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Jurisprudence

Universitas Indonesia

Jurnal Konstitusi & Demokrasi

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Full-Text Articles in Law

Absolute Competence And Judicial Activism In The Role Of The Supreme Court In Reviewing Political Party Bylaws In Indonesia, Denis Kurniawan Jun 2024

Absolute Competence And Judicial Activism In The Role Of The Supreme Court In Reviewing Political Party Bylaws In Indonesia, Denis Kurniawan

Jurnal Konstitusi & Demokrasi

This article examines the necessity for the Supreme Court to extend its absolute competence in conducting judicial reviews (right to judicial review) of the Articles of Association and/or Bylaws of Political Parties, which serve as the object of review (objectum litis). This article was prepared by doctrinal research methods. Political parties are institutions that are known for their existence, authority, and constitutional dissolution through the 1945 Constitution. As such, the Articles of Association and Bylaws of Political Parties can be defined as regulations that are established by a Political Party based on orders from higher legal norms, namely the law. …


Konstitusionalitas Penerapan Mekanisme Omnibus Law Dalam Pembentukan Undang-Undang Di Indonesia, Charles Simabura, M. Nurul Fajri Jun 2022

Konstitusionalitas Penerapan Mekanisme Omnibus Law Dalam Pembentukan Undang-Undang Di Indonesia, Charles Simabura, M. Nurul Fajri

Jurnal Konstitusi & Demokrasi

This paper intends to describe how the omnibus law mechanism applied in lawmaking in Indonesia. Look at the 2020 priority national legislation program, which includes four draft bills that formed using the omnibus law mechanism. The omnibus law is a new mechanism in the lawmaking process in Indonesia. Because this mechanism not contained in Law Number 12 of 2011 concerning the Formation of Laws and Regulations as amended by Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning the Formation of Laws and Regulations. With this, the first thing that must answer is the question …