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Articles 991 - 1020 of 1102
Full-Text Articles in Constitutional Law
Gagasan Pengadilan Khusus Untuk Sengketa Hasil Pemilhan Kepala Daerah, Qurrata Ayuni
Gagasan Pengadilan Khusus Untuk Sengketa Hasil Pemilhan Kepala Daerah, Qurrata Ayuni
Jurnal Hukum & Pembangunan
The Constitutional Court in Decision Number 97 / PUU-XI / 2013 states that the dispute over the head of region election is not included in the authority of its constitutionality. The Lawmakers follow up this ruling by initiating a special judicial body that will hear disputes over the results of head of region election. Special judicial bodies should have been formed before the head of region election simultaneously. In the transitional period, before the establishment of a special judicial body, disputes over the results of head of region election are still handled by the Constitutional Court in 2015 and 2017. …
Penerapan Uji Proporsionalitas Dalam Kasus Pembubaran Partai Politik: Sebuah Perbandingan, Bisariyadi -
Penerapan Uji Proporsionalitas Dalam Kasus Pembubaran Partai Politik: Sebuah Perbandingan, Bisariyadi -
Jurnal Hukum & Pembangunan
The Indonesian Constitutional Court has no jurisprudence related to the application of proportionality test. In comparative law perspective, proportionality test is referred to as "the ultimate rule of law”. This study aims to provide a consideration to the possibility of applying proportionality test when the Constitutional Court needs to deals with the issue of political parties dissolution. In countries that have examined cases of political parties dissolution, the proportionality test is a method of legal reasoning to reach the decision. This studyis conducted by comparing verdicts from national and regional courts, which have dealt with the dissolution of political parties …
Dualism Of Judicial Review In Indonesia: Problems And Solutions, Hamid A. Chalid
Dualism Of Judicial Review In Indonesia: Problems And Solutions, Hamid A. Chalid
Indonesia Law Review
Through the momentum of the third amendment of the 1945 Constitution of the Republic of Indonesia which was passed in 2001, Indonesia has officially adopted a dualistic judicial review system. Under such system, the authority to conduct judicial review is divided/spread to the two judicial organs, each with its own scope of review; namely, the Supreme Court/Mahkamah Agung reviews regulations below the level of Law (Undangundang), while the Constitutional Court/Mahkamah Konstitusi reviews the same against the Constitution (constitutional review). Seen from the theoretical and practical perspective adhered to by states which adopt the formation of the Constitutional Court (centered judicial …
Fungsi Representasi Dewan Perwakilan Daerah Republik Imdonesia Sebagai Lembaga Perwakilan Daerah, Ryan Muthiara Wasti
Fungsi Representasi Dewan Perwakilan Daerah Republik Imdonesia Sebagai Lembaga Perwakilan Daerah, Ryan Muthiara Wasti
Jurnal Hukum & Pembangunan
In the composition of the Indonesian constitution, DPD becomes a representative institution that has the duty to accommodate regional interests in political decisions. Its very important existence was not accompanied by the spirit of strict regulation in the legislation in Indonesia. This can be seen from the position and function of DPD which is weaker than the DPR. Law Number 17 of 2014 on the Composition, Status and Functions of the MPR, DPR, DPD and DPRD, which are the latest changes to the previous Susduk law, have not been able to address the need for more significant arrangements on the …
Kedudukan Dan Kewenangan Komisi Yudisial Republik Indonesia Dan Perbandingannya Dengan Komisi Yudisial Di Beberapa Negara Eropa, Suparto -
Jurnal Hukum & Pembangunan
Reformation has given birth to the amendment on 1945 Constitution. One of the results of the third amendment of the constitution was the birth of Judicial Commission. The standing of Judicial Commission is very important, so structurally it is being positioned at the same level with the Supreme Court and the Constitutional Court. Yet, the Judicial Commission role is as an auxiliary body to the judicial power institutions. It only deals with the matters of honor, dignity, and behavior of the judges, not the judiciary institutions. Aside from that, Judicial Commission is not involved in the organization, human resources, administration, …
Interpreting The Indonesian Constitutional Court Approach In Conducting Judicial Review On Cases Related To Economic And Social Rights, Andy Omara
Indonesia Law Review
One of the duties of the Indonesian Constitutional Court (Mahkamah Konstitusi - MK) is to determine whether legislation is consistent with the Constitution. If the MK determines that a statute is inconsistent with the Constitution, it declares that such statute is invalid. In such instance, the MK has the final word to determine the validity of legislation. In the view of some scholars, this feature reflects that the MK adopts strong form of judicial review. While this assertion holds true in some cases, it does not necessarily reflect the complete feature of the MK’s approach in deciding cases. In some …
The Total People's Defense And Security System: Problems Of The State-Sponsored Militia In Indonesia, Bhatara Ibnu Reza
The Total People's Defense And Security System: Problems Of The State-Sponsored Militia In Indonesia, Bhatara Ibnu Reza
Indonesia Law Review
The establishment of state-sponsored militia has raised concerns of human rights violations in non-international armed conflict in Indonesia. Most of the state-sponsored militia have been formed and tacitly supported by the Indonesian National Defense Forces (Tentara Nasional Indonesia) mostly based on the implementation of a concept called the Total People’s Defense and Security System (sistem pertahanan rakyat semesta-sishankamrata). The Total People’s Defense and Security System is the grand strategy adopted based on Indonesia’s experience during Indonesia’s physical revolution or armed struggle for independence (1945-1949) and recognized under the Second Amendment to the 1945 Constitution. This article will elaborate on, first, …
Problems Of Conducting Equal Education Rights For Non-Formal Education: Challenges For Batam Local Government, Win Sherly Tan
Problems Of Conducting Equal Education Rights For Non-Formal Education: Challenges For Batam Local Government, Win Sherly Tan
Indonesia Law Review
In order to fulfill the right to education as mandated by the 1945 Constitution, non-formal education has been introduced in Indonesian society. Non-formal education is provided for in Article 26 paragraphs 1-7 of Law No. 20 of 2003 on the National Education System. Since this provision has been mandated by the Law, the question arises as to whether the Government of Batam City has efficiently implemented the right to education for all. Another question is whether the system for implementing equal education through Community Learning Centers and Homeschooling in Batam City aimed at assisting the Batam City Government is the …
Analisis Yuridis Terhadap Asas Efisiensi Berkeadilan Berdasarkan Pasal 33 Ayat (4) Uud 1945 Dalam Peraturan Perundang-Undangan Di Bidang Ketenagalistrikan, Adhi Anugroho, Ratih Lestarini, Tri Hayati
Analisis Yuridis Terhadap Asas Efisiensi Berkeadilan Berdasarkan Pasal 33 Ayat (4) Uud 1945 Dalam Peraturan Perundang-Undangan Di Bidang Ketenagalistrikan, Adhi Anugroho, Ratih Lestarini, Tri Hayati
Jurnal Hukum & Pembangunan
This thesis discusses the implementation of the principle of "equitable efficiency" as contained in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment in legislations concerning electricity. This research analyzes how the Constitutional Court interprets the element of "equitable efficiency" in the constitutional reviews Electricity Law. This article concludes that the meaning of "equitable efficiency" in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment is that the national economy should be organized to use the least amount of resources to achieve the greatest amount of welfare which could be enjoyed equitably by the …
Penguatan Peran Majelis Permusyawaratan Rakyat Dalam Struktur Ketatanegaraan Indonesia, R. Nazriyah
Penguatan Peran Majelis Permusyawaratan Rakyat Dalam Struktur Ketatanegaraan Indonesia, R. Nazriyah
Jurnal Hukum & Pembangunan
Nevertheless, the amendment (fifth) should be done with wisdom, sincerity, deliberation, and After the constitutional amendment the Assembly's role was limited only on disseminate the results of the 1945 amendment and appoint President and Vice President. Strengthening the role of the Assembly now has begun to appear with the revival of the tradition of the annual session of the Assembly, with less in this way the performance of the President and other state institutions can be controlled and serve as checks and balances. Discourse to reuse the guidelines need to consider the following matters: first, it should be clearly who …
Tinjauan Hukum Eksistensi Dari Undang-Undang Nomor 8 Tahun 2015 Setelah 25 Kali Pengujian Undangundang Di Mahkamah Konstitusi Pada Tahun 2015, Achmadudin Rajab
Tinjauan Hukum Eksistensi Dari Undang-Undang Nomor 8 Tahun 2015 Setelah 25 Kali Pengujian Undangundang Di Mahkamah Konstitusi Pada Tahun 2015, Achmadudin Rajab
Jurnal Hukum & Pembangunan
Direct regional election is the method chosen by the majority of Indonesian to percieve the phrase “democratically elected.” Implementation of simultaneous regional election is governed by Law No. 8 of 2015, which is the amendment of Law No. 1 of 2015. The reason on why the people prefer direct regional election is formation and implication of its legitimacy. Head of local government requires its own legitimacy, so that is why direct election by the people is needed. This is also inline with interpretation of democratic election by the majority of Indonesian people. Moreover, since the first implementation of simultaneous regional …
The Protection Of Civil And Political Rights By The Constitutional Court Of Indonesia, Pan Mohamad Faiz
The Protection Of Civil And Political Rights By The Constitutional Court Of Indonesia, Pan Mohamad Faiz
Indonesia Law Review
One of important mechanisms considered effective to protect civil and political rights of the citizens in Indonesia is constitutional review. This mechanism was created after the constitutional reform by establishing the new Constitutional Court in 2003 as an independent and separate court from the Supreme Court. This article examines the development of human rights guaranteed in the Indonesian Constitution. It also provides a critical analysis of the Constitutional Court’s role in protecting civil and political rights in Indonesia through its landmark decisions on five categories, namely: (1) freedom of assembly and association, (2) freedom of opinion, speech and expression, (3) …
Peradilan Etik Dan Etika Konstitusi [Court Of Ethics And Constitutional Ethics], Qurrata Ayuni
Peradilan Etik Dan Etika Konstitusi [Court Of Ethics And Constitutional Ethics], Qurrata Ayuni
Indonesia Law Review
This book presents an idea on making a court of ethics in Indonesia, written by Indonesia’s famous scholar in Constitutional Law, Prof. Dr. Jimly Asshiddiqie. This book has brought new perspectives by advancing the existence of law of ethics in the domination of rule of law.
Judicial Review On Administrative Action: Reflection On The Bank Century Bailout Policy, Lily Evelina Sitorus
Judicial Review On Administrative Action: Reflection On The Bank Century Bailout Policy, Lily Evelina Sitorus
Indonesia Law Review
Accountability is the key to good governance. In global administrative law, every policy made should be accountable. The given law should be accessible to the public. At the time of the global financial crisis, many countries did not have the necessary rules to solve the problems that arose. In Indonesia, the government’s decision to bail out Bank Century has remained controversial up to the present time. The need for a comprehensive law dealing with economic, political and social factors should be considered. The Indonesian Law regarding Government Administration provides for the code of conduct for government action. An entire chapter …
The Position And Authority Of The Aceh Shari'a Court On The Indonesian Justice System, Sufiarina Sufiarina
The Position And Authority Of The Aceh Shari'a Court On The Indonesian Justice System, Sufiarina Sufiarina
Indonesia Law Review
Article 27 paragraph (1) of Law No. 48 Year 2009 regarding Judicial Power states that special courts can only be formed in one of the court systems under the Supreme Court, which include general courts, religious courts, military courts and state administration courts. However, article 3A paragraph (2) of Law No. 50 Year 2009 concerning the Second Amendment to the Law on Religious Court places Shariah Court as a special court within the system of religious courts and as a special court within the system of general courts. Such positioning is inconsistent with Article 27 paragraph (1) of the Law …
The Political Context Of Judicial Review In Indonesia, Fritz Edward Siregar
The Political Context Of Judicial Review In Indonesia, Fritz Edward Siregar
Indonesia Law Review
The Constitutional Court of Indonesia plays significant role in securing democracy in Indonesia. In exercising their authorities, including the election result dispute and judicial review, the Court continues to affirm institutional judicial legitimacy and pursue their role to guard 1945 Constitution. The first Chief Justice Jimly Asshiddiqie showed how within five years of the Court’s establishment, he could strategically maximize its momentum and build the Court as a respectful institution. The Chief Justice Mahfud M D was then elected to reduce the judicial activism started by Jimly’s bench. However, against promises and expectations, Mahfud M D brought the Court to …
The Purpose Of Law, Pancasila And Legality According To Ernst Utrecht: A Critical Reflection, Fernando Morganda Manullang
The Purpose Of Law, Pancasila And Legality According To Ernst Utrecht: A Critical Reflection, Fernando Morganda Manullang
Indonesia Law Review
Ernst Utrecht is one of the best legal scholars Indonesia has ever had. His political views position him as an organic intellectual; a legal scholar involved in and expressing the social consciousness, both in the academic as well as in the political arena. His controversial involvement came to a tragic end, causing him to leave Indonesia for good. This article describes and reflects on some of Utrecht’s rather controversial ideas about law and politics; namely, first, “pengayoman” (guardianship) the purpose of law in Indonesia, a purpose of law which is almost completely absent from the mainstream conception of the purpose …
The Corporate Constitutionalism Approach In The Formulation Of Csr, Victor Immanuel Nalle
The Corporate Constitutionalism Approach In The Formulation Of Csr, Victor Immanuel Nalle
Indonesia Law Review
The 21st century is the era of the development of corporate social responsibility (CSR). It is encouraged by the development of the company as a business and societal entities that balances public and private interests. If there is a balance of public and private interests in the company, the application of CSR should be able to accommodate the public interest. However there are a lot of companies in Indonesia that do not involve the community in the formulation of CSR implementation model. This resulted the implementation of CSR which is often not well targeted. In that context, the theory of …
Pengaruh Konfigurasi Politik Terhadap Produk Hukum Pada Masa Pemerintahan Soeharto Di Indonesia, Ryan Muthiara Wasti
Pengaruh Konfigurasi Politik Terhadap Produk Hukum Pada Masa Pemerintahan Soeharto Di Indonesia, Ryan Muthiara Wasti
Jurnal Hukum & Pembangunan
Soeharto government becomes an interesting theme for nearly every research because of the uniqueness of the rule known as the authoritarian nature. However, the uniqueness is only studied until the result of the authoritarian who has raised the swelter of almost all the people and eventually led to the cessation of Soeharto as the head of the State Indonesia. Yet seen from the eyes of the law, the political transition in the future not only of political influence, but also legally so as to distinguish between authoritarian rule and democratic governance. This study will address these problems are divided into …
Observing The Indonesian House Of Representatives' Performance, Abdul Bari Azed
Observing The Indonesian House Of Representatives' Performance, Abdul Bari Azed
Indonesia Law Review
DPR fulfilled mandate of the people, one of its way is through legislation function, namely formed Act with an agreement with the President. Expectations of the people filled with less than optimal by DPR caused by the performance of the parliament in the field of legislation which was less than satisfactory because did not fulfill the Prolegnas target which they had made themself. This condition caused the functions of DPR as parliament not fully carried out in encouraging people prosperity and developing the country. Hence, it is important to do a series of policy and concrete steps to minimize problems …
The Roles Of The Supreme Court Of The Republic Of Indonesia In Enforcement Of International Arbitral Awards In Indonesia, Mutiara Hikmah
The Roles Of The Supreme Court Of The Republic Of Indonesia In Enforcement Of International Arbitral Awards In Indonesia, Mutiara Hikmah
Indonesia Law Review
Indonesia has been being a member of the 1958 New York Convention since 1981, namely upon issuance of the Presidential Decree No. 34 of 1981. Prior to taking into force of the Regulation of the Supreme Court of the Republic of Indonesia No. 1 of 1990 on Procedures for Enforcement of Foreign Arbitral awards, there were still constraints for the foreign business players in term of enforcement of arbitral awards in Indonesia. The Supreme Court as the highest judicial institution in Indonesia holds that international arbitral awards can not be enforced in Indonesia. After the Indonesian Supreme Court has issued …
Runtuhnya Institusi Mahkamah Agung (The Indonesian Supreme Court: A Study Of Institutional Collapse), Anugerah Rizki Akbari
Runtuhnya Institusi Mahkamah Agung (The Indonesian Supreme Court: A Study Of Institutional Collapse), Anugerah Rizki Akbari
Indonesia Law Review
Since the fall of Indonesian president Soeharto, a major focus of the reformers has been the corrupt and inefficient judicial system. Within the context of a history of the Supreme Court in post-independence Indonesia, Sebastiaan Pompe analyzes the cause of the judiciary’s failure over the past decades. This book provides an essential background for those seeking to understand why legal reform has been so slow and frustrating in the post-1998 period.
An Analysis Of The Constitutional Court Ruling On The Annulment Of The Provisions On Coastal Water Concessions (Hp-3), M. Riza Damanik
An Analysis Of The Constitutional Court Ruling On The Annulment Of The Provisions On Coastal Water Concessions (Hp-3), M. Riza Damanik
Indonesia Law Review
After the annulment of the Coastal Water Concessions (HP-3) in 16 June 2011, traditional fisher folk organization leaders found a great fighting spirit to further follow-up the Constitutional Court Ruling to support their daily lives. For those who are being “evicted” from their living space (the coastal waters), they want to reclaim their rights through constitutional ways. Likewise, those who (feel to) have lost their existence as Indonesian traditional fisher folk are impatient to find out whether there is a breakthrough in the Constitutional Court Ruling that can restore the fisher folk’s family way of life. The ruling itself was …
Analysis On The Control Function Of The Dewan Perwakilan Daerah (Regional Representatives Council) The Republic Of Indonesia, Fatmawati Fatmawati
Analysis On The Control Function Of The Dewan Perwakilan Daerah (Regional Representatives Council) The Republic Of Indonesia, Fatmawati Fatmawati
Indonesia Law Review
The Dewan Perwakilan Daerah (Regional Representatives Council - DPD) and the Dewan Perwakilan Rakyat (House of Representatives - DPR) are institutions which represent the people in the parliament of the Republic of Indonesia. However, these two institutions do not have equal powers, including the powers related to the control function. The DPD’s function related to control is provided for under Article 22D paragraph (3), Article 23E paragraph (2), andArticle 23F paragraph (1) ofthe ThirdAmendment to the 1945 Constitution of the Republic of Indonesia. The DPD can exercise control of the implementation of certain laws related to regional interests, the implementation …
Constitutional Legitimacy: Sharia Law, Secularism And The Social Compact, Zia Akhtar
Constitutional Legitimacy: Sharia Law, Secularism And The Social Compact, Zia Akhtar
Indonesia Law Review
This article considers the general points relating to the application of Sharia law which challenges legislators in the political instability of a number of Middle Eastern countries. The question explored is how governments of these countries who are facing discontent can work towards constitutional governance. As an example comparison is made between the Islamic Republic of Pakistan and Indonesia with the largest Muslim populations. In Pakistan an inherited Westminster Parliamentary system with a common law codified dated at the time of the British rule is supplemented by criminal penalties as present in the Hudood ordinances. These codes enforce punishments for …
The Democratic Constitutional State Of Indonesia, Pan Mohammad Faiz
The Democratic Constitutional State Of Indonesia, Pan Mohammad Faiz
Indonesia Law Review
The political reform in Indonesia started in 1998 when President Soeharto was forced to resign from his presidential office after 32 years in power. This momentum has transformed Indonesian political culture from an authoritarian state to the third largest democracy in the world after India and United States. It also led to Indonesian constitutional reform which was marked by the amendments of 1945 Constitution for the first time in 1999.
Arbitrase Di Indonesia, Asikin Kusumaatmadja
Arbitrase Di Indonesia, Asikin Kusumaatmadja
Jurnal Hukum & Pembangunan
No abstract provided.
Masalah Kekuasaan Kehakiman Di Indonesia, Bintan R. Saragih
Masalah Kekuasaan Kehakiman Di Indonesia, Bintan R. Saragih
Jurnal Hukum & Pembangunan
No abstract provided.
Pengaruh Hukum Bagi Perkawinan Antar Kasta Di Bali, Putu Putra
Pengaruh Hukum Bagi Perkawinan Antar Kasta Di Bali, Putu Putra
Jurnal Hukum & Pembangunan
No abstract provided.
Pokok-Pokok Pengertian Pasar Modal Di Indonesia, Soemantoro Soemantoro
Pokok-Pokok Pengertian Pasar Modal Di Indonesia, Soemantoro Soemantoro
Jurnal Hukum & Pembangunan
No abstract provided.