Articles
540 Documents
<![CDATA[Relevansi Putusan Mahkamah Konstitusi Nomor 22/PUU-XV/2017 dalam Upaya Mencegah Perkawinan Usia Anak ]]>
<![CDATA[Haniah Ilhami]]>
<![CDATA[ Jurnal Konstitusi Vol 17, No 2 (2020) ]]>
Publisher : <![CDATA[The Constitutional Court of the Republic of Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (586.084 KB)
|
DOI: 10.31078/jk1723
<![CDATA[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.]]>
<![CDATA[Implikasi Omnibus Law Terhadap Hak Konstitusional Atas Lingkungan Hidup Yang Sehat ]]>
<![CDATA[Ahmad Gelora Mahardika]]>
<![CDATA[ Jurnal Konstitusi Vol. 18 No. 1 (2021) ]]>
Publisher : <![CDATA[Constitutional Court of the Republic of Indonesia, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (430.866 KB)
|
DOI: 10.31078/jk1819
<![CDATA[One of the goals of the formation of the omnibus law is to increase the index of ease of doing business in Indonesia, which is currently far behind other countries. One effort that was then carried out by the government was to cut down a number of permits, one of which was an environmental permit, namely the obligation to complete EIA and UKL-UPL documents. However, this regulation is actually contradictory to the spirit of sustainable development (SDGs) which development must be in line with environmental protection. The action also has the potential to violate Article 28H paragraph (1) of the 1945 Constitution which requires the state to ensure the protection of citizens' constitutional rights to a clean and healthy environment. Especially in countries that have the highest business ease indexes, such as Denmark, South Korea and the United States, the issuance of EIA documents is mandatory and is carried out strictly. Therefore this article will try to look at the implications of the omnibus law for citizens' constitutional rights to a clean and healthy environment.]]>
<![CDATA[Menata Ulang Relasi Majelis Permusyawaratan Rakyat dan Presiden Melalui Politik Hukum Haluan Negara ]]>
<![CDATA[Sutan Sorik]]>;
<![CDATA[Dian Aulia]]>
<![CDATA[ Jurnal Konstitusi Vol 17, No 2 (2020) ]]>
Publisher : <![CDATA[The Constitutional Court of the Republic of Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (335.986 KB)
|
DOI: 10.31078/jk1727
<![CDATA[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.]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (534.727 KB)
|
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%.]]>
<![CDATA[Problematika Kebijakan Hukum Terbuka (Open Legal Policy) Masa Jabatan Hakim Konstitusi ]]>
<![CDATA[Athari Farhani]]>;
<![CDATA[Ibnu Sina Chandranegara]]>
<![CDATA[ Jurnal Konstitusi Vol 17, No 3 (2020) ]]>
Publisher : <![CDATA[The Constitutional Court of the Republic of Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (436.861 KB)
|
DOI: 10.31078/jk1739
<![CDATA[Discourse about periodization of the term of office of the Constitutional Court judge ended at the Constitutional Court Decision Number 53/PUU-XIV/2016 and Number 73/PUU-XIV/2016 which transferred the authority of regulating the term of the constitutional judge to be fully regulated by the legislators (open legal polic). This article discusses the problem of the term of office of the Constitutional Court judge, if it is regulated as an open legal policy for the quality of the independence of judicial power held by the Constitutional Court. This article was prepared based on the results of normative legal research using the statutory approach. This article provides two conclusions. First, the open legal policy in determining the periodization of the term of constitutional judge has the potential to reduce the degree of independence of the judicial power. Second, a relatively long period of time is an ideal concept for the term of office of constitutional judge. The term of office of constitutional judge should be aligned with the Supreme Court’s tenure.]]>
<![CDATA[Perlindungan Hak Penyandang Disabilitas dalam Memperoleh Pekerjaan dan Penghidupan yang Layak bagi Kemanusiaan ]]>
<![CDATA[Bayu Dwi Anggono]]>
<![CDATA[ Jurnal Konstitusi Vol 17, No 1 (2020) ]]>
Publisher : <![CDATA[The Constitutional Court of the Republic of Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (398.587 KB)
|
DOI: 10.31078/jk1719
<![CDATA[Decent work and livelihoods for humanity are part of human rights for everyone, including people with disabilities, so the 1945 Constitution provides guarantees and legal protection for their implementation. The problem is the discriminatory attitude towards persons with disabilities and the low level of education of persons with disabilities as a gap between people with disabilities and non-disabled workers. The absence of exact data related to the number of workers with disabilities both in the private sector and non-private sectors (PNS, BUMN and BUMD) raises its own problems in the protection of persons with disabilities. The quota of minimum requirement is 2 percent as a mandatory for the government, local government, BUMN, and BUMD and 1 percent for private companies from the number of employees or workers in the Disability Act is apparently not enough to provide protection for people with disabilities. This research is a normative legal research to examine the laws and regulations in order to obtain justice for persons with disabilities. This becomes very important as a form of government commitment through supervision and improvement of policies becomes very important so that persons with disabilities get decent work and livelihoods.]]>
<![CDATA[Pemikiran Hukum Progresif untuk Perlindungan Hukum dan Kesejahteraan Masyarakat Hukum Adat ]]>
<![CDATA[Muh. Afdal Yanuar]]>
<![CDATA[ Jurnal Konstitusi Vol. 18 No. 1 (2021) ]]>
Publisher : <![CDATA[Constitutional Court of the Republic of Indonesia, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (441.177 KB)
|
DOI: 10.31078/jk1816
<![CDATA[Today there are still many problems with the existence and traditional rights of indigenous and tribal peoples. These problems tend to place the indigenous and tribal peoples in a weak and marginalized position. Not without reason, it is due to the unequal perception of all related parties, in positioning customary land and indigenious peoples in the context of national and state life based on Pancasila and the Constitution. The issue that will be discussed in this paper is about how to realize progressive legal protection of the existence of indigenous and tribal peoples to realize their welfare. This paper will use the conceptual approach method, namely the Pancasila concept as a source of ideas in providing legal protection to indigenous and tribal peoples. Furthermore, it also uses a conceptual approach from thought of progressive law. The existence of the status quo in providing legal protection to indigenous and tribal peoples which tends to be static, conditional and legalistic which has been done so far. Legal protection is more concerned with how the criteria regarding indigenous and tribal peoples will be recognized. The state should have dared to make policy and legal breakthroughs to provide legal protection based on guidance and empowerment. These policy and legal breakthroughs can refer to thougt of progressive law, which positions the law for humans with the aim of providing justice, welfare and happiness for indigenous and tribal peoples based on Pancasila and the Constitution.]]>
<![CDATA[Perlindungan Hak-Hak Konstitusional Masyarakat Adat di Kabupaten Boalemo dalam Penerapan Sanksi Adat ]]>
<![CDATA[Lisnawaty W Badu]]>;
<![CDATA[Julisa Aprilia Kaluku]]>;
<![CDATA[Abas Kaluku]]>
<![CDATA[ Jurnal Konstitusi Vol. 18 No. 1 (2021) ]]>
Publisher : <![CDATA[Constitutional Court of the Republic of Indonesia, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (384.488 KB)
|
DOI: 10.31078/jk18110
<![CDATA[Problems with indigenous people in Boalemo district, Gorontalo Province often occur, especially the issues about the imposement of costumary sanctions. Imposing costumary sanctions without clear relugations will absolutely cause legal consequences in the future. Eventhough constitutional rights for indigenous people is already granted by the government as stated In article 18B paragraph (2), and Article 28 I paragraph (3) of The 1945 Constitution Of Republic Indonesia. This regulation is a mandate from the state and given to the regions. This regulation is oftenly referred when discussing the existence and rights of indigenous peoples and become a crutial issues when it comes to the implementation of the protection of the constitutional rights for indigenous peoples in Boalemo district Gorontalo Province. Therefore, This research aims to analyze the Legal standing for indigenous people and constitutional rights for costumary sanctions in Boalemo district Gorontalo Province. This normative research utilized secondary data as resourch and used statute approach and case approach. The results of the study discover that the costumary law and the imposement of costumary sanctions are still mantained and implemented in Indonesia. Government should more concern about constitutional rights compliance for indigenous people. However, the imposement of customary sanctions are not regulated in a regional regulation. So the constitutional rights which should become the spirit for regional autonomy to provide justice in a judiciary are only resolved by way of deliberation, This can not give the satisfaction for some parties.]]>
<![CDATA[Polemik Fungsi Sosial Tanah dan Hak Menguasai Negara Pasca UU Nomor 12 Tahun 2012 dan Putusan Mahkamah Konstitusi Nomor 50/PUU-X/2012 ]]>
<![CDATA[King Faisal Sulaiman]]>
<![CDATA[ Jurnal Konstitusi Vol. 18 No. 1 (2021) ]]>
Publisher : <![CDATA[Constitutional Court of the Republic of Indonesia, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (412.996 KB)
|
DOI: 10.31078/jk1815
<![CDATA[This study examines, Firstly, aspects of the formation of Law Num. 2/2012. Secondly, interpretation of the meaning of development in the public interest. Thirdly, the compensation process for the release of land rights for development. Finally, polemic of MK's Decision Num. 50/PUU-X/2012. The findings show, procedural aspects of the formation of Law Num. 2/2012, is not in accordance with the rules for the formation of applicable laws. Likewise, the meaning conception of the public interest and the process of compensation for land is still far from the spirit of the Law Num. 5 of 1960 (UUPA) Jo Article 33 of the 1945 Constitution. The Post of MK's Decision Num. 50/PUU-X/2012, there needs to be a legislative review of Law Num. 2/2012, to deconstruct the meaning of “social function of the land” to conform to the philosophy of Article 33 of the 1945 Constitution and the Law Num. 5 of 1960 (UUPA). The Parliament must immediately complete the Agrarian Structure Renewal and Arrangement Bill, the Agrarian Conflict Resolution Bill, and the Natural Resource Management Bill, as mandated by MPR Decree Num. IX/2001 Jo Tap MPR Num. V/2003. Development in the public interest, must be placed in the spirit of social and agrarian reform in order to achieve maximum prosperity for the people.]]>
<![CDATA[Justifikasi Pemutusan Hubungan Kerja Karena Efisiensi Masa Pandemi Covid-19 Dan Relevansinya Dengan Putusan Mahkamah Konstitusi Nomor 19/PUU-IX/2011 ]]>
<![CDATA[Dian Agung Wicaksono]]>;
<![CDATA[Enny Nurbaningsih]]>
<![CDATA[ Jurnal Konstitusi Vol. 18 No. 2 (2021) ]]>
Publisher : <![CDATA[Constitutional Court of the Republic of Indonesia, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (429.902 KB)
|
DOI: 10.31078/jk1827
<![CDATA[This conceptual article aims to analyze about the justification and legal aspect of employment termination because of efficiency phenomenon in covid-19 pandemic period. Article 164 paragraph 4 Manpower Act and Constitutional Court Decision Number 19/PUU-IX/2011 already stipulated that employment termination because of efficiency must be followed by company closure. But, covid-19 pandemic situation was forcing the employers to do employment termination because of efficiency without a company closure. The conclusion of this article is the employers did the termination without the company closure based on consideration that, it would prevent more damage than did it with the closure. The company closure would bring result all of workers, including the employers, loss their jobs. The employment termination because of efficiency, but without company closure could be preserved the operational of company and maintain the other workers’ jobs. This efficiency reason is not actually prohibited in Article 153 paragraph 1 Manpower Act and in ILO’s Convention and Recommendation 1982. However, this termination could not use Article 164 paragraph 4 Manpower Act and Constitutional Court Decision Number 19/PUU-IX/2011 as the legal basis. The compensation formulation model of the termination could use the formulation of termination without worker’s fault as stipulated by Manpower Act. In addition, the institutions of industrial relaton dispute resolution must supervise the termination process, in order the process would be staged fairly, coincide with the principles of legal termination, and the workers’s compensastion would be fulfilled by the employers.]]>
