded in the 1945 Constitution has been incorporated into Law Number 21 Year 2000 concerning Labour Union. The substance of the rights to freedom of association aims to give bargaining power to workers represented by the union against employers. The bargaining position of labour unions is expected to improve the functioning of the unions to defend the interest of workers.
Urgensi Pengaturan Kewarganegaraan Ganda Bagi Diaspora Indonesia Charity, May Lim
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (347.342 KB) | DOI: 10.31078/jk1346

Abstract

The need for dual citizenship regulation seems increasingly prominent and becomes an issue that continues to be striven by the Indonesian Diasporas in various countries around the globe. Dual citizenship has become the dream of the Indonesian Diasporas in various countries since many Indonesian citizen Diasporas with a single citizenship often encounter various obstacles and limitations. The Indonesian citizenship law is today based on the principle of single citizenship. This principle has been even adhered since the proclamation of August 17 1945, under the enactment of Law Number 3 of 1946 on Citizenship of the Republic of Indonesia, which was later replaced by Law Number 62 of 1958 on Citizenship of the Republic of Indonesia and amended by Act Number 12 of 2006 on Citizenship of the Republic of Indonesia and the Government Regulation Number 2 of 2007 on Procedures for acquisition, loss, deprivation, and reacquisition of Citizenship of the Republic of Indonesia. Nowadays, the demands for the implementation of unlimited dual citizenship are under the considerations for the Government and the House of Representatives of the Republic of Indonesia to amend Act Number 12 of 2006. It is not only for the demands of the Indonesia diaspora to the implementation of unlimited dual citizenship, but it is also for the reality of the development of globalization today. The implementation of dual citizenship for Indonesian diaspora is a necessity. In addition, it is based on the reality of globalization and the spirit of the constitution that protects all the entire homeland of Indonesia, including Indonesian citizens residing abroad.
Implikasi Pergeseran Sistem Politik terhadap Hukum dan Birokrasi di Indonesia Romadlon, Suryo Gilang
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (332.574 KB) | DOI: 10.31078/jk1349

Abstract

Coalition can be the effective way to collect the power for struggle in the competitive politics. In Indonesia, after the reform era, the coalition system being the most popular system that granted by the constitution. Phrase ”coalition of political parties” in the article number 6A point (2) UUD 1945 shows us that the coalition system is the constitutional and the fix way. From all the historical story about the coalition of political parties in Indonesia, we can make a conclusion that the coalition system wich is exist in Indonesia is just coalition made by interest, not ideology. Coalition only to reach the “threshold”. Political parties only thinking about how to complete the mission to propose the candidate. Surely, That’s all the problem. We can see that the coalition system in Indonesia just make some paradox. For example, in presidential election 2014, in one hand we can see the batle between “KMP” and “KIH”, but in the other hand, we cand find a different situation in local politic competition. On 9 December 2015, The simultaneous regional election was completed held, and I saw that the battle between KMP and KIH wasn’t happened in that moment. Based on the fact from KPU, we can find in some region, the inconsistence coalition was built by the political parties which is member of KMP join with member of KIH. That condition shows us that the coalition system in Indonesia is just based on interest. There is no linear/consistence coalition between central and local, so automatically we can find a question, “where is the platform, vision and mission of political party in Indonesia? And How about the impact to the bureaucratic system between central and local government?. Finally, The Author is trying to answer the questions in this paper.
Penguatan Dewan Etik dalam Menjaga Keluhuran Martabat Hakim Konstitusi Wiryanto, Wiryanto
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (320.922 KB) | DOI: 10.31078/jk1342

Abstract

The Birth of the Board of Ethics of the Constitutional Judges cannot be separated from the effort to uphold a code of ethics and maintain of the dignity of the constitutional judges. Abuse of authority in the judiciary has led to the destruction of the legal system and the non-fulfillment of a sense of justice. Judicial mafias has destroyed the foundation of the authority of the judiciary and undermine the honor and dignity of judges, therefore it is necessary to take concrete measures to restore the authority of the judiciary and maintaining the honor of judges as the main pillars of the judiciary in enforcing law and justice. One concrete step is the need for strengthening the supervisory system of ethics against constitutional judges, the results of which will provide input to the Constitutional Court, whether the monitoring system of ethics against constitutional judges applied so far has been able to maintain the honor, dignity, and constitutional justices, and whether the system has provided legal certainty in its enforcement against violations of the Code of Ethics and Conduct of Constitutional Judges. Strengthening the role of the board of ethics of constitutional judges as guardians of constitutional judges dignity can be constantly improved by opening access to complaints from the public against allegations of ethical violations committed by constitutional judges.
Penerapan Pasal 1 ayat (2) Kitab Undang-Undang Hukum Pidana dalam Perspektif Kontemporer Yuvens, Damian Agata
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (377.009 KB) | DOI: 10.31078/jk1343

Abstract

Article 1 paragraph (2) Indonesian Criminal Code is an article designed as bridge between the old and new criminal provisions. Recalling the “age” of Article 1 paragraph (2) Indonesian Criminal Code that is so old, there is an urgency to conduct analysis in contemporary perspective whether or not Article 1 paragraph (2) Indonesian Criminal Code can be implemented under the current law regime in Indonesia. In implementing Article 1 paragraph (2) Indonesian Criminal Code, elements that shall be regarded are: (i) defendant; (ii) change of laws and regulations after the crime is committed; (iii) most favourable provision. There should be an adjustment on the method of interpreting both elements of defendant and change of law and regulations; on the other hand, there must be a case-by-case study to answer the element of most favourable provision. Aside from elements of Article 1 paragraph (2) Indonesian Criminal Code, there should also be a consideration on transitional provisions of the changed law to determine whether or not Article 1 paragraph (2) Indonesian Criminal Code could be implemented.
Ekstensifikasi Subjectum Litis dalam Perselisihan Pemilu Legislatif dan Pemilihan Kepala Daerah Agustine, Oly Viana
Jurnal Konstitusi Vol 13, No 4 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (345.747 KB) | DOI: 10.31078/jk1347

Abstract

Subjectum litis in The Legislative and Regional Head Election Disputes in Indonesia has been determined in a limited manner in The legislation and The regulation of the Constitutional Court. However along with the election, there is expansion and constriction of subjectum litis. The purpose of this study was to investigate the determinant factors that cause flexibility of subjectum litis in legislative and regional head election dispute. In addition, no previous studies that examine factors associated with the causes flexibility of subjectum litis in the legislative and the regional headselestion.The method used in this research is using qualitative methods with normative juridical approach by collecting data and information of the legislative and head regional election dispute advance in literature. The results obtained in this study that the shift in legislative elections expanded not only to political parties and individuals DPD that can be subjectum litis but also those of individual candidates of political parties can be subjectum litis in the legislative election disputes. The factor that caused it is the choice of electoral system is still used to 2014 electoral system. Meanwhile, the Regional Head election disputes in general as subjectum litis are that couple candidates for Governor and Vice Governor, Regent and Vice Regent and the Mayor and Deputy Mayor. But in its development, the narrowing of the only candidates who met the threshold difference of votes that can act as an applicant. Besides narrowing, there is also an extension where Consitutional court accommodate domestic election observers were registered and accredited by the KPU / KIP can act as subjectum litis and as the applicant would be candidates in the General Election of 2010. Factors that cause the narrowing and expansion in the elections of regional heads are the will of lawmakers and the limited authority of the Consitutional court as well as the presence of a single candidate who is not predictable by lawmakers in drafting electoral laws regional head. Whereas in 2010, the expansion of subjectum litis because the Court did extensive interpretation caused by serious violations of the right to be elected (rights to be a candidate). Suggestions for lawmakers tobe more thoroughly formulate norms by looking at the existing state of society so it can bring justice and legal certainty both for the expectant couple and society.

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