scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

scholarly journals DISKURSUS SOSIOLOGI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010

2021 ◽  
pp. 236-246
Author(s):  
Dwi Sakti Muhamad Huda ◽  
Dodi Alaska Ahmad Syaiful ◽  
Desi Wahyuni
Keyword(s):  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Reason ◽  
Kinship System ◽  
The Republic ◽  
The Right ◽  
Sociological Discourse ◽  
The Impact ◽  
Broad Scale

The Constitutional Court Decision Number 46 / PUU-VIII / 2010 annulled the provisions of Article 43 paragraph (1) of the Marriage Law because it contradicts the 1945 Constitution of the Republic of Indonesia and does not have binding legal force. The legal reason behind the rechtfinding is to emphasize that children born outside of marriage have the right to legal protection. This research was conducted with the aim of knowing the impact of the Constitutional Court Decision Number 46 / PUU-VIII / 2010 on one of the judges' judicial duties. This study uses a socio-legal approach with data collection techniques for study documents of literature materials. Based on the results of the analysis of the Constitutional Court Decision Number 46 / PUU-VIII / 2010, it does not contradict and intersect with the sociological discourse in accordance with the argumentum a contrario method. Then have coherence between the parental or bilateral kinship system with the Constitutional Court Decision No. 46 / PUU-VIII / 2010 in its application in Indonesia. This condition demands the intellectuality of Judges who are required to think on a broad scale and consider other disciplines in their legal findings.

scholarly journals IMPLIKASI HUKUM TERHADAP AKAD YANG MEMUAT KLAUSUL PENYELESAIAN SENGKETA PERBANKAN SYARIAH MELALUI PENGADILAN NEGERI PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012

SASI ◽  
2020 ◽  
Vol 26 (3) ◽  
pp. 286
Author(s):  
Rahman Hasima
Keyword(s):  
Dispute Resolution ◽  
Research Method ◽  
The State ◽  
Court Decision ◽  
District Court ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Legal Implications ◽  
Descriptive Qualitative

This research aims to determine the legal implications of the agreement on which the sharia banking dispute resolution clause was submitted through the state court's post-decision of the Constitutional Court No. 93/PUU-X/2012. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. The results of the study show that the contract that contains the clause for the settlement of Islamic banking disputes through the District Court after the Constitutional Court decision has the implication of being null and void because it contradicts the contract or causa that is lawful, so that the parties make an addendum so that no future disputes occur.

scholarly journals State system of intellectual property protection in Ukraine: development trends in modern conditions

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Svitlychnyi Oleksandr ◽  
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Intellectual Property Protection ◽  
The State ◽  
State System ◽  
International Standards ◽  
System Structure ◽  
Basic Law ◽  
Constitutional Right ◽  
The Right

Today, the protection of intellectual property rights and legitimate interests of citizens is guaranteed by Article 55 of the Constitution of Ukraine, which provides and guarantees to everyone who uses all national forms of legal protection, protection of rights and freedoms in court. According to the second part of Art. 124 of the Basic Law, the jurisdiction of the courts extends to any legal dispute and all legal relations arising in the state. In addition to the constitutional right to administrative and judicial protection of intellectual property, the rules of special legislation in the field of intellectual property also determine other types of protection. In particular, part of the first article. 52 of the Law of Ukraine «On Copyright and Related Rights», to protect their copyrights and (or) related rights, entities have the right in accordance with the established procedure to apply to the court and other authorities in accordance with their competence. It is emphasized that the specifics of the protection of intellectual property is that there may be different ways to protect the violated subjective right to choose the person whose rights are violated. Today, the state system of intellectual property protection in Ukraine has an extensive system of state bodies involved in ensuring the protection of intellectual property. Based on the analysis of normative legal acts and scientific opinions, the article analyzes the activities of public administration entities in the field of intellectual property protection (Ministry for Development of Economy, Trade and Agriculture, National Intellectual Property Authority, Ukrainian Institute of Intellectual Property, Department of Intellectual Property). It is noted that in connection with the reorganization of the state system of intellectual property protection, instead of a three-tier structure, a two-tier structure is proposed. It is established that the current standing of the state system of intellectual property protection does not fully comply with international standards and principles in the field of intellectual property. It is proved that the presented state system of intellectual property protection contains significant shortcomings, the ways of improvement its activities are proposed. Keywords: state system, structure, protection, intellectual property, functions, improvement

scholarly journals RESTRICTIONS OF THE POLITICAL RIGHTS AND FREEDOMS: REGULATORY GROUNDS, MECHANISM OF IMPLEMENTATION

2020 ◽  
pp. 18-24
Author(s):  
O. Kosilova
Keyword(s):  
Human Rights ◽  
Well Being ◽  
The State ◽  
General Nature ◽  
The Political ◽  
Constitutional Court ◽  
Political Rights ◽  
Process Implementation ◽  
Basic Law ◽  
The Right

The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rules of international law governing these issues. The author differentiates political rights and freedoms into those that may be restricted in accordance with the provisions of the Basic Law of Ukraine and those that are not subject to any restrictions; features of realization of political rights and freedoms in comparison with other groups of rights, such as social and economic, cultural are defined. Some of the political rights and freedoms that may be restricted are analyzed and ways to restrict them are identified, in particular: the right to join political parties, suffrage, the right to peaceful assembly, rallies, marches and demonstrations, the right to equal access to public service, freedom words, thoughts, views and beliefs. It is noted that from the standpoint of the ECHR it is important to check whether the possibility of restricting the exercise of the right was provided by law; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. The legitimate grounds for restricting human rights enshrined in the Constitution of Ukraine have been identified: public health; social necessity; rights, freedoms and dignity of citizens; public order; economic well-being; national security; territorial integrity; morality of the population. It is emphasized that in accordance with the practice of the Constitutional Court of Ukraine, the restriction of the content and scope of rights and freedoms should be considered as a restriction. It is important that all restrictions were established exclusively by the constitution; were not arbitrary and unjust; the law restricting human rights must be of a general nature; restrictions must be proportionate and justified; they must optimally achieve a legitimate goal with minimal interference in the exercise of rights or freedoms, not to violate the essential content of the relevant right. It is determined that special qualification requirements for holding public positions, as well as participation in the electoral process (implementation of active and passive suffrage) cannot be considered restrictions. It is emphasized that the state, represented by its organs, should refrain from unjustified interference with political rights (for example, from discriminatory restrictions on the suspension of political rights of prisoners, violation of electoral secrecy of the ballot); take measures against possible violations of political rights by third parties (individuals, companies, etc.). It is concluded that restrictions on the exercise of political rights of individuals can be introduced either in favor of guaranteeing the rights of other individuals, or in favor of ensuring the functioning of the state. The legitimate exercise of political rights can be restricted only if the general conditions for interfering with fundamental human rights are met.

scholarly journals Information Systems and Management of Political Dynasty in the Constitution of Election in the Country of Indonesia in the Perspective of the State Constitution

Webology ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 832-844
Author(s):  
Sugia ryo ◽  
Anita Trisiana
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Constitutional Court ◽  
Applicable Law ◽  
State Constitution ◽  
General Elections ◽  
Pros And Cons ◽  
The Law ◽  
The Right

An information system is absolutely necessary in making logical decisions so that the policies developed are in accordance with the applicable law. This article discusses political dynasties from state constitutional law and human rights, whether constitutional or unconstitutional. This article uses a normative research method, which examines the law, the state constitution, and the Constitutional Court decisions related to political dynasties in the implementation of general elections. Political dynasties are a familiar thing in organizing general elections; political dynasties certainly reap the pros and cons. Still, as a legal state, Indonesia must also provide legal certainty regarding how the law views political dynasties. Basically, in this study, based on the rule of law and the state constitution, political dynasties are not unconstitutional; political dynasties do not violate the state constitution; with the prohibition on political dynasties, it is an unconstitutional act and violates human rights. The provisions of the Law on Human Rights prohibit the existence of political dynasties that do not prioritize human rights values, which are regulated in the Law on Human Rights; provide legal protection for every citizen has the right to vote and be elected in general elections. And stated firmly that political dynasties are prohibited, because they are not in line with the constitution and also the values of human rights.

scholarly journals Interpreting The State's Right to Control In the provisions of Article 33 Paragraph (3), The Constitution of 1945 Republic of Indonesia

2020 ◽  
Vol 4 (2) ◽  
pp. 1-8
Author(s):  
Suparto Suparto
Keyword(s):  
Natural Resources ◽  
The State ◽  
The Body ◽  
Constitutional Court ◽  
Governing Body ◽  
The Earth ◽  
The People ◽  
The Right

Article 33 paragraph (3) of The Constitution Republic of Indonesia in 1945 stipulates that "Earth, water and natural resources contained therein controlled by the State and used for the people's welfare". Understanding of the earth (which is called land) according to the provisions of Article 1 paragraph (4) of Law Number 5 of 1960 concerning Basic Regulations on Basic Agrarian Issues is the surface of the earth and the body of the earth underneath it and which is under water. The meaning of the provisions of Article 33 paragraph (3) in The Constitution of 1945 is that the State as the highest power organization of all people (the nation) acts as the Governing Body. The right to control the State or be controlled by the State in this article does not mean "owned", but in the sense of giving authority to the State as the highest power organization of the Indonesian nation. The Constitutional Court elaborated State's Right to Control becomes 5 (five) authorities whose purpose is as much as possible for the prosperity of the people, including: (1). Formulate policy (beleid), (2). Make arrangements (regelendaad), (3). Carry out management (bestuurdaad), (4). Carry out management (beheerdaad), and (5). Supervise (toeichthoudensdaad). The earth, water and natural resources contained in the earth are the main points of people's prosperity, therefore they must be controlled by the State and used for the greatest prosperity of the people.

scholarly journals Legal Liability of Advocates in Legal Services Contracts

2020 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Mohammad Zamroni
Keyword(s):  
Annual Report ◽  
Legal Protection ◽  
Constitutional Court ◽  
Legal Services ◽  
Main Role ◽  
Conceptual Approach ◽  
High Expectations ◽  
The Law ◽  
The Right

The main role of an advocate is to help clients get a fair legal process. This role gives birth to high expectations of advocates so that clients give full confidence to advocates to represent their interests. But in practice, it is not uncommon for advocates to abuse the trust given by their clients. As recorded in the 2019 PERADI annual report which shows that advocates reported by their clients to the PERADI Honorary Board are increasing. Avocados do have immunity rights as regulated in Article 16 of Law No. 18 of 2003 concerning Advocates jo. the decision of the Constitutional Court through decision No. 26 / PUU-XI / 2013. But of course, advocates cannot always protect their immune rights, especially if advocates violate the law and harm the interests of their clients. This study aims to analyze the legal responsibilities of lawyers who violate the law while carrying out their profession and are bound in a legal services contract. This research is normative legal research. The approach used in this research is the conceptual approach, the legislation approach, and the case approach. This research concludes that even though law violations were carried out by lawyers while carrying out their profession and based on a contract, advocates remain responsible, both civil and criminal. While the right to immunity can only be used as a basis for legal protection when advocates in good faith in defending the interests of their clients.

scholarly journals KESETARAAN DALAM PERJANJIAN KERJA DAN AMBIGUITAS PERTIMBANGAN HUKUM MAHKAMAH KONSTITUSI

2018 ◽  
Vol 11 (3) ◽  
pp. 267 ◽  
Author(s):  
Ayunita Nur Rohanawati ◽  
Dian Agung Wicaksono
Keyword(s):  
Qualitative Data ◽  
Court Decision ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Legal Requirements ◽  
Freedom Of Contract ◽  
Ratio Decidendi ◽  
The Right ◽  
Legal Marriage

ABSTRAKPutusan Mahkamah Konstitusi Nomor 13/PUUXV/2017 terkait pembatalan aturan larangan pernikahan antar-karyawan sekantor, dinilai sebagai bentuk jaminan pemenuhan hak asasi manusia, berupa hak membentuk keluarga melalui perkawinan yang sah sebagaimana tertuang dalam Pasal 28B ayat (1) UUD NRI 1945. Pertimbangan hukum putusan tersebut memuat asas kebebasan berkontrak sebagai salah satu syarat sahnya perjanjian dan persepsi ketidaksetaraan dalam perjanjian kerja. Menarik untuk dikaji, bagaimana konstruksi hukum perjanjian kerja, khususnya kesetaraan pihak. Mengingat asas kebebasan berkontrak merupakan salah satu asas dalam perjanjian yang mengindikasikan adanya ketidakcacatan kehendak, maka pertanyaan lebih lanjutnya, apakah betul perjanjian kerja tidak memberikan kesetaraan kepada para pihak sebagaimana yang didalilkan oleh Mahkamah Konstitusi? Apakah konsekuensi yuridis Mahkamah Konstitusi mendudukkan asas kebebasan berkontrak sebagai salah satu syarat sahnya perjanjian, yang mana hal ini bertolak belakang dengan ketentuan dalam Pasal 1320 KUHPerdata? Penelitian ini merupakan penelitian hukum normatif dengan studi kasus mengkaji bahan hukum primer berupa Putusan Mahkamah Konstitusi Nomor 13/PUU-XV/2017. Penelitian ini dilakukan melalui pendekatan peraturan perundang-undangan dan pendekatan konseptual. Data dianalisis secara deskriptif-kualitatif. Hasil penelitian ini setidaknya menunjukkan bahwa dalam putusan tersebut, khususnya pada bagian pertimbangan, Mahkamah Konstitusi memberikan ambiguitas pertimbangan hukum, yang notabene bertentangan dengan pengaturan terkait syarat sah perjanjian.Kata kunci: kesetaraan pihak, perjanjian kerja, keabsahan perjanjian, ratio decidendi. ABSTRACTThe Constitutional Court Decision Number 13/PUUXV/2017 related to the cancellation of rules regarding the prohibition of co-worker marriage, is considered as a form of guaranteeing the fulfilment of human rights, which is the right to form a family through legal marriage as stated in Article 28B paragraph (1) of the 1945 Constitution. However, the decision contains legal considerations related to the principle of freedom of contract as one of the legal requirements of an agreement, and the perception of inequality in work agreement. It is interesting to examine the legal construction of equality of parties in work agreement as the principle of freedom of contract is one of the principles in the agreement indicating no defects on the parties' will. Then, the further question is whether it is right that work agreement does not provide equality to the parties as argued by the Constitutional Court. What are the juridical consequences of the Constitutional Court to establish the principle of freedom of contract as one of the legal requirements of an agreement, which is contrary to the provisions of Article 1320 of the Civil Code? This is a normative legal research through case study to examine the Constitutional Court Decision Number 13/PUU-XV/2017. This research uses statutory and conceptual approach based on descriptive-qualitative data analysis. The results of this study at least indicate that in the decision, especially in legal considerations, the Constitutional Court has provided ambiguity in legal considerations, which in fact contradicted the regulations regarding the legal terms of an agreement.Keywords: equality of parties, work agreement, validity of contract, ratio decidendi.

scholarly journals Political Rights of the Indonesian Citizen Possessing Dual Citizenship: A Contextual Analysis

2020 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Sekar Dani Ajeng Adinda ◽  
Antikowati ◽  
Rosita Indrayati
Keyword(s):  
Legal Protection ◽  
The State ◽  
Contextual Analysis ◽  
Political Rights ◽  
Dual Citizenship ◽  
State Administration ◽  
Close Relationship ◽  
National Leaders ◽  
The Right ◽  
State Existence

The issue of citizenship is one part of the study of state studies or commonly referred to as State Administration Law. One element of state existence is citizenship (algemene staatslehre). In the context of citizenship, the issue of citizenship is critical because, in general, the state consists of three elements, namely the territory, people who are identical with citizens, and sovereign government as a constitutive element and the recognition of other countries as declarative elements. Every citizen must have citizenship because it is an essential thing. After all, citizenship has a close relationship between the citizen and the country in which the citizen lives. These matters relate to citizens related to identity, rights, obligations, participation or participation, and shared social ownership. In addition, with citizenship, citizens automatically have legal protection wherever they are. Having two citizenships is no longer a taboo for citizens and is likely to continue to develop in the future. The fact is that there are citizens aged 18 years or over who have dual citizenship, even though the ownership of dual citizenship should be limited. One of the rights of every citizen is the right to be elected and elected. However, there are still citizens who have dual citizenship. Because of dual citizenship, approaching the General Election confuses citizens of those who have dual citizenship but still wants to fulfill their rights in electing potential national leaders and also the right to lead Indonesia. Keywords: Political Rights, Citizenship, Dual Citizenship.

scholarly journals Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010

Rechtsidee ◽  
2016 ◽  
Vol 1 (1) ◽  
pp. 119 ◽  
Author(s):  
Sri Budi Purwaningsih
Keyword(s):  
Civil Rights ◽  
Science And Technology ◽  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Relationship ◽  
Starting Point ◽  
Illegitimate Children ◽  
The Republic ◽  
The Right

The decision of the Constitutional Court of the Republic of Indonesia No.46/PUU-VIII / 2010 dated 17 February 2012, granted the judicial review of Article 43 (1) of Law No. 1 of 1974 on Marriage by deciding that the article should read "Children who are born outside of marriage just had a civil relationship with her mother and her mother's family as well as with men as a father who can be proved based on science and technology and / or evidence, has blood ties according to law, including a civil relationship with his father's family". This Indonesian Constitutional Court's decision bring Juridical consequence that illegitimate children not only have a legal relationship with her mother, but also has a legal relationship with the father (biological) and his father's family, as long as it is proven with science and technology. The Constitutional Court's decision is a starting point in the legal protection of illegitimate children, namely the "right alignment" between the illegitimate child with the legitimate son. Illegitimate children have the rights to demand their civil rights toward their father (biological) as the same rights obtained by the legitimate son. How To Cite: Purwaningsih, S. (2016). Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010. Rechtsidee, 1(1), 119-130. doi:http://dx.doi.org/10.21070/jihr.v1i1.99

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