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Published by Pusat Penelitian dan Pengkajian Perkara dan Pengelolaan Perpustakaan Mahkamah Konstitusi Republik Indonesia

ISSN : 18297706 EISSN : 25481657 DOI : https://doi.org/10.31078/jk1841

Core Subject : Humanities, Social,

Humanities Law, Crime, Criminology & Criminal Justice

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 17, No 2 (2020)" : 10 Documents clear

Justifikasi Hak Politik Mantan Narapidana: Perspektif Hak Asasi Manusia dan Perundang-Undangan Cipto Prayitno
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

Decision of the Supreme Court Number 46 P/HUM/2018 regarding judicial review which invalidates the provisions of the Article 4 paragraph (3) of the General Election Commission Regulation Number 20 Year 2018 which states the prohibition of including candidates who are ex-convicts of drug cases, sexual crimes and corruption. However, the enactment of General Election Commission Regulation triggered pros and cons. On the one hand, the substance of the regulation regulates the prohibition and revoking the political rights of ex-convicted and contrary with the higher regulations, because it regulates the contrary substance with higher regulation. But on the other hand, this is a progressive step which is the hope for parties to shown the good image and free corruption legislative bodies. This paper raises 2 (two) problem formulations are (1) how is the regulation through the Election Commission Regulation related to political rights of convicted corruption cases and (2) how is the justification of the Human Rights dimension of the political rights of ex-corruption convicted. The purpose of this paper is to examine and find out how the General Election Commission Regulation Number 20 Year 2018 regulates the political rights of ex-corruption convicted as well as legal implications of the Supreme Court Decision Number 46 P/HUM/2018 towards General Election Commission Regulation Number 20 Year 2018. This study specifically uses normative legal method through library research and analyzed systematization into a descriptive analytical paper. The results showed that the enactment of the Election Commission Regulation that normalized the prohibition of passive political rights for ex-convicts contained several weaknesses and ultimately annulled by the Supreme Court’s Decision. Viewed from the perspective of Human Rights related to political-rights, in its application, there must be a limitation in the time of the revocation of rights.

Logika Hukum Putusan Mahkamah Konstitusi Terkait Uji Konstitusional Undang-Undang Jabatan Notaris Iskandar Muda
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

Settlement of the problem of testing the law in the Constitutional Court (constitutional review) is also needed to find out the logic of the law and its relationship. If two statements are displayed simultaneously it will give rise to what by logic is called “logic relationship.” In the settlement of the six cases of constitutional review of the law on the Position of Notary Public (Law No. 30 Year 2004) and its Amendments (Law No. 2 Year 2014) revealed the use of various kinds of legal logic in legal considerations (ratio decidendi) of the Court. This research is a legal research using normative approach. The results showed that: (i) Constitutional Court Decision No. 009-014/PUU-III/2005 uses the legal logic of “equivalence relations,” (ii) Constitutional Court Decision No. 52/PUU-VIII/2010 uses the legal logic of “independent relationship,” (iii) Constitutional Court Decision No. 49/PUU-X/2012 uses the legal logic of “contradictory relationship,” (iv) Constitutional Court Decision No. 72/PUU-XII/2014 uses the legal logic of “independent relationship,” (v) Constitutional Court Decision No. 43/PUU-XV/2017 uses the legal logic of “independent relationship,” and (vi) in Constitutional Court Decision No. 22/PUU-XVII/2019 uses the legal logic of “contradictory relationship.”

Purifikasi Anggota Dewan Perwakilan Daerah Pasca Putusan Mahkamah Konstitusi No. 30/PUU-XVI/2018 M. Yasin Al Arif; Hasanuddin Muhammad
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

In the representation system, the Regional Representative Assembly (DPD) has an important role to articulate regional interests in state and government practices. Therefore, the DPD has an equal position with the DPR. This paper aims to determine the implications of the Constitutional Court's decision No. 30/PUUXVI/2018 on electoral developments in Indonesia especially the general election of DPD members which is limited to two main issues. First, what are the legal implications of the Constitutional Court's decision No. 30/PUU-XVI/2018 on the nomination of DPD and, second, what is the urgency of affirming DPD RI Members to be free from members of political parties? The results of the study indicate that the legal implications arising after the issuance of the Constitutional Court's decision No. 30/PUU-XVI/2018 happened to change the mechanism of registration of candidates for election candidates for DPD members and the urgency of affirming DPD members to be free from political parties is to avoid double representations and to strengthen the principle of checks and balances between the DPD and the DPR.

Penggunaan Global Positioning System dalam Tafsir Konstitusional Hak atas Informasi Hwian Christianto
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

Constitutional Court Decision Number 23/PUU-XVI/2018 has become the most waited decision by the society as the user of technology in driving, more specifically the use of Global Positioning System (GPS). There are at least 2 (two) main issues which are debated in the submission of the application of the constitutional testing of Article 106 paragraph (1) and Article 283 of Law 22/2009. First, the use of GPS is needed by the society so that it has become a part of the fulfillment of economical right. Second, the effort of protection of public order is being maintained by the former of Law 22/2009. A normative judicial method was used based on the legal principles, the ongoing regulations, and the consideration of the court on the legal issues being discussed. The court in the consideration gave a philosophical historical analysis on the existence of both rules of law as the base to understand the important meaning of the ban on the activity that causes distractions in driving on the street. Strangely, the court did not directly state that the use of GPS was definitely included in the second scope of both rules of law. The use of GPS needs to be case studied as an action that distracts concentration. Although the court finally stated that the application was denied, the decision gave a balanced understanding on the need of GPS as the navigation system while driving and the protection of the road users.

Pembatasan Hak Bagi Mantan Terpidana Korupsi Menjadi Calon Kepala Daerah Donal Fariz
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

Election as an instrument of elite circulation actually creates another problem, namely corruption. A strict of legal instrument is needed to arrange nominations for candidates for public officials, one of which is the head of the region in order to obtain qualified candidates with integrity to be elected by voters. One form is by limiting the rights of former convicted corruption cases to be able to run for candidates for regional head. These restrictions are permitted conceptually and are emphasized through a number of decisions of the Constitutional Court. Research questions in this paper consist of: first, how are the problems of corruption and democracy that occur in Indonesia? Second, how are the concepts and regulation on the right of politics? Third, how are the development of the decisions of the Constitutional Court related to the right for former convicts of corruption to run for candidates as regional heads? This research uses the normative juridical method.

Pembatasan Kekuasaan Presiden dalam Melakukan Perjanjian Pinjaman Luar Negeri Pasca Amandemen UUD 1945 Merdiansa Paputungan; Zainal Arifin Hoesein
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

Salah satu isu yang menjadi konteks empiris pada saat amandemen UUD 1945, adalah pinjaman luar negeri Indonesia pada masa Orde Baru. Hal ini mendorong perubahan Pasal 11 UUD 1945, yang pada pokoknya menentukan sebuah keharusan bagi Presiden untuk mendapatkan persetujuan DPR dalam membuat perjanjian pinjaman luar negeri. Akan tetapi dalam pengaturan kemudian, persetujuan DPR sebagai bentuk pembatasan kekuasaan Presiden di bidang diplomatik ini, justru direduksi menjadi persetujuan yang terbatas diberikan terhadap Undang-Undang APBN. Penelitian ini dimaksudkan untuk mengurai berbagai permasalahan seputar persetujuan DPR sebagai bentuk pembatasan kekuasaan Presiden, dan pengaturannya dalam Peraturan Perundang-Undangan Pasca amandemen UUD 1945.

Pemilihan Umum Serentak yang Berintegritas sebagai Pembaruan Demokrasi Indonesia Achmad Edi Subiyanto
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

The implementation of the General Election of the President and Vice President after the General Election of Members of the House of Representatives, the Regional Representatives Council, and the Regional People’s Legislative Assembly turned out to be unable to become a tool for transforming social change in the desired direction. The experience of these constitutional practices did not strengthen the governance system desired by the 1945 Constitution of the Republic of Indonesia. That, through the Decision of the Constitutional Court General Elections are held simultaneously. However, there are weaknesses in the preparation of the policy for implementing general elections simultaneously. The decision of the Constitutional Court should be followed by an evidence-based policy making process with strong data and based on simulations of implementation. Therefore, the burden of organizing General Elections can be identified from the start and steps to minimize risk can be considered if things happen that are not desirable. Then what is equally important is that it needs to be evaluated on the issue of the integrity of the organizers or participants of the General Election, for example by tightening the recruitment system, so that it can create simultaneous elections with integrity in the future

Kedudukan Fraksi di Dewan Perwakilan Rakyat Republik Indonesia Pasca Reformasi Fathan Ali Mubiina
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

The Faction of Political Party in the Indonesian House of Representatives or Parliament is as a strategic forum in the political system in Indonesia in order to connect between the process of forming government policy both in the executive and legislative branches with its citizens as a form of structured channeling of aspirations. Because in political parties there is a form of institutionalization of the expression of ideas, thoughts, views, and free beliefs in a democratic society. Then the political parties also according to the laws and regulations in force in the history of the development of political parties after the reform is to function as political education, absorb, channel and fight for the interests of the community, and prepare community members to fill political positions in accordance with the existing democratic mechanism in Indonesia through representative democracy. The pattern of relations between political parties and the DPR RI is quite simple, namely political parties have the right to participate in the election process for legislative members in the DPR RI. This legal research is prescriptive in nature, which is carried out to solve the legal issues at hand.

Relevansi Putusan Mahkamah Konstitusi Nomor 22/PUU-XV/2017 dalam Upaya Mencegah Perkawinan Usia Anak Haniah Ilhami
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

This research concludes that the Constitutional Court Decision Number 22 / PUU-XV / 2017 which mandates the legislators to revise the age-limit of marriage, is irrelevant in preventing child-age marriages. Indonesian marriage legal system continues to open up opportunities for deviations of the principle of age-limit of marriage through Dispensation of Marriage. This research finds the juridical development on Dispensation of Marriage on the type of marriage requiring Dispensation of Marriage, the applicant of Dispensation of Marriage, the authority to provide Dispensation of Marriage, and the administrative requirements to submit the Dispensation. Based on these developments, several factors that cause irrelevancy of the Constitutional Court Decision Number 22 / PUU-XV / 2017 in preventing child-age marriages are the absence of specific requirements in the application of Dispensation of Marriage to the court, the existence of the Principle of Freedom in procedural law, the voluntary nature attached in the request for Dispensation of Marriage, as well as the extension of provisions of applicants who can submit an application to the court.

Menata Ulang Relasi Majelis Permusyawaratan Rakyat dan Presiden Melalui Politik Hukum Haluan Negara Sutan Sorik; Dian Aulia
Jurnal Konstitusi Vol 17, No 2 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

This study discusses the relationship between the MPR and the President in the formation, establishment and accountability of achieving national development. The research method used in this study is qualitative, with normative juridical type of research. The results of the study indicate that post-national development reform is not based on concrete guidelines as outlined in the State Policy. Development is carried out by the President and Vice President elected by referring to the vision and mission at the time of nominating the presidential and vice presidential elections. So that national development often experiences political conflicts that cause unsustainable national development, it is also due to the absence of state institutions that are able to fully control the achievement of national development plans and their accountability. Therefore, the arrangement of relations between the MPR and the President should have been carried out. Ideally, it is expected that the MPR and the President will work together in making and setting the country’s direction. The MPR and the President must coordinate with the principle of checks and balances. So that the goal of forming an Indonesian government listed in the fourth paragraph of the opening of the 1945 Constitution can be achieved.

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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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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