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Abdul Basid Fuadi
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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
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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 9 Documents
 1 
Search results for , issue "Vol. 20 No. 2 (2023)" : 9 Documents clear
Activating Unconstitutional Norms in Law: An Analysis of the Principle of Checks and Balances: Menghidupkan Norma Inkonstitusional dalam Undang-Undang: Suatu Analisis Prinsip Checks and Balances Costantinus Fatlolon
Jurnal Konstitusi Vol. 20 No. 2 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2027

Abstract

The existence of norms in the law that have been declared unconstitutional by the Constitutional Court, but re-included in the process of forming laws, can cause harm to the rights of citizens that have been guaranteed by the 1945 Constitution, especially if they are placed in the concept of checks and balances. This study has two objectives, namely, first, to analyze the concept of checks and balances and examples of norms that were canceled by the Constitutional Court but revived. Second, the implications of bringing unconstitutional norms to life. This research was conducted using normative juridical research. The results showed that the principle of checks and balances requires that legislative, executive, and judicial powers control each other. Some unconstitutional norms, but re-enacted, are spread through some statutes. The consequences if an unconstitutional article is reinserted into the law, it will threaten the system of checks and balances that have been agreed upon and affirmed in the 1945 NRI Constitution. In order to apply the principle of checks and balances, reviving an unconstitutional clause that has been overturned by the Constitutional Court must be rejected.
The Problem of Citizenship Requirements for Presidential and Vice Presidential Candidates in Indonesia: Problematika Persyaratan Kewarganegaraan Calon Presiden dan Wakil Presiden di Indonesia Sutan Sorik; Fitra Arsil; Qurrata Ayuni
Jurnal Konstitusi Vol. 20 No. 2 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2021

Abstract

This article examines the problematic citizenship requirements of presidential and vice presidential candidates in Indonesia. The research method used is qualitative, with normative juridical research and constitutional comparisons with fifty countries in the world that adhere to presidential government systems. The results of the study show that each country regulates the citizenship requirements of Presidential and Vice-Presidential Candidates in its constitution. The regulation of the citizenship requirements for the candidates for President and Vice President in Constitution of the Republic of Indonesia is ideal because it is not discriminatory and also does not have multiple interpretations. Based on a comparison with fifty countries, the regulation of citizenship requirements in Indonesia falls into the first category, namely citizen/nasionality by birth/born. The challenge for Indonesia in the future is how to implement these constitutional provisions without being politicized, especially when the Presidential and Vice-Presidential Elections will be held.
Legal Standing to the Corruption Eradication Commission as a Applicant for the Dissolution of a Political Party at the Constitutional Court: Legal Standing Komisi Pemberantasan Korupsi Sebagai Pemohon Pembubaran Partai Politik di Mahkamah Konstitusi Putra Perdana Ahmad Saifulloh; Beni Kurnia Illahi; Sonia Ivana Barus
Jurnal Konstitusi Vol. 20 No. 2 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2028

Abstract

This study criticizes the weakness of the regulation that solely grants Legal Standing for Petitioners seeking the Dissolution of Political Parties at the Constitutional Court to the Government, comprising the Attorney General and the Minister appointed by the President. Another approach is necessary for the Dissolution of Political Parties, which entails providing Legal Standing to the Corruption Eradication Commission, an Executive Entity that is not directly subordinate to the President. Public Trust in the Corruption Eradication Commission remains considerably high, rendering it suitable for representing the Government as a Petitioner for the Dissolution of a Political Party. Consequently, legislators must revise the Constitutional Court Law, the Corruption Eradication Commission Law, and the Constitutional Court's Regulation regarding Procedures for the Dissolution of Political Parties, thereby granting legal standing to the Corruption Eradication Commission as the Petitioner for Dissolving Political Parties.
Strength of Constitutional Court Decisions in Judicial Review of the 1945 Constitution in Indonesia: Kekuatan Putusan Mahkamah Konstitusi dalam Pengujian Undang-Undang terhadap Undang-Undang Dasar 1945 di Indonesia Mexsasai Indra; Geofani Milthree Saragih; Mohamad Hidayat Muhtar
Jurnal Konstitusi Vol. 20 No. 2 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2026

Abstract

This research discusses the strength of the Constitutional Court's decision regarding judicial review in Indonesia. The Constitutional Court is an institution of judicial power tasked with exercising the authority of judicial review born from the 3rd Amendment to the 1945 Constitution. In this study, the philosophical and normative foundations that form the basis for the strength of the Constitutional Court's decision to conduct judicial review will be discussed. The method used is normative juridical, using secondary materials such as laws, decisions of the Constitutional Court, and related legal literature. This study's results confirm that the Constitutional Court's decision to conduct a judicial review has a powerful dimension of power. This power can be viewed from several angles, both philosophical and normative. In the philosophical aspect, the strength of the Constitutional Court's decision lies in the principles of popular sovereignty and constitutional supremacy. While in the normative aspect, the strength of the Constitutional Court's decision is based on the provisions of laws and regulations governing the authority and procedures of the Constitutional Court in conducting judicial reviews.
Strengthen Constitutional Court’s Decision as Political Legal Perspective in Legislative Branch : Penguatan Putusan Mahkamah Konstitusi sebagai Politik Hukum Legislatif Aprilian Sumodiningrat
Jurnal Konstitusi Vol. 20 No. 2 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2025

Abstract

The disobedience of the Constitutional Court’s decisions is founded in the law-making processes that contradict the decision. Those disobediences have been intentional in some cases. This paper aims to discuss reinforcing the implementation of the Constitutional Court decision, especially in law-making processes. There are two research questions: First, what is the urgency to emphasize the decision in law-making processes? Second, what is the solution to the disobedience of the decision? This research uses normative juridical research methods with a conceptual approach to analyze those issues. This study provides: first, the obstacles to enforcing the Constitutional Court decision and strengthens the decision to bond the legislative branch. Second, the solution to the disobedience phenomenon is also interpreted as a commitment to encourage awareness of the legislative branch. The other solution is to put the constitutional court’s decision in the Law Making Act as one of the considerations in the law-making process.
The Problems of Appointment Acting Officer of Regional Head in the Transition Period Before the Election of 2024: Problematika Pengisian Jabatan Penjabat Kepala Daerah di Masa Transisi Pra Pilkada 2024 Rahmazani Rahmazani
Jurnal Konstitusi Vol. 20 No. 2 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2022

Abstract

The appointment of officials during the 2024 pre-election transition period was carried out by central government to fill the transitional period for regional heads due to the postponement of the regional elections. This research is intended to know the mechanism for filling the acting officer and concluding that the results of filling the positions referred to the optimal implementation of regional government. This research is an empirical legal research. The appointment of positions has been carried out by central government, but there is no measurable mechanism in the process because there are no specific rules governing this matter. The Constitutional Court has mandated to issue implementing regulations for Article 201 Law Number 10 Year 2016 so that placement of officer is within the corridors of a rule of law and democracy. Unfortunately the government did not heed the mandate, resulting in various problems in the process of appointing positions.
Legitimacy of Non-Formal Constitutional Reforms and Restrictions on Constitutionalism: Legitimasi Perubahan Konstitusi Non-formal dan Pembatasannya dalam Paham Konstitusionalisme Fajlurrahman Jurdi; Ahmad Yani
Jurnal Konstitusi Vol. 20 No. 2 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2024

Abstract

Non-formal constitutional change through legislative and judicial interpretation raises issues of legitimacy, and restrictions on non-formal changes can be made. This research aims to determine the legitimacy and explore the limitations of non-formal constitutional changes. This research uses normative legal methods with statutory, conceptual and case approaches. The results show that the legitimacy of non-formal constitutional changes is measured based on procedural legitimacy; that is, non-formal changes must be based on authority, and these changes do not affect the meaning of the Constitution as a whole. It is also measured based on substantial legitimacy; namely, non-formal changes to protect human rights. The limitation on changing the non-formal constitution is based on the main substance, which cannot be changed through non-formal changes such as constitutional structure, human rights, restrictions on authority and restrictions based on the moral constitution of the oath of office to implement and enforce the constitution.
Dynamics on Constitutional Court Decision towards Indonesia Citizenship Arrangement: Dinamika Putusan Mahkamah Konstitusi terhadap Pengaturan Kewarganegaraan Indonesia Bagus Hermanto
Jurnal Konstitusi Vol. 20 No. 2 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2023

Abstract

The 1945 Constitution amendment led into Indonesia state order transition that related also towards state fundamental aspects, including citizenship issue. Discourse has been raises on material and formal context on citizenship arrangement, and develops consideration according to Constitutional Court consent into several Constitutional Court Decisions. This article intention related on dynamics and problematic over citizenship arrangement after Indonesi reform, and Constitutional Court Decision consideration on citizenship issues to evaluate needs to reformulate citizenship arrangement. This article was arranged based on legal research with thesis on arrangement dynamics and Constitutional Court Decision relevance on citizenship supported with statutory laws, conceptual, legal facts, and legal cases approaches. The results reflected citizenship arrangement dynamics related material, formal, legal needs, era and human rights development comprehensively. The Constitutional Court Decision considers Indonesia citizenship into nationalities, maximum protection, full constitutional rights, and comitment to defending single citizenship stelsel into current statutory laws.
Redesign of Positive Fictitious Efforts After the Job Creation Law : Redesain Upaya Fiktif Positif Pasca Undang-Undang Cipta Kerja Zaka Firma Aditya; Sholahuddin Al-Fatih
Jurnal Konstitusi Vol. 20 No. 2 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2029

Abstract

The Job Creation Law has not only changed positive-fictitious construction from ten to five days, but also abolished the administration court authority in deciding positive-fictitious applications. Naturally, every administrative action can be sued by the public to court with the aim that these actions follow legal rules and human rights values. Thus, the administrative court authority in deciding positive-fictitious applications is a control mechanism so that there is no abuse of authority from government. This article discuss: 1) the legal-historical and dynamics of positive-fictitious decisions; 2) the implications of positive-fictitious arrangements in job creation law, and 3) the redesign of positive-fictitious efforts after job creation law. The results of this research indicate that after the Job Creation Law, it is necessary to review the positive-fictitious decisions, especially by paying attention to the institution authorized to decide on fictitious applications, the use of AI applications, and the time of fictitious submissions.

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