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INDONESIA
Jurnal Konstitusi
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 8 Documents
 1 
Search results for , issue "Vol 9, No 2 (2012)" : 8 Documents clear
Korupsi dan Pembalikan Beban Pembuktian Wahyu Wiriadinata
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (447.952 KB) | DOI: 10.31078/jk924

Abstract

This paper was intended to answer a question on the extent of the effectiveness of a reversal burden of proof as stipulated in positive (prevailing) Indonesia law, that is, as provided for in Law Number 31 of 1999 on Eradication of Corruption Crime. Then, a problem that rose next was: could the application of reversal burden of proof in proving a corruption crime case prevent or reduce or even eliminate totally corruption crimes in Indonesia? This research built on a theoretical frame of thought from Roscoe Pound, who maintains that law is a tool of social engineering. This concept was cited by Muchtar Kusumaatmadja, who adapted it to Indonesia conditions and transformed it to be law as a social engineering medium.  Law should be made as a medium of reforming and resolving all problems that emerge in community, including corruption crimes. One of the things to reform is the law of proof system, that is, from a conventional proof system to a reversal system. This paper was written by a juridical-normative method, that is, by studying legislations, both contained in laws and in literature/books on legal science, particularly legislations relating to reversal burden of proof. Then, the results, in a form of juridical aspect, were written in a descriptive-analytical form. The conclusion of this research was  an answer to the problems put forward above, that is: Corruption crimes have    been occurring continuously till now in Indonesia. Thus, Law Number 31 of 1999, Article 37, has not been effective yet in eradicating corruption crimes. Therefore, it needs to apply a pure reversal burden of proof by avoiding the incidence of bureaucratic chaos.
Prinsip Regulatory Impact Assessment dalam Proses Penyusunan Peraturan Perundang-Undangan Sesuai UU Nomor 12 Tahun 2011 Suska Suska
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (586.774 KB) | DOI: 10.31078/jk926

Abstract

Regulatory impact assessment (RIA) is a method of policy development with an approach that accommodate all requirements in regulatory process. This method improved rapidly in early 2000 and used widely in OECD countries. Regulatory framework in Indonesia is regulated in Law number 12 Year 2011 about the Making of Law assigned the process of lawmaking. This research compares the RIA’s concept with the process in Law number 12 . The result of the research shows there are some processes in RIA which are not covered by the process in the Law particularly about the coverage of all possible alternatives in the regulation including the benefit and cost analysis for each alternative and also monitoring mechanism to evaluate the effectiveness of the policy and recommend improvement for future regulation
Implikasi Putusan Mahkamah Konstitusi dalam Pemakzulan Presiden dan/atau Wakil Presiden di Indonesia Lisdhani Hamdan Siregar
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (423.33 KB) | DOI: 10.31078/jk923

Abstract

The one of Constitutional Court authority, commonly it called as a duty, has gived a verdict for Indonesian Legislative Assembly opinion about guess of inlegallity by doing President and or without Vice President. The characteristic of Constitutional Court’s verdict has been juridical final. As relative character of verdict, Constitutionan Court’s Verdict has not had a strength binding for The People Advisory Assembly as the last institution in settlement process for dismissal President and or without Vice President in their period to follow the Constitutional Court’s verdict, except to held plenary session like Indonesian Legislative Assembly’s opinion. It was a consequency of Article 7B Paragraph (6) Indonesian Constitution of 1945.
Dilematika Putusan Mahkamah Konstitusi vs Kekuatan Politik dalam Impeachment Presiden Nadir Nadir
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (451.646 KB) | DOI: 10.31078/jk925

Abstract

The involvement of the constitutional court of RI in examining and ruling on  the case of presidential impeachment is textually not the authority but obligation that whether or not presidential impeachment happen during president’s terms of office will be determined by the supporting political strength in the MPR session.  The decision taken in the session should be based on the decision of Constitutional Court as the interpreter and the guardian of the constitution. This condition causes Constitutional Court decision becomes dillematic because it will be determined by the political strength in the session of the MPR. Besides,the fact that three of the nine judges are proposed by the President and three other are proposed by DPR is also dilemmatic.
Mengkritisi HP-3 Perspektif Konstitusi dan Pemberdayaan Rakyat (Kontribusi Teori Sosiologi Membaca Putusan Nomor 3/PUU-VIII/2010) Faiq Tobroni
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (390.049 KB) | DOI: 10.31078/jk927

Abstract

This paper aims to criticize the contradictions of Rights of Coastal Management (HP-3) against the 1945 Constitution and the spirit of community empowerment. HP-3 became norm of the procedures for permitting management of Coastal and Small Islands Resources (SDP-PPK) as regulated in Law Number 27 Year  2007.    The recent study collects data through literature approach and analyzes them through qualitative methods. The findings are as follows. HP-3 is contrary to the 1945 Constitution. Unconstitutionality of HP-3 is caused by changing  SDP-PPK  from being common property right to be property right and ignoring alignments    to vulnerable populations (indigenous and traditional fisherman). The principle of empowerment that has significant power to revive the spirit of the constitution in HP-3 is improvement of capabilities and power for vulnerable people. These steps must be taken by creating articles that contain affirmative action for vulnerable people.
Potret Keterwakilan Perempuan dalam Wajah Politik Indonesia Perspektif Regulasi dan Implementasi Loura Hardjaloka
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (424.788 KB) | DOI: 10.31078/jk928

Abstract

In Article 28C paragraph (2) of the Constitution 1945, “Every person is entitled to advance himself in the fight for their rights to collectively build a community, nation and country”, Article 28D paragraph (3) which reads, “Every citizen is entitled to equal opportunities in government”, should be the basis for guaranteed political rights of women. However, parties often overlook the urgency of this women’s representation. In addition to the provisions of the 1945 Constitution, there is also Election Law, Article 7 and Article 8 of CEDAW and the Convention on the Political Rights of Women who all voiced that women have equal political rights with men. But will the urgency of women’s representation in politics is hampered due to negative stereotypes of women’s  capabilities.
Politik Hukum Perekonomian Berdasarkan Pasal 33 UUD 1945 Taufiqurrohman Syahuri
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (383.818 KB) | DOI: 10.31078/jk921

Abstract

Article 33 of the 1945 Constitution of the Republic of Indonesia regulates on National Economy and Social Welfare. Thoughts and ideas of the founding fathers  in drafting that article can be traced through the study of Political Law. The study was conducted by using historical approach to explore the ideas of the framers when drafting that article. Thoughts and ideas of the framers are the object of analysis in this essay. They are among other things: first, the seriousness of the state in protecting the entire nation and the homeland based on the concept of unity in a real effort to bring about social justice; second, the concept of “Social Welfare” is intended to guarantee the welfare to the state/government and all the people; third, the framers who are committed and convinced that the ideals of social justice in   the economy can achieve equitable prosperity; fourth, the framers requires that the state only do the maintenance (bestuursdaad) and process (beheersdaad), instead of proprietary (eigensdaad).
Ideologi Welfare State Konstitusi: Hak Menguasai Negara Atas Barang Tambang Marilang Marilang
Jurnal Konstitusi Vol 9, No 2 (2012)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (440.087 KB) | DOI: 10.31078/jk922

Abstract

Failures indicated by countries with individualistic capitalist liberal ideology (the classical rule of law state) and those with socialist ideology spawned welfare state ideology that seeks to combine the principles of the rule of law with the principles  of the socialist state which adopts the ideology that the state no longer functions as simply an instrument of power but is seen as a tool of service (an agency of service) in the form of policy-making, making arrangements, administration, management and supervision of mining products. Welfare state ideology is adopted by our constitution, so that the mandate of the 1945 Constitution, Article 33 paragraph (3) to the statewhich becomes the main tasks of the government in managing mining goods opens wide opportunities to realize maximum benefit for the people.

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