scholarly journals Model Pelaksanaan Putusan Mahkamah Konstitusi yang Eksekutabilitas Dalam Pengujian Peraturan Perundang-Undangan di Indonesia

BESTUUR ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 36
Author(s):  
I Gusti Ayu Ketut Rachmi Handayani ◽  
Lego Karjoko ◽  
Abdul Kadir Jaelani
Keyword(s):  
Secondary Data ◽  
Time Limit ◽  
Data Type ◽  
Constitutional Court ◽  
Court Decisions ◽  
Grace Period ◽  
The Future

<p><em>This research is motivated by the number of unimplemented Constitutional Court decisions, although the nature of the Constitutional Court 's rulings is final and binding. This form of work is ethical normative. That investigation is descriptive. The data type used is the secondary data. Secondary techniques for the processing of data were obtained through library work. Primary and secondary data were qualitatively analysed. The results of the study show that, first, the decision of the Constitutional Court, which is not implementing the compilation of its decision, does not include a time limit for its implementation, while the decision of the Constitutional Court, which contains a grace period, is quickly followed through the establishment of an invitation regulation. Second , the model of the future functional decision of the Constitutional Court is the decision of the Constitutional Court which contains a period of grace and the institutionalization by constitutional permit of constitutional questions.</em></p><p><em> </em></p><p><strong>Keywords</strong>: <em>Constitutional Court, time of grace and Issue of the Constitution.</em></p>

scholarly journals ANALISIS YURIDIS PENGATURAN IDEAL PENINJAUAN KEMBALI PERKARA PIDANA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 34/PUU-XI/2013

2018 ◽  
Vol 5 (2) ◽  
Author(s):  
Agung Barok Pratama ◽  
Aminah . ◽  
Mohammad Jamin
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Judicial Review ◽  
Secondary Data ◽  
Court Decision ◽  
Constitutional Court ◽  
Court Decisions ◽  
Literature Study ◽  
Law Enforcement Officials ◽  
The Ideal

<p>Abstract<br />This article  discusses the ideal setting reconsideration after the Constitutional Court decision No. 34/PUU-XII/2013. This research is legal (judicial) normative, namely by reviewing library materials (literature study). Therefore, the data used in this research is secondary data, which includes the primary legal materials, secondary, and tertiary. The results of this study showed that realizing an ideal regulatory application for review should be conducted, first, the MA should retract SEMA 7 2014 it is necessary to avoid confusion law enforcement officials and people seeking justice so as to interfere with the judicial system. If want to make additional rules to facilitate the course of justice, the MA should be poured in the form of PERMA. Second, by accelerating the process of PK and execution. Thirdly, provision PK in the future submission must be adapted to the Constitutional Court decision No. 34/PUU-X/2013. That way the material truth and justice will actually be realized.</p><p>Keywords: Judicial Review; Justice; Rule of Law; Supreme Court Decisions.</p><p>Abstrak<br />Artikel ini meneliti tentang pengaturan ideal peninjauan kembali pasca putusan Mahkamah Konstitusi No. 34/PUU-XII/2013.Penelitian ini merupakan penelitian hukum (yuridis) normatif, yaitu dengan mengkaji bahan-bahan pustaka (studi kepustakaan). Karena itu, data yang digunakan dalam penelitian ini adalah data skunder, yang mencakup bahan hukum primer, skunder, dan tersier. Hasil Penelitian ini menunjukan bahwa, demi menwujudkan suatu peraturan yang ideal permohonan peninjauan kembali maka perlu dilakukan, pertama, MA harus menarik kembali SEMA No.7 Tahun 2014 hal ini ini diperlukan agar tidak terjadi kebingungan aparat penegak hukum dan masyarakat pencari keadilan sehingga dapat mengganggu sistem peradilan. Kedua, dengan mempercepat proses PK dan eksekusinya. Ketiga, ketentuan pengajuan PK kedepanya harus disesuaikan dengan putusan MK No. 34/PUU-XI/2013. Dengan begitu keadilan dan kebenaran materiil akan benar-benar dapat diwujudkan.<br />Kata kunci: Peninjauan Kembali, Keadilan, Kepastian Hukum, Putusan Mahkamah Agung</p>

TAFSIR INDEPENDENSI KEKUASAAN KEHAKIMAN DALAM PUTUSAN MAHKAMAH KONSTITUSI / INTERPRETATION OF JUDICIAL POWER INDEPENDENCE IN CONSTITUTIONAL COURT DECISIONS

2018 ◽  
Vol 7 (2) ◽  
pp. 279
Author(s):  
Muh. Ridha Hakim
Keyword(s):  
Rule Of Law ◽  
Qualitative Method ◽  
Secondary Data ◽  
Judicial Power ◽  
Constitutional Court ◽  
Court Decisions ◽  
Conceptual Approach ◽  
Judicial Proceedings ◽  
The Law ◽  
Law And Justice

Artikel ini mengkaji mengenai independensi kekuasaan kehakiman yang ditinjau dari Putusan Mahkamah Konstitusi. Independensi kekuasaan kehakiman merupakan keharusan dalam sebuah negara hukum (rechtstaat). Negara  hukum baik dalam konsep Rule of Law ataupun Rechtstaat, menempatkan peradilan yang bebas dan tidak  memihak  (independence and impartiality of judiciary) sebagai salah satu cirinya. Akan tetapi, kemerdekaan tersebut bukanlah tanpa batasan sehingga dapat diterjemahkan dengan seluas-luasnya. Sering kali dalam praktiknya independensi didalilkan untuk berlindung atas suatu perbuatan yang tidak dapat dipertanggungjawabkan. Oleh karenanya, perlu dilakukan penggalian makna independensi kekuasaan kehakiman sebagaimana amanat Pasal 24 ayat (1) Undang-Undang Dasar 1945. Pasal 24 ayat (1) Undang-Undang Dasar 1945 menyatakan bahwa “kekuasaan kehakiman merupakan kekuasaan yang merdeka untuk menyelenggarakan peradilan guna menegakkan hukum dan keadilan”. Oleh karenanya, pertimbangan dari Mahkamah Konstitusi terkait putusan-putusan yang menjadikan Pasal 24 ayat (1) Undang-Undang Dasar 1945 sebagai batu uji dalam pengujian undang-undang layak untuk dikaji dan diangkat menjadi tafsiran mengenai makna independensi kekuasaan kehakiman. Tulisan ini menggali pandangan hakim dalam putusan Mahkamah Konstitusi yang memuat pertimbangan mengenai independensi kekuasaan kehakiman. Penulisan menggunakan metode yuridis normatif melalui pendekatan konseptual (conceptual approach) dan pendekatan kasus (case approach). Tulisan ini menggunakan data sekunder dengan bahan hukum primernya adalah Putusan Mahkamah Konstitusi. Data dianalisis menggunakan metode kualitatif.This article examines the independence of judiciary by reviewing the Constitutional Court Decisions. Independence of judiciary is an absolute fact in a state of law (rechtstaat). A state of law, in the concept of Rule of Law or Rechtstaat, lists independence and impartiality of judiciary as one of its characteristics. However,  independence is not as free as everybody can freely interpret the law. Often, in practice, independence is postulated so as to provide protection from an act that cannot be accounted for. Therefore, it is necessary to delve into the meaning of judicial power independency as mandated by Article 24 paragraph (1) of the 1945 Constitution. Article 24 paragraph (1) of the 1945 Constitution states that “judicial power is an independent power to administer judicial proceedings to enforce the law and justice”. For that reason, it is reasonable that the Constitutional Court’s reasoning in relation to the decisions that render Article 24 paragraph (1) of the 1945 Constitution a touchstone in the judicial review of the laws be investigated and regarded as an interpretation of the meaning of judicial power independence. This paper studies the views of the judges in the Constitutional Court decisions that contain the court’s reasoning regarding the judicial power independence. This paper was written by employing a juridical-normative method through a conceptual approach and a case approach. This paper uses secondary data with the Constitutional Court Decisions as the primary legal materials. The data were analyzed using a qualitative method.

scholarly journals Tindak Lanjut Putusan Mahkamah Konstitusi yang Bersifat Konstitusional Bersyarat Serta Memuat Norma Baru

2016 ◽  
Vol 12 (3) ◽  
pp. 631 ◽  
Author(s):  
Mohammad Mahrus Ali ◽  
Meyrinda Rahmawaty Hilipito ◽  
Syukri Asy’ari
Keyword(s):  
Judicial Review ◽  
Secondary Data ◽  
Constitutional Court ◽  
Court Decisions ◽  
The Republic

The research is concerning the implementation of verdict stating conditionally constitutional, conditionally unconstitutional and and the verdicts that contain new norm decided by Constitutional Court in the case of judicial review of laws againts the 1945 Constitutions of The Republic of Indonesia. This is a juridical-normative research using secondary data in the form of primary law materials, namely the court decisions which are issued throughout the year 2003 up to the year 2012 that have been collected in previous research. This research aims to know the choice of form of law taken by the addressee of the Constitutional Court verdict in following up the three variant of verdicts mentioned above. The research found that the choice of the form of law in implementing the three variants of Constitutional Court verdict is very diverse. Referring to the form and substance of the implementing rules and regulations of the three variants of verdict, there are still some incoherence with  the Constitutional Court verdict which is characterized by the presence of rejudicial review of norms that had been interpreted by the court. To address this problem,  the Constitutional Court must be provided with legal instruments, among other, judicial order that enable the Constitutional Court to order by force the addressee  to implement the Constitutional Court verdict. In addition, in order that to ensure the harmonization of legislation either vertically or horizontally as a result of the Constitutional Court verdict, then it is worth putting into consideration to expand the authority of the Constitutional Court to review all rules and legislation.

scholarly journals Shifting the Character of the Constitutional Court Decision Influenced by Political Constellation in Indonesia

2019 ◽  
Vol 5 (2) ◽  
pp. 330
Author(s):  
Proborini Hastuti
Keyword(s):  
Qualitative Analysis ◽  
Secondary Data ◽  
The Political ◽  
Constitutional Court ◽  
Court Decisions ◽  
Normative Study ◽  
Conceptual Approach ◽  
Constitutional Review ◽  
Literature Research ◽  
State Administration

Recently, the decisions of the Constitutional Court have become one of the focuses in the dynamics of Indonesian state administration. This research discusses the relevance of political constellation in Indonesia and its influence on the changing character of several constitutional court decisions from self-executing to non-self executing. This research aims to find out how the legal impact of shifting the character of the Constitutional Court’s decision in its implementation. This research is a normative study supported by a law, case and conceptual approach. The data used are secondary data, obtained by means of a literature research which is then arranged systematically and analyzed with qualitative analysis. From the results of the analysis it is known that the shift in the character in several decisions of the Constitutional Court was carried out as an effort to offset the political constellation in the legislators. The character shift is done in the hope that it can guarantee the execution of the Constitutional Court’s ruling and can be followed up on by the decision of the ruling. This shows that Constitutional Court judges are trying to find a legal breakthrough in the corridor of judicial activism to make an ideal constitutional review decision.

scholarly journals Pengaruh Putusan Mahkamah Konstitusi di Bidang Pengujian Undang-Undang terhadap Sistem Peradilan Pidana Indonesia dengan Perubahan KUHAP

2019 ◽  
Vol 16 (3) ◽  
pp. 466
Author(s):  
Muhammad Fatahillah Akbar
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Secondary Data ◽  
Constitutional Court ◽  
Court Decisions ◽  
Library Research ◽  
Procedural Code ◽  
Research Tools

The article aims to examine all relevant constitutional court decisions which have impacts on criminal laws, especially in substantive, procedural, and penitentiary law. The article is based on a legal normative research employing secondary data, including primary legal sources, secondary legal sources, and tertiary legal sources. The method in collecting the data is library research. The research tools is documentary study. The analysis is qualitative which is strengthened by descriptive analysis.There are two conclusive statements of this research. Firstly, the finding on constitutional court decisions showed that 32 (thirty two) decisions were made for procedural criminal law, but only 13 (thirteen) decisions were in line with the applicants’ objectives which are mainly related to Criminal Procedural Code (KUHAP). Secondly, Supreme Court produced Perma or SEMA which overruled the Constitutional Court decisions.  

Pemanfaatan Android Dalam Perancangan Aplikasi Kumpulan Doa

2018 ◽  
Vol 4 (1) ◽  
pp. 54-65
Author(s):  
Efmi Maiyana
Keyword(s):  
Operating System ◽  
Open Source ◽  
Daily Life ◽  
Secondary Data ◽  
Data Type ◽  
Program Model ◽  
Work Processes ◽  
Design Work ◽  
Analysis Design ◽  
Android Operating System

Android is an Open Source operating system that gives developers the freedom to develop applications, with the advantages of android operating system, will help many android-based smartphone users to be able to enjoy various applications, one application is the Android-Based Preview Application, the main purpose of this Application is assisting Muslims in reciting the necessary prayers in daily life effectively and efficiently. The type of data used is a secondary data type in which data is obtained from reference books and literature related to this case. There are several stages in making this application, namely analysis, design, work processes, and evaluation of the program model that has been produced. This android-based prayer collection app, can be used on android-based smartphones in the least 4.1 version in this application testing can run smoothly

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

Criminal Protection Orders Among Women Victims of Intimate Partner Violence: Women’s Experiences of Court Decisions, Processes, and Their Willingness to Engage With the System in the Future

2021 ◽  
pp. 088626052110219
Author(s):  
Samantha C. Holmes ◽  
Christopher D. Maxwell ◽  
Lauren B. Cattaneo ◽  
Barbara A. Bellucci ◽  
Tami P. Sullivan
Keyword(s):  
Intimate Partner Violence ◽  
Partner Violence ◽  
Intimate Partner ◽  
Therapeutic Effects ◽  
Court Decisions ◽  
Subjective Experiences ◽  
Protection Orders ◽  
The Future ◽  
Criminal Protection ◽  
Willingness To Use

Consistent with a therapeutic jurisprudence framework, court decisions and processes can have a therapeutic or antitherapeutic effect on intimate partner violence (IPV) victims. To maximize therapeutic effects, IPV scholars have advocated for survivor-defined practices that emphasize the importance of engaging with victims in a collaborative manner that promotes autonomy, choice, and control. However, limited research exists in the context of criminal protection orders (POs). The current study addressed this gap by assessing whether criminal PO match (whether victims received the level PO they requested [i.e., PO match] or not [i.e., PO mismatch]) and victims’ subjective experiences of the court process were associated with their willingness to use the system in the future to address IPV. In a sample of 187 women whose partners were arrested for IPV, experiencing the court processes as positive (β = .36, p = .001) and court-related fear (β = .41, p < .001) were positively associated with willingness to use the system in the future. Additionally, PO match moderated the association between subjective court experiences and willingness to use the system in the future. Experiencing the court processes as negative ( b = .33, p = .005) and validating ( b = –.36, p = .001) was associated with willingness to use the system in the future only for participants who did not receive the PO level they requested. While experiencing the court as positive ( b = –.40, p ≤ .001) was associated with willingness to use the system regardless of PO match, it was most strongly associated for participants who did not receive the PO level they requested. Results suggest the importance of ascertaining strategies to improve victims’ experiences with the court, especially when victims’ requests are not met, to increase future engagement with the system.

A Constitutional Court for Europe?

2004 ◽  
Vol 6 ◽  
pp. 1-34
Author(s):  
Anthony Arnull
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
European Council ◽  
Constitutional Court ◽  
The European Union ◽  
Constitutional Order ◽  
Court Of Justice ◽  
European Court ◽  
The Future ◽  
Draft Constitution

The purpose of this article is to consider the effect of the draft Treaty establishing a Constitution for Europe on the European Court of Justice (ECJ). At the time of writing, the future of the draft Constitution is somewhat uncertain. Having been finalised by the Convention on the Future of Europe in the summer of 2003 and submitted to the then President of the European Council, it formed the basis for discussion at an intergovernmental conference (IGC) which opened in October 2003. Hopes that the text might be finalised by the end of the year were dashed when a meeting of the IGC in Brussels in December 2003 ended prematurely amid disagreement over the weighting of votes in the Council. However, it seems likely that a treaty equipping the European Union with a Constitution based on the Convention’s draft will in due course be adopted and that the provisions of the draft dealing with the ECJ will not be changed significantly. Even if either assumption proves misplaced, those provisions will remain of interest as reflecting one view of the position the ECJ might occupy in a constitutional order of the Union.

scholarly journals Kebijakan Kriminalisasi Pengguguran Kandungan dalam Kajian Perbandingan Hukum Berbagai Negara serta Dampaknya bagi Kesehatan Ibu dan Anak (KIA)

2020 ◽  
Vol 2 (1) ◽  
pp. 14-28
Author(s):  
Rosalind Angel Fanggi
Keyword(s):  
Psychological Impact ◽  
National Development ◽  
Secondary Data ◽  
Criminal Code ◽  
Central Position ◽  
Health Coverage ◽  
Legal Reforms ◽  
Positive Law ◽  
The Future ◽  
Character Building

Indonesia is a country where religion occupies a central position and the elements must exist in the national and character building. Although has been setting in Criminal Code, but still found many cases of abortions. This paper is about to dig up how the rule of law of abortions. That there is something more profound that abortion is not only about removal of the fetus but also moral and psychological impact for youth of Indonesia. This artice aims to answer the questions: how the criminalization policy of abortion in the positive law at the future? In preparing this thesis, using a normative juridical approach, the author examines library materials is a secondary data and using the comparative law method also of the several foreign countries. The conclusion of this study is the criminalization of abortion policy set out in the positive law is not enough to guarantee protection for public health. Criminalization policy of abortion in the positive law at the future can be done by considering the arrangement of the Criminal Code abortion in some foreign as an ingredient to make legal reforms and especially considering the meaning of the precepts contained in the second sila in Pancasila. Advice can be delivered are abortions is not the best choice, but in conditions harmful should settings that give protection and health coverage of pregnant women; should have arrangements to sell the drug/vehicle used to perform abortions; about the naming of the chapter should considered using the chapter on offenses against the moral; rules should be formulated to provide legal certainty for doctors and patients: the criminalization policy of abortion settings should be based on Pancasila and national development goals.

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