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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 8 Documents
Search results for , issue "Vol 9, No 4 (2012)" : 8 Documents clear
Instrumentasi Hukum Ham, Pembentukan Lembaga Perlindungan Ham di Indonesia dan Peran mahkamah Konstitusi Syafi’ie, M.
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (626.964 KB) | DOI: 10.31078/jk%x

Abstract

Post-reform occurs instrumentation very progressive human rights law. Assessment, extraction, creation of new legal dimension of human rights take place so quickly. Many international conventions that have been ratified. At the same time, the protection of human rights organizations, both national and international are also emerging. The fall of the Orde Baru in the perspective some intellectual say as a  sign of the receipt of the universalism of human rights in Indonesia. However, the substance of human rights law is made progressively still have many problems. The same is true of human rights protection institutions that have weaknesses, and tend to be attenuated. Among the many human rights agencies that overlap and do not go for the synergistic promotion of human rights in Indonesia. In that context, the Constitutional Court as the guardian of the constitution and is one of the human rights protector is expected to correct the errors of substance that are contrary to constitution and againt the human   rights.
Kompatibilitas Metode Pembuktian dan Penafsiran Hakim Konstitusi dalam Putusan Pemilukada Kasim, Helmi; Asy’ari, Syukri; Hilipito, Meyrinda R.; Putranto, Rio Tri Juli
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (546.295 KB) | DOI: 10.31078/jk%x

Abstract

Decision-making in the Settlement of Local Election Dispute at the Constitutional Court is based on the conviction of the justices after examining evidence submitted by the parties. Meanwhile, the law has limited the authority of the Court which is simply to rule on the result of vote count in the local election. Therefore, through interpretation, the Court has created new norms in its decision concerning local election.In some of its decisions, the Court broadened its authority in the settlement of local election dispute which is to include the process of the election. The dictum of the decision does not merely follow what is stated in the law. There is compatibility in the justices’ conviction based on interpretation done by the justices regarding   the authority of the Court in deciding Local Election Dispute and in the choice of dictum of the decision which is different from what has been stated by the law.
Mendesain Kewenangan Kekuasaan Kehakiman Setelah Perubahan UUD 1945 Subiyanto, Achmad Edi
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (421.187 KB) | DOI: 10.31078/jk%x

Abstract

After the Amendment of the 1945 Constitution of The Republic of Indonesia, The Judicial Power has become the most fundamentally power and also as a part of the axis of power which its function is to enforce justice. According to the Amendment  of the 1945 Constitution of The Republic of Indonesia, the judicial power in the structure of state power,  is still placed at the power that is free from intervention   or influence from other power in exercising its authority. In the structure of state power, after the Amendment of the 1945 Constitution of The Republic of Indonesia, the judicial power shall be implemented by a Supreme Court and judicial bodies underneath it in the form of public courts, religious affairs courts, military tribunals, and state administrative courts, and by a Constitutional Court. The Amendment of the 1945 Constitution of The Republic of Indonesia, also spawned a new institution, beside Constitutional Court which its function is relating to judicial power, namely an independent Judicial Commission which shall possess the authority to propose candidates for appointment as justices of the Supreme Court and shall possess further authority to maintain and ensure the honour, dignity and behaviour of judges.
Inkonsistensi Paradigma Otonomi Daerah di Indonesia: Dilema Sentralisasi atau Desentralisasi Jati, Wasisto Raharjo
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (649.837 KB) | DOI: 10.31078/jk%x

Abstract

This study aimed to analyze trajectory of regional autonomy in Indonesia. There are two important things in discussing about regional autonomy in Indonesia. Firstly, dilemma between decentralization or centralization as basic paradigm in the policy of regional autonomy. Secondly, regional autonomy just creates oligarchy regime, primordialism, and politic of clientelism. Implementation  of  regional  autonomy has been became new problems for Indonesia which adopted unitary state system. Regional autonomy in post New-Order era intended to enhancing participation of society in development project and local democracy was hijacked by many interest from elite. In other words, regional autonomy more aligned to elite rather than the people.
Pemberhentian Antar Waktu Anggota KPu (Analisis Putusan Mahkamah Konstitusi No. 80/Puu-Ix/2011) Nazriyah, R.
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (502.713 KB) | DOI: 10.31078/jk%x

Abstract

The formulation of article 27 paragraph (1) letter b of Law Governing the election and article 27 paragraph (3) was considered discriminatory because it prohibits members of the general election commission to resign before the end of  his term. If resigned for reasons that cannot be accepted and being dishonorably  are required to reimburse the honor as much as 2 (two) times the accepted. That provision was filed judicial review to the Constitutional Court. The Constitutional Court states the phrase.... with an acceptable reason’ in article 27 paragraph (1) letter b and article 27 paragraph (3) of Law No. 15 of 2011 is contrary to the Constitution and has no binding legal force. The Constitutional Court also assess interpretation ‘acceptable reason’ it has narrowed  the  freedom  of  a  person  to  get a job and a better income in order to be better able to meet the right to life, sustaining live and  life.
Penyusunan Program Legislasi Daerah yang Partisipatif Danusastro, Sunarno
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (353.735 KB) | DOI: 10.31078/jk%x

Abstract

This research studies and answers the problem concerning the development of participatory Local Legislation Program. In addition it also aims to find out the role of Local Government in developing a participatory Local Legislation Program.This study was a non-doctrinal or empirical law research that was exploratory in nature. The research was taken place in Surakarta. The types of data used were primary and secondary data. The primary data source was obtained from the result of interview with the Meeting and Legislation Division of Surakarta City’s Local Legislative Assembly, Law and Human Right Division of Surakarta City Government, Non Government Organization, and Political Parties related to the development of participatory Local Legislation Program. The secondary data source  derived from the law materials involving primary, secondary, and tertiary law materials. Techniques of collecting data used were interview and library study from the books, legislations, documents, and etc. The data analysis was done using an interactive model of qualitative analysis starting with data collection, then data reduction, data display, and finally conclusion drawing.To make a description and perception on the problem, the local government, local legislation, and democratic theories. From the discussion of research result, the following conclusion could be drawn: Democracy is a part of  constitutional state of Indonesia characterized by among other community participation in the government as the form of people sovereignty. In the process of developing Local Regulation, the participatory Local Legislation Program occupies a very important position because it can become the reference concerning the scale of Local Regulation draft development priority for 1-year period corresponding to the mandate of Act Number 12 of 2011 about the Legislation Development. For that reason, the local government, in this case Municipal Government and Local Legislative Assembly as the holder of authority of developing Local Legislation Program should pass through the participatory mechanism by involving the people and stakeholders such as Non Government Organization so that the Local Legislation Program yielded was the aspiratory and participatory proposals of Local Regulation Draft and in practice, such the proposals of Local Regulation Draft was developed in planned, integrated and systematic manner.
Pergeseran Kekuasaan Tipologi Ketiga; Fenomena Kekuasaan Ke Arah Constitusional Heavy Windrawan, Puguh
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (533.716 KB) | DOI: 10.31078/jk%x

Abstract

The Constitutional Court plays a central role in the democratic system governance. With a solid perspective of balancing  state  power,  the  court  has  been set up to interpret and review of conformity of every act and regulation. In Indonesia, a constitutional court presence has an important meaning amid power shifting processes. As the supremacy to some extent moving away from the executive authority, the constitutional court appears as the most prominence body instead of legislative board. In accordance with its duties and functions, the institution is able to give juridical interpretations to examine every regulation against The Constitution of The Republic of Indonesia 1945.
Implikasi Putusan Mahkamah Konstitusi Terhadap Regulasi Production Sharing Contract Husna TR, Cut Asmaul
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (341.14 KB) | DOI: 10.31078/jk%x

Abstract

After the Constitutional Court ruling has implications for regulatory 36/ PUU-X/2012 production sharing contract. Relationship between BP Migas (state) with the Business Entity or Permanent Establishment has put the state’s position and business entities or permanent establishments that manage oil and gas in an equal position. As a result, the state lost discretion to make regulations for the benefit of the people, but the state, as a representation of the people in the control  of natural resources should have the discretion to make rules that benefit the overall prosperity of the people. Some of the conditions are far from optimal, Indonesian   oil and gas industry is still heavily dependent on foreign domination. Associated with the conditions present in Aceh, the amount of funding for oil and gas shares, did not show a decrease in the poverty rate

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