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Jurnal Konstitusi

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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. 18 No. 3 (2021)" : 10 Documents clear

Politik Hukum Pengaturan Keserentakan Pemilu Abdul Basid Fuadi
Jurnal Konstitusi Vol. 18 No. 3 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

General elections in Indonesia have shifted a lot motivated by efforts to seek their ideal form. The last time, elections were held simultaneously by combining the five types of elections stipulated in Article 22E of the 1945 Constitution. The various complexities and challenges of the 2019 election should be evaluated. Elections basically have two main objectives, 1) to produce a government that represents every element in society; 2) create a government that is able to govern well. This paper discusses about the complexity and challenges of the 2019 simultaneous election and how the ideal election timing is designed. This research uses normative legal research methods (legal research) with two approaches: normative approach and conceptual approach. This study resulted, first, there were technical complications in the 2019 Concurrent Election, namely the workload of the organizers, especially the KPPS; a significant increase in the election budget; and voter confusion due to too many types of elections which implicated too many candidate lists. Second, the Constitutional Court has determined six electoral models as well as constitutional ones, and this can be considered as judicial law politics. Lawmakers must immediately act on the Constitutional Court's decision by amending the electoral law which adopts one of the simultaneous election models.

Implementasi dan Akibat Hukum Penerapan Asas Lex Spesialis Derogat Legi Generalis terhadap Keistimewaan Aceh Titis Anindyajati; Winda Wijayanti; Intan Permata Putri
Jurnal Konstitusi Vol. 18 No. 3 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

The contestation to National Election Act’s implementation or principle of lex specialis derogat legi generalis as rule’s problem reference to regional dispute in Aceh. This research is a normative legal related to Aceh Election and Qanun on Election. The crucial problem with existence of special rules of Aceh’s privilege are not set by threshold conditions. Lex specialis derogate legi generali’s principle cannot be used in election dispute will contradict the 1945 Constitution. The Election Act cannot be ruled as dispute basis to Constitutional Court. The principle can be applied to cases that requirements, so harmonious legal drafting becomes urgency to formalize a special judicial body.

Putusan Mahkamah Konstitusi: Dampaknya terhadap Perubahan Undang-Undang dan Penegakan Hukum Pidana Nyoman Mas Aryani; Bagus Hermanto
Jurnal Konstitusi Vol. 18 No. 3 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Constitutional Court verdict have big impact for laws development including criminal law. In criminal law, the verdict caused change in norm both arranged inside Criminal Law Code and outside Criminal Law Code. Futhermore, this issue is interesting to study when it is connected with expansion authority of Constitutional Court from negative legislator to positive legislator. Constitutional Court verdict form as ‘conditional’ verdict either constitutional or conditional inconstitutional are example of the transformed Constitutional Court authority from negative legislator to positive legislator. As known, criminal law is basing on legality principle. Thus, the verdict especially ‘conditional’ verdict raises polemic in its implementation because not all the verdict can be followed by changing criminal law formally. This situation can inflict various difference in criminal law enforcement. Constitutional Court verdict evoke changing criminal law norm by decriminalization, depenalisation, offense transformation or interpretation criminal law elements that impact on material criminal law or formal criminal law. Without any follow up by changing criminal legislation, espesially when it is related with legalty principle, law enforcement officer can rule out Constitutional Court verdict. The inconsistency of law enforcement can provoke law uncertainty and violate citizen rights

Pengakuan Kedudukan Hukum Masyarakat Hukum Adat Matteko dalam Pengujian Undang-Undang di Mahkamah Konstitusi Faiz Rahman
Jurnal Konstitusi Vol. 18 No. 3 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

The constitution states that as long as the customary law community unit and its traditional rights are still alive and in accordance with the development of society and the principles of the unitary state of the Republic of Indonesia, the state recognizes and respects it. However, many problems faced by indigenous peoples have made them aware of their rights, so they have tried several times to make their constitutional rights recognized by positive law. One of them is the Matteko customary law community who lives in Erelembang village, Tompobulu sub-district, Gowa district, South Sulawesi. In order to obtain customary land (forest/land) rights, indigenous peoples must receive recognition and receive recognition in the form of legal products. The purpose of this study was to determine the recognition of the Matteko customary law community in the examination of the Constitutional Court Law and to determine the legal position of the Matteko customary law community in the examination of the Constitutional Court Act. The research method used is empirical normative legal research with primary and secondary data types, where the data sources come from field data and literature. The results of this study are known so far, the Matteko customary law community does not have the legal standing to submit an assessment at the Constitutional Court because it cannot prove recognition as an indigenous community either in the form of a Regional Regulation or a Regional Head Decree. In fact, the legal position of customary law community units in judicial review at the Constitutional Court is clearly stated in the legislation, so that many customary law community units that have not received legal recognition from the state do not have the legal standing to apply for judicial review. Law in the Constitutional Court

Integrasi Sistem Peradilan Pemilihan Umum melalui Pembentukan Mahkamah Pemilihan Umum Moch. Marsa Taufiqurrohman; Jayus Jayus; A'an Efendi
Jurnal Konstitusi Vol. 18 No. 3 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Elections that do not end only in counting votes, and instead have to be resolved in the judiciary, have unwittingly become a measure that can legitimize and assess the quality of democracy. This situation confirms that the existence of a judicial institution has become an important part of the sustainability of the election process. This research tries to re-evaluate the implementation process of the Election justice system in Indonesia. By using doctrinal normative legal research collaborated with the Reform Oriented Research method, this study found the problems faced in the Electoral justice system in Indonesia. These problems include the tug of war over regional head election dispute resolution, disintegration and overlapping authority for resolving general election disputes, the accumulation of Election disputes in the Constitutional Court, as well as problems regarding recall system for DPR members by political parties. In resolving these problems, this study offers an idea in the form of integrating the entire Election dispute resolution process in a Supreme Election Court. The Supreme Election Court will be positioned parallel to the Constitutional Court and Supreme Court. The Supreme Election Court has the authority to judge at the first and last levels whose decisions are final and binding to decide on violations of the code of ethics of Election administrators, violations of Election administration, election process disputes, election crimes, over results disputes and post-election disputes

Urgensi Penemuan Hukum dan Penggunaan Yurisprudensi dalam Kewenangan Mahkamah Konstitusi Imam Sujono
Jurnal Konstitusi Vol. 18 No. 3 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Indonesia is a democratic state based on law (constitutional democratic state), with understanding that Constitution has a position as the supreme law, because the whole administration of the state should be based on the Constitution. The Constitutional Court was present as the guardian of the constitution to realize realization of ideals of Indonesia as a democratic state based on law. The research entitled Rechtsvinding and Jurisprudence Used by the Constitutional Court examines the importance of rechtsvinding and the attachment of using jurisprudence in deciding cases according to the authority possessed by the Constitutional Court. This research uses the Socio Legal method, which is a research method that examines a problem through normative analysis, then uses a non-legal science approach that develops in society. The results of the research that has been done are; 1) penemuan law by the Constitutional Court interpreted as an effort to how the Constitutional Court interpreting the Constitution (1945), testing the laws against the 1945 Constitution, to decide the other cases the authority granted by the 1945 Constitution, 2) The Constitutional Court there is no obligation to be bound and is not there is a prohibition to use the jurisprudence of the Supreme Court and other courts under its environment as well as the jurisprudence of the Constitutional Court itself.

Pembaharuan Sistem Hukum Nasional Terkait Pengesahan Perjanjian Internasional dalam Perlindungan Hak Konstitusional Erlina Maria Christin Sinaga; Grenata Petra Claudia
Jurnal Konstitusi Vol. 18 No. 3 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

In making international agreements, the political influence of the presidential authority dominates over the authority the House of Representative. Ideally, the President and the DPR should be able to provide cumulative interpretations for the primat national law and international law on an international treaty. In the judicial review case, the Constitutional Court stated that Article 10 of the International Treaty Law was declared conditionally unconstitutional as long as only certain types of international agreements had to be approved by the DPR with a law. This paper wants to discuss the implications of the Constitutional Courts decision and the mechanism for making and ratification of International Agreement. The research method used is juridical normative with regulation and decision approaches. The result of study show thatapproval from DPR is a form of representation of the people which is a manifestation of the implementation of the principle of democracy. The Proposed Amendment to Law Number 24 of 2000 concerning International Treaties has been included in the National Legislation Program with the aim of perfecting the Law on International Treaties and harmonizing it with other laws and Contitutional Court’s decisions. So, the proposed Amendment, the mechanism for making and ratifying international agreements will increasingly prioritize National Interests and not harm the regions.

RETRACTED: Politik Hukum Pemerintah dalam Penanganan Pandemi Covid-19 Ditinjau Dari Perspektif Hak Asasi atas Kesehatan M Beni Kurniawan
Jurnal Konstitusi Vol. 18 No. 3 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1837

Jurnal Konstitusi has retracted article titled: "Politik Hukum Pemerintah dalam Penanganan Pandemi Covid-19 Ditinjau Dari Perspektif Hak Asasi atas Kesehatan" by M Beni Kurniawan, from Vol. 18, No. 3 (2021) since there has been similar publication found in Jurnal HAM Vol. 12, No. 1 (2021).This retraction announcement is necessary to maintain publication ethics.

Pemetaan Pola Permohonan dan Putusan dalam Pengujian Undang-Undang dengan Substansi Hukum Islam Dian Agung Wicaksono; Faiz Rahman; Khotibul Umam
Jurnal Konstitusi Vol. 18 No. 3 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

The existence of Islamic law substance in national law, specifically in an Act, has been indirectly placed the Constitutional Court in the position that also has a role in determining the development of Islamic law in the national law system. It can be seen in the context of judicial review of Act that has Islamic law substance or that explicitly regulates Islamic law. This research specifically answers: (a) how is the justification of the inclusion of Islamic law in Indonesian national law? (b) how are the pattern of judicial review petitions and court decisions of Acts related to Islamic law? This research is normative-juridical research, which analyses secondary data such as laws and regulations, Constitutional Court decisions, and articles related to the inclusion of Islamic law in the national law. The results show that the justification of the accommodation of Islamic law in the national law system is related to the construction of state and religion relationship. It indicates that Indonesia is not a religious state, but it is a state that has a divine principle. Furthermore, based on the analysis of judicial review decisions from 2003 to 2019, the pattern of petitions and court decisions of judicial reviews of laws related to Islamic law substance shows at least three main petitions, namely: (a) questioning state intervention in the implementation of Islamic law; (b) questioning the administration of the implementation of Islamic law; (c) petitions for the inclusion of Islamic law in the positive law.

Konstitusionalitas Pembatasan Hak Asasi Manusia dalam Putusan Mahkamah Konstitusi Idul Rishan
Jurnal Konstitusi Vol. 18 No. 3 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

This research try to disscus the Constitutional Court’s interpretation of Article 28J paragraph (2) of the constitution 1945; and the reasons used by constitutional court in declaring an human right limitation unconstitutional. This research is a normative legal research conducted on 19 decisions of constitutional court which contain unconstitutional human right limitation. This research conclude 4 reasons that cause unconstitutional human right limitation, there are; a) To violate the principle of human rights respectation; b) To contain element of discrimination; c) To violate the principle of legal certain; d) Not based on the strong, valid, rational, and proportional reason, and being exessif. Those reasons are alternative, which means that constitutional court can declare an human rights limitation on legislation as the unconstitutional norm only by one from that reasons.

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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

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Abstract

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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