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<![CDATA[Integrasi Konstitusional Kewenangan Judicial Review Mahkamah Konstitusi dan Mahkamah Agung ]]>
<![CDATA[Maruarar Siahaan]]>
<![CDATA[ Jurnal Konstitusi Vol 17, No 4 (2020) ]]>
Publisher : <![CDATA[The Constitutional Court of the Republic of Indonesia ]]>
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DOI: 10.31078/jk1742
<![CDATA[The separation of judicial review authority of the rules and regulation between the Supreme Court and the Constitutional Court raises many questions, what is the reason for the Reform of the 1945 Constitution to make this separation. The results of the study state that in countries that adopt the civil law system submit all judicial review authority to the MK, so that the separation of testing or judicial review that separates between the law that is the authority of the MK, and the testing of legislation under the law becomes the authority MA, is considered an awkward thing. Implications of the MK’s decision to test the legal norms of the 1945 Constitution, the scope of which may be horizontal to the same norms in the law, and vertically down to the rule of law as the implementation of the law that has been tested and stated to have no binding legal force. Conceptually the judicial review of the legislation should be under one roof. The burden of handling matters in the Supreme Court, can be a sufficient basis that the handling of judicial review under one roof system by the Constitutional Court, requires new interpretation or amendment to the 1945 Constitution, However, the conception will be difficult to realize except with the amendment of the 1945 Constitution because the divided judicial review authority is explicitly regulated in the 1945 Constitution. This will change if the MK’s decision with “courage” can give a new interpretation of the constitution, or through application of inherent/implied power jurisdiction of judicial constitutional review ”, then the granting and regulation of separate authorities made explicitly and expressively verbis in Article 24A and 24C, can be realized without demanding amendment to the 1945 Constitution concerning Article 24A paragraph (1) and Article 24C paragraph (1) of the 1945 Constitution.]]>
<![CDATA[Perlindungan Hak Konstitusional Masyarakat Pesisir : Urgensi Harmonisasi Regulasi Pengelolaan Pesisir Terpadu ]]>
<![CDATA[Mohammad Mahrus Ali]]>;
<![CDATA[Zaka Firma Aditya]]>;
<![CDATA[Abdul Basid Fuadi]]>
<![CDATA[ Jurnal Konstitusi Vol 17, No 4 (2020) ]]>
Publisher : <![CDATA[The Constitutional Court of the Republic of Indonesia ]]>
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DOI: 10.31078/jk1745
<![CDATA[Ten years ago, the Constitutional Court Decision Number 3/PUU-VIII/2010 confirmed that the granting of concession rights for coastal waters (after this: HP3) by the government to private parties was contrary against the constitution, especially Article 33 paragraph (4) of the 1945 Constitution. Legislators then respond to the decision to revise Law No. 27 of 2007 as Law No. 1 of 2014 on the Amendment of Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands. The revision has changed the HP3 regime from Law 27/2007 to the licensing regime in Law 1/2014. Unfortunately, these changes would lead to various juridical problems ranging from conflict between the laws and regulations under legislation that ultimately is potentially detrimental to the constitutional rights of coastal communities. This research focuses on juridical and sociological aspects related to the coastal communities protection of constitutional rights after the Constitutional Court Decision Number 3/PUU-VIII/2010. This research in-depth discusses the follow-up of the Constitutional Court decision a quo by legislators, central government, local governments, stakeholders, and the fulfilment of the constitutional rights of coastal communities. This research is normative legal research by examining the Constitutional Court decision Number 3/PUU-VIII/2010. The descriptive discussion used to understand coastal zone management law's politics to fulfil the constitutional rights of coastal communities. Besides, integrated coastal zone management (Integrated Coastal Zone Management) is a dynamic process, multidisciplinary, and repeated to promote sustainable coastal areas' sustainable management. It includes the whole cycle of information collection, planning, decision-making, management, and implementation monitoring.]]>
<![CDATA[Kewajiban Pemenuhan Hak Konstitusional Teman Tuli dalam Mengakses Informasi di Mahkamah Konstitusi ]]>
<![CDATA[Rima Yuwana Yustikaningrum]]>
<![CDATA[ Jurnal Konstitusi Vol 17, No 4 (2020) ]]>
Publisher : <![CDATA[The Constitutional Court of the Republic of Indonesia ]]>
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DOI: 10.31078/jk1747
<![CDATA[As one of the judiciary bodies in Indonesia, which plays a role as the human right protector, the Constitutional Court have a significant part to ensure the fulfilment of the Indonesians’ human right. Moreover, before signing the Convention on the Rights of Persons with Disabilities in 2007 in New York and ratifying it in 2011, Indonesia had recognized human rights under its constitution, namely UUD 1945. Furthermore, the government of Republic Indonesia has been approving Act number 8 the Year 2016 about Persons with Disabilities in 2016. Under this act, the deaf has its recognized rights, especially to access information, to choose the preferable kind communication forms as it needs, and the affirmation of the state’s obligations to fulfil their human rights equally. However, the Constitutional Court has yet to have a standard operating procedure yet which specifically regulates the mechanism of accessible information for the deaf. Accordingly, in disseminating information to the public, not all people can access the information. In other words, the deaf find difficulties to comprehend the content of the message conveyed by the Court to the public as the Court do not consistently provide any tools, such as sign language interpreter and written texts. Thus, it is safe to submit that accessible information is yet to be provided by the Court in terms of publishing the information to the public. This article discusses the obligation of the Constitutional Court to ensure the fulfillment of the deaf right to access information. The aim of elaborating some related cases law and an applied standard operational procedure in Georgia’s Court in this article is that to remind the Constitutional Court to be consistent in ensuring the enjoyment and fulfillment of the deaf right to access information as the constitution recognize equality for all.]]>
<![CDATA[Menimbang Kedudukan Majelis Kehormatan Mahkamah Konstitusi Setelah Terbitnya Undang-Undang Nomor 7 Tahun 2020 ]]>
<![CDATA[Zuhad Aji Firmantoro]]>
<![CDATA[ Jurnal Konstitusi Vol 17, No 4 (2020) ]]>
Publisher : <![CDATA[The Constitutional Court of the Republic of Indonesia ]]>
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DOI: 10.31078/jk1749
<![CDATA[This research elaborates the Constitutional Court interpretation within Decision No. 49/PUU-IX/2011 on judicial review of Law No. 8 of 2011 on amendments of Law No. 24 of 2003 on the Constitutional Court which its decision has granted mostly the petitioner’s petitions to change the Honorary Council of the Constitutional Court members composition. There are at least two examined issues in this study, they are: Firstly, does the addition of elements House of Representative, Government and the Supreme Court contradict Article 1 paragraph (3) and Article 24 paragraph (1) and (2) of the 1945 Constitution? And secondly, what is the implication of the decision to repeal Article 27A paragraph (2) letters C, D, and E for check and balance between three branches of state government (executive, legislative and judicial) in Indonesia? This research is normative legal research that uses a conceptual approach, also reviewed with case studies related to material research. The results show; Firstly, based on the study to Indonesian Constitutional Court Decision No. 49/PUU-IX/2011 which accepted most of the petitioner’s petitions on judicial review of Law No. 8 of 2011, the Constitutional Court stated that the addition of elements House of Representative, Government and the Supreme Court as members in the Honorary Council of the Constitutional Court then legislators have endangered the freedom of judicial power as regulated Article 1 paragraph (3) and Article 24 paragraph (1) and (2) the 1945 Constitution. Secondly, this decision has an impact on the members of the Honorary Council of the Constitutional Court which only consists of two elements, namely the constitutional court and the judicial commission. Therefore, the Constitutional Court Decision is considered successful in keeping the principle of check and balance between three branches of state government in the Indonesian constitutional state system.]]>
<![CDATA[Mendialogkan Hakikat Hukum dan Keadilan Pada Berbagai Aliran Pemikiran Hukum dalam Novel Les Miserables ]]>
<![CDATA[Helmi Kasim]]>
<![CDATA[ Jurnal Konstitusi Vol 17, No 4 (2020) ]]>
Publisher : <![CDATA[The Constitutional Court of the Republic of Indonesia ]]>
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DOI: 10.31078/jk1743
<![CDATA[Justice should be clearly presented in the wording of written law since it will serve as a basis by law enforcement officer and judges in adjudicating cases. The spirit of justice that is contined in the written law should also inspire the way law is enforced and decision made. This paper tries to reflect the essence of justice and law through various plots and characters in Victor Hugo’s novel Les Miserable by looking at it from the perspective of various schools of legal thought. The reflection made shows that a legal event can be studied using various perspectives based on schools of thought in legal science. In the analysis, natural law schools of thought, positivism and feminist jurisprudence were used. Dialoguing these various schools of thought leads to a perspective on how law and justice should be perceived and then expressed normatively before being applied to society. ]]>
<![CDATA[Dampak Jaminan Fidusia Kredit Kendaraan Bermotor yang Tidak Didaftarkan terhadap Penerimaan Negara Bukan Pajak ]]>
<![CDATA[Akhmad Yasin]]>
<![CDATA[ Jurnal Konstitusi Vol 17, No 4 (2020) ]]>
Publisher : <![CDATA[The Constitutional Court of the Republic of Indonesia ]]>
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DOI: 10.31078/jk1746
<![CDATA[Motor vehicles ownership through finance companies can be realized after going through a series of procedures before a notary and fiduciary registration office. However, this series of procedures are not done by finance companies in providing motor vehicle financing to consumers. Increasing consumer financing to the public for motor vehicles ownership should also increase the number of non-tax state revenues from fiduciary guarantees. The study purpose is to know the legal consequences for fiduciary recipients who did not register their fiduciary guarantees and to know the impact of unregistered fiduciary guarantees on non-tax state revenue (PNBP). The formulation of the problem in the research question is how the legal consequences for fiduciary recipients who do not register their fiduciary guarantees and how the impact of unregistered fiduciary guarantees on non-tax state revenue (PNBP). The research method used is descriptive qualitative normative legal research using secondary data. The study results found that fiduciary finance companies/ recipients did not register their fiduciary guarantee, so they committed illegal acts by utilizing third parties to execute motorized vehicles that were not actually burdened with fiduciary guarantees. The executor’s right to fiduciary recipient is legally flawed because he does not hold a fiduciary guarantee certificate as a result of not registering a motorized vehicle as a fiduciary guarantee. The impact on state finances because they were not registering motor vehicles as fiduciary guarantees at the fiduciary registration office resulting in non-tax revenue (PNBP) being not optimal for the state.]]>
<![CDATA[Hak Pilih Kelompok Penyandang Disabilitas Dalam Pemilihan Umum Tahun 2019 Di Sumatera Barat ]]>
<![CDATA[Henny Andriani]]>;
<![CDATA[Feri Amsari]]>
<![CDATA[ Jurnal Konstitusi Vol 17, No 4 (2020) ]]>
Publisher : <![CDATA[The Constitutional Court of the Republic of Indonesia ]]>
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DOI: 10.31078/jk1744
<![CDATA[In the voting process at elections, the people who vote in the elections believe they can influence the actions of those who are authorized to make binding decisions. In other words, they believe that what they are doing has a political effect (political efficiency). So it is an important thing to protect the political rights of all citizens, including the voting rights owned by groups of people with disabilities. Based on the above background, there are at least two problem formulations that can be used as a fence in this research, namely What are the problems and violations of the rights of groups of persons with disabilities in the 2019 General Election ?; and How are the rights of groups of persons with disabilities protected in the 2019 General Election in West Sumatra?]]>
<![CDATA[Menakar Independensi Hakim Pengadilan Pajak Pasca Putusan MK Nomor 10/PUU-XVIII/2020 ]]>
<![CDATA[Ananthia Ayu Devitasari]]>
<![CDATA[ Jurnal Konstitusi Vol 17, No 4 (2020) ]]>
Publisher : <![CDATA[The Constitutional Court of the Republic of Indonesia ]]>
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DOI: 10.31078/jk1748
<![CDATA[Judicial independence is the main foundation for the of justice and legal certainty. Regarding the discourse on the independence of judicial power, the Constitutional Court decided on Case Number 10/PUU-XVIII/2020 which examined Article 5 paragraph (2) and Article 8 paragraph (2) of Law Number 14 of 2002 concerning the Tax Court. The Petitioners challenged the authority of Ministry of Finance to develop the organization, administration and finance for the Tax Court, the authority of the Minister of Finance to propose the chairperson and deputy chairman of the Tax Court. Furthermore, the Court in its ruling states that “the Chairperson and Deputy Chairperson are appointed by the President who is elected from and by the Judges who are subsequently proposed through the Minister with the approval of the Chief Justice of the Supreme Court for 1 (one) term of office for 5 (five) years”. This study examined the independence of the tax court judges after the Constitutional Court Decision Number 10 / PUU-XVIII / 2020 with independent judicial theory approach. This study showed that the Court’s decision not only supports the independence of the tax court judges but also draws a demarcation line between judicial power and executive power.]]>
<![CDATA[Refleksi Kedaulatan Negara dalam Penegakan Hukum Sumber Daya Alam Hayati di Zona Ekonomi Eksklusif ]]>
<![CDATA[Andriani Wahyuningtyas Novitasari]]>
<![CDATA[ Jurnal Konstitusi Vol 17, No 4 (2020) ]]>
Publisher : <![CDATA[The Constitutional Court of the Republic of Indonesia ]]>
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DOI: 10.31078/jk17410
<![CDATA[The international law regime on EEZ has been developed by the international community through the United Nations Conference on and state practices. This regime is intended to protect the interests of coastal states from the danger of being depleted of biological natural resources by fishing activities based on the free sea regime. In addition, the EEZ is also intended to protect the interests of the coastal state in the field of marine environment conservation as well as marine scientific research in order to support the use of natural resources in the zone. UNCLOS gives sovereign rights to Indonesia as a coastal state to explore and exploit natural resources in the EEZ as well as jurisdictions relating to the exercise of these sovereign rights. For that reason needs integrated law enforcement an effort to conserve living natural resources in ZEE Indonesia. By using the normative legal writing method, this study describes how the concept of law enforcement of living natural resources in Indonesia's EEZ based on various laws and regulations.]]>
<![CDATA[Constitutional Compliance Atas Putusan Pengujian Undang-Undang di Mahkamah Konstitusi oleh Adressat Putusan ]]>
<![CDATA[Uli Parulian Sihombing]]>
<![CDATA[ Jurnal Konstitusi Vol 17, No 4 (2020) ]]>
Publisher : <![CDATA[The Constitutional Court of the Republic of Indonesia ]]>
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DOI: 10.31078/jk1741
<![CDATA[Theoretically and conceptually the final decision means that the Constitutional Court’s decision is the first resort as well as the last resort for justice seekers. If it is related in the context of upholding the supremacy of the constitution, it certainly does not only stop at the cancellation of a norm of law that is contrary to the constitution, but rather how the decision on annulment is then obeyed and implemented. That is because the nature of the final MK decision. However, in the recent constitutional issues, compliance by state institutions in implementing the Constitutional Court’s decision becomes a problem because there are indications of non-compliance to follow up on the final and binding Constitutional Court’s decision. Based on this, the formulation of the problem to be answered in this study is how the level of compliance with the implementation of the judicial review decision in the Constitutional Court for the period 2013-2018. The research is a juridical normative research, with the main data source, namely secondary data, data analysis using analysis Qualitative and approach methods use the statute approach and conceptual approach. The results of this study indicate that there are three categories of levels of compliance with the implementation of the 2013-2018 PUU MK ruling, namely: full compliance; partially obeyed and not obeyed. The results of the study of the authors show that the majority of MK PUU decisions were complied with totaling 59 decisions or 54.12%. However, there are also some decisions that are not obeyed in whole or in other words only partially complied with as many as 6 decisions or equal to 5.50%. Whereas the decisions that were not complied with amounted to 24 decisions or 22.01%. The remaining 20 decisions, or 18.34%, have yet to be identified in terms of compliance because of two things, namely: 1) the constitutionality period given by the Constitutional Court in its decision has not been exceeded, meaning that the legislators still have time / opportunity to follow up; 2) there has been no follow-up at all from the adressat of the decision both normatively and praxis. Thus it can be concluded that the level of compliance with PUU MK decisions for the period 2013 - 2018 is still higher than the level of non-compliance with a ratio of 54.12% compared to 22.01%.]]>
