scholarly journals The Constitutional Court and Consolidation of Democracy in Indonesia

2018 ◽  
Vol 15 (1) ◽  
pp. 1
Author(s):  
Luthfi Widagdo Eddyono
Keyword(s):  
Positive Influence ◽  
Constitutional Court ◽  
Reform Era ◽  
State Institutions ◽  
The People ◽  
Comprehensive Reform ◽  
Court Proceedings ◽  
Law And Justice ◽  
Significant Support

The amendment of 1945 Constitution was stipulated and conducted gradually and became one of the agendas of the Meetings of the People’s Consultative Assembly (Majelis Permusyawaratan Rakyat) from 1999 until 2002. It happened after the resignation of President Soeharto on May 21, 1998, that already in power for almost 32 years. In the reform era, Indonesia has taken comprehensive reform measures by bringing the sovereignty back to the hand of the people. To safeguard the supremacy of the 1945 Constitution, the Constitutional Court of Indonesia is formed as one of the judiciary authority organizing court proceedings to enforce the law and justice. This article analyzes the consolidation of democracy in Indonesia, the role of Constitutional Court of Indonesia based on its authority and describe how its decision has significant support for consolidation of democracy in Indonesia. The result of the research then shows that the Constitutional Court has made a positive influence in Indonesian consolidation of democracy. The Constitutional Court is also handy for upholding the constitutional norm, especially about state institutions and human rights. The Constitutional Court has taken an essential role in the consolidation of democracy in Indonesia through its decisions in judicial review of acts and resolving election disputes.

Analisis Pengembalian Kredit Terhadap Profitabilitas Pada PT Bank Sumut Cabang Gunungsitoli

Owner ◽  
2019 ◽  
Vol 3 (2) ◽  
pp. 160
Author(s):  
Victorinus Laoli
Keyword(s):  
Data Collection ◽  
Positive Influence ◽  
Business Continuity ◽  
Working Capital ◽  
The People ◽  
Data Collection Technique

One manifestation of the important role of banking in a region, as implemented by PT Bank Sumut, Gunungsitoli Branch, is to distribute loans for investment, consumption and working capital for the people in the area. The purpose of providing credit for banks is the return of credit that earns interest and can increase income to finance activities and business continuity. From the results of research conducted with this data collection technique, it shows that PT Bank Sumut has a number of loans from 2009 to 2014 which each year rises. From this study, it is also known that the rate of credit repayment has a positive influence on the level of profitability.

“In the Name of the People?” Understanding the Role of Egypt’s Supreme Constitutional Court in Times of Political Crisis

2020 ◽  
Vol 12 (2) ◽  
pp. 222-246
Author(s):  
Noura Hamdan Taha ◽  
Asem Khalil
Keyword(s):  
Arab World ◽  
Authoritarian Regimes ◽  
Political Crisis ◽  
Constitutional Court ◽  
Political Transformation ◽  
Institutional Power ◽  
The People ◽  
National Movements ◽  
Analytical Tools

Abstract Constitutional transformations frequently introduce and open up political spaces for new actors, as was shown during the so-called ‘Arab Spring’ when national movements emerged to demand the removal of long-established authoritarian regimes and instigated a series of institutional power struggles. Subsequent analysis of these events by academics has tended to overlook struggle conducted through and by legal institutions. This article directly addresses this oversight by considering the role of Egypt’s Supreme Constitutional Court (scc) in the 2011 uprisings, with specific attention to its influence on the country’s political transformation/s. It seeks to apply new analytical tools that will assist understanding of the position of judicial institutions in the Arab world, their institutional limits and expected functions. It demonstrates how this can be achieved through a closer analysis of the scc’s structure and the factors that shape its current role.

scholarly journals Constitutional Court of Bosnia and Herzegovina as Positive Legislator

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Vladimir M. Simović ◽  
Miodrag N. Simović
Keyword(s):  
Bosnia And Herzegovina ◽  
Rule Of Law ◽  
Case Law ◽  
Constitutional Court ◽  
State Institutions ◽  
Democratic State ◽  
Corrective Factor ◽  
Protection Of Human Rights ◽  
The Guardian

The Constitutional Court of Bosnia and Herzegovina was established on the basis of Article VI of the Constitution of Bosnia and Herzegovina as an independent guardian of the Constitution of Bosnia and Herzegovina and an institutional guarantor of the protection of human rights and fundamental freedoms established by this Constitution and instruments of Annex I to the Constitution. Assuming that it is not part of the legislative, executive and regular judicial power (as positioned by the Constitution of Bosnia and Herzegovina), the Constitutional Court acts as a separate, autonomous and independent authority and a corrective factor for the other three segments of government in Bosnia and Herzegovina. In this way, the Constitutional Court, as one of the key state institutions of Bosnia and Herzegovina, contributes to the promotion of democracy, rule of law and the affirmation of the rule of law, especially in the first years after its constitution when it was necessary to protect the foundations of a democratic state and resolve a number of questions that have in some ways remained vague in the Constitution of Bosnia and Herzegovina. The decisions of the Constitution are final and binding. In the end, the Constitutional Court has to seek and find out the ways for implementation of its decisions. If the legislator is not able to do that, the role of the guardian of the Constitution imposes on the Constitutional Court, even in the unpopular (realistically, rarely used) role of a positive legislator, to bring the procedure before the court to an end - by proclaiming a law on a temporary basis. The paper explains the concept of judicial activism, its limitations and self-limitations. Then, it points out some of the most impressive forms of its realization in the case-law of the Constitutional Court, taking into account mutual influences and differences. Special emphasis is placed on the constitutional framework of constitutional court activism of the Constitutional Court, which is also the basis for the interpretation of the Constitution of Bosnia and Herzegovina.

scholarly journals Implementation of Strengthening State Science Knowledge Using Camp Study Methods on PPKn Students Of PGRI Banyuwangi University

2021 ◽  
Vol 2 (2) ◽  
pp. 225-233
Author(s):  
Andika Ronggo Gumuruh ◽  
Agus Mursidi ◽  
Tofan Priananda Adinata ◽  
Eko Listiwikono
Keyword(s):  
Student Attitudes ◽  
Science Knowledge ◽  
Student Knowledge ◽  
Study Methods ◽  
Reform Era ◽  
Student Activists ◽  
State Institutions

Knowledge of state science is the basis for maintaining state institutions, so that research is carried out continuously and scientifically, as well as solving problems in students' knowledge of state science. The purpose of this service is to provide reinforcement to students about state science by presenting state science practitioners. Knowledge skills about state science and student attitudes towards the development of the country. This activity was attended by 25 PPkn students of PGRI Bnyuwangi University batch 2020. The method used was to present speakers of political practitioners and student activists in 1998 so that the level of student knowledge about state science and the role of students in the movement to build the nation could become the spirit of students in the reform era. In practice, students' knowledge of state science is increasing and it can be concluded that the role of students to maintain the institution is very important.

scholarly journals Political Patronage and Political Values: The Developmental Role of Political Patronage and its Impact on Shaping Political Values in Rural Uganda

Afrika Focus ◽  
2006 ◽  
Vol 19 (1-2) ◽  
pp. 43-67
Author(s):  
Kristof Titeca
Keyword(s):  
The State ◽  
Informal Logic ◽  
Political Values ◽  
State Institutions ◽  
The People ◽  
Role Of The State ◽  
Political Patronage ◽  
Developmental Role ◽  
Western Uganda

Political patronage and political values: The developmental role of political patronage and its impact on shaping political values in rural Uganda. This article points out the importance of neo-patrimonial theories in understanding local socio-political dynamics. Through the analysis of a case study in Western Uganda, it is firstly shown how within 'formal' state institutions, there is an 'informal' logic of competing political camps. These political camps, and their subsidiary networks of political patronage, have adverse effects for development. Secondly, this system has a profound impact on how people perceive the service-delivery functions of the state: people on the ground do not expect the state to be there for everyone, but only for the people of their 'political camp' or network. Also the role of the state is seen as strongly personalised, as the 'big men' are perceived to have taken over the service provision activities of the state.

Embodying The Meaning Of The Guardian Of The Constitution In The Role Of The Constitutional Court Of Reducing Constitutions Indicated By Policy Corruption

2021 ◽  
Vol 2 (3) ◽  
pp. 592-599
Author(s):  
Suharno Suharno ◽  
Amir Junaidi ◽  
Muhammad Aziz Zaelani
Keyword(s):  
A Priori ◽  
Preventive Measure ◽  
Comparative Approach ◽  
Constitutional Court ◽  
State Institutions ◽  
The Public ◽  
The Media ◽  
The Guardian ◽  
The Impact

Purpose of this study was to answer two problems: (i) how is the guardian of the constitution embodied through the function of the Constitutional Court; and (ii) how the Constitutional Court as the guardian of the constitution reduces constitutions that are indicated by the policy corruption. Policy corruption is an invisible and covert element that able to threaten the synergy of the legal system and the public interest. The form of policy corruption is realized in the form of a law. Efforts that can be made to reduce the policy corruption are to implement the tight control over the media, which in this case is relevant to the function of the Constitutional Court. This studywas classified as doctrinal research with primary and secondary legal materials. Comparative approach and case approach were used to answer the legal issues. The results showed that: First, the guardian of the constitution through the function of the Constitutional Court through the optimization of the Constitutional Court Judges as the agent of constitution, strengthening the execution of the Constitutional Court decisions and collaborative steps with other state institutions in enforcing the constitutional guardianship. Second, the Constitutional Court as the guardian of the constitution in reducing laws indicated by the policy corruption is manifested in the form of a Constitutional Court decision that can be retroactive to recover the impact of legal losses that are indicated by the policy corruption, the decision of Constitutional Courtis justified by ultra vires to anticipate the chain of constitutions that indications of policy corruption, the decision of Constitutional Courtis strengthened in terms of its execution and the Court can examine or test the Constitution Drafting (bill/ RUU) (a priori review) as a preventive measure to prevent the enactment of laws that indicate policy corruption.

scholarly journals PENERAPAN KEDAULATAN RAKYAT DI DALAM PEMILIHAN UMUM DI INDONESIA BERDASARKAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

2020 ◽  
Vol 6 (1) ◽  
pp. 51-71
Author(s):  
Ofis Rikardo
Keyword(s):  
Presidential Elections ◽  
Vice President ◽  
Popular Sovereignty ◽  
Constitutional Court ◽  
State Institutions ◽  
The People ◽  
Democratic System ◽  
The Government

ABSTRACTElections are a means of implementing the sovereignty of the people regulated in the 1945 Constitution. In the implementation of indirect democracy, a representative democratic system is inevitable, so that elections that uphold direct, public, free, secret, honest and fair spirit are a means of regenerating leadership politics to run the government both at central and regional levels. People as the owner of the highest sovereignty surrender their sovereignty to state institutions such as the President, DPR, DPD, and DPRD through elections. After the change in the 1945 Constitution there was a shift in the regulation of popular sovereignty such as the MPR is no longer the executor of popular sovereignty, the implementation of direct presidential elections by the people, until the emergence of the Constitutional Court that can try and decide the president and vice president to stop in his term of office. All of this is an effort to uphold the people's sovereignty and at the same time to maintain the people's sovereignty based on the 1945 Constitution. Keywords: People's Sovereignty, Elections, 1945 Constitution

scholarly journals Perubahan Konstitusi dan Reformasi Ketatanegaraan Indonesiaa

2015 ◽  
Vol 3 (1) ◽  
Author(s):  
Abu Tamrin
Keyword(s):  
Constitutional Reform ◽  
State Agency ◽  
Advisory Council ◽  
New Order ◽  
Constitutional Court ◽  
Political Struggle ◽  
Reform Era ◽  
State Institutions ◽  
The Past ◽  
Basic Law

Abstract: Amendment of the Constitution and constitutional reform in Indonesia. The Constitution can be two meanings, namely: a broad sense and narrow sense. Meaning constitution means forming. Constitutional expert in Constitutional Law contains basic law is written. Act of 1945 is a formal document which is the result of political struggle in the past. In the era of the New Order Act of 1945 "sacred" so that the People's Consultative Assembly of Indonesia in the New Order era did not alter the Constitution of 1945. In the reform era to amend the Act of 1945. There was a change of articles of Law 1945. One only Article 1 (2) the first amendment of the Constitution of 1945. Sovereignty is in the people's hands and performed in accordance with the Constitution. There is a state agency that was formed, one of which the Constitutional Court and no state institutions were removed, the Supreme Advisory Council. With the change of the Constitution of 1945, then there was a constitutional reform in Indonesia Abstrak: Perubahan Konstitusi dan Reformasi Ketatanegaraan Indonesia. Menurut K.C. Wheare kata konstitusi dapat menjadi 2 arti yaitu: arti luas dan arti sempit. Menurut Wirjono Projodikoro arti konstitusi berarti membentuk. Baik konstitusi maupun Undang-undang Dasar menurut Pakar Hukum Tata Negara berisi Hukum dasar tertulis. Konstitusi/Undang-undang Dasar 1945 merupakan dokumen formal yang merupakan hasil perjuangan politik bangsa di waktu lampau. Di era orde baru Undang-undang Dasar 1945 “disakralkan” sehingga Majelis Permusyawaratan Rakyat RI di era orde baru tidak mengubah Undangundang Dasar 1945. Di era reformasi dilakukan perubahan Undang-undang Dasar 1945. Ada perubahan pasal Undang-undang Dasar 1945. Salah satunya Pasal 1 ayat (2) perubahan pertama Undang-undang Dasar 1945.Kedaulatan ada di tangan rakyat dan dilakukan menurut Undang-undang Dasar. Ada lembaga negara yang dibentuk, salah satunya Mahkamah Konstitusi RI dan ada lembaga tinggi negara yang dihapus, yaitu Dewan Pertimbangan Agung RI.Dengan adanya perubahan Undang-Undang Dasar 1945, maka terjadi reformasi ketatanegaraan Indonesia. DOI: 10.15408/jch.v2i1.1843

scholarly journals Mekanisme Impeachment Presiden dalam Sistem Ketatanegaraan Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 296-299
Author(s):  
I Gede Ngurah Bayu Krisna ◽  
Gusti Bagus Suryawan ◽  
Wayan Arthanaya
Keyword(s):  
Constitutional Court ◽  
Legal Institution ◽  
Reform Era ◽  
Legal Decisions ◽  
State Institutions ◽  
Government Power ◽  
The Reformation ◽  
Legal Arguments ◽  
The Republic ◽  
Constitutional System

In the course of the Indonesian Constitution, the president has been dismissed four times. This is the cause of the dispute between the two state institutions, namely the Representative Council (DPR) and the President. However, after reformation, the process of dismissing the President had to go through several stages. Based on these problems, this study aims to analyze the impeachment mechanism of the President in the Indonesian constitutional system and to find out the consequences of the Constitutional Court's legal decisions upon the DPR's request. This research uses the normative type by looking at the 1945 Constitution of the Republic of Indonesia concerning impeachment. The data sources used were law and documentation. Then, all data is processed and analyzed with deductive-inductive legal arguments. The results showed that before the reformation, government power was very large and centralized, giving birth to an undemocratic government, and the impeachment process of the President used political rather than juridical reasons. However, after the reform era, the regulation was made clear by the changes to the three 1945 Constitution that gave birth to a new institution, namely the Constitutional Court, automatically the post-reform Impeachment must go through a new legal institution after that a political institution

scholarly journals EKSISTENSI KEKUASAAN KEHAKIMAN ( JUDICATIVE POWER) DALAM MEWUJUDKAN INDEPEDENSI PERADILAN DAN PERADILAN YANG BERSIH

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 266-273
Author(s):  
Eveline Fifiana
Keyword(s):  
Supreme Court ◽  
Code Of Ethics ◽  
Judicial Power ◽  
Constitutional Court ◽  
Recruitment Process ◽  
Applicable Law ◽  
The People ◽  
Democratic State ◽  
High Integrity ◽  
Law And Justice

Every Indonesian citizen has the obligation to uphold the applicable law. Every implemented law has a demand for justice. Judicial power must exist in every democratic State of Law, tasked with upholding and overseeing the enactment of the applicable law and regulations (ius constitutum) in order to realize justice. Law without justice will be in vain, as a result, law will become invaluable before community. To answer the problems in this study, the researcher used a normative juridical approach, descriptive qualitative in nature. In this research, law enforcers, especially judges, must uphold the authority of the law and uphold the value of trust in society. The important prerequisites in upholding law and justice in the wolrd of justice is noble, clean, honest, professional, high integrity, high moral, and dignified judge. Supreme Court and Constitutional Court as judicial power holders, along with Judicial Commision in the scope of judiciary powers, not only have the authority to guide the judges but also have the authority to maintain the independency of judiciary powers from the influence of government and outside government parties by minimizing the subjectivity in recruitment process of prospective judges and supreme judges. The independency of judicial power is not enough, because law enforcers, especially “bad” judges can take refugee under the independency of judicial power.  To build an “ideal” Judge or Supreme Judge who will fulfill the people needs of justice, the Judge or Supreme Judge recruitment process conducted by Judical Commission need to be strict while increasing the control over the implementation of power to minimize the arbitrary acts and abusive judge’s power. High commitment, consistency, adhering to the principles and code of ethics in carrying out their duties will lead to a clean, authoritative judiciary in the eyes of the society so that the hope of upholding independent judicial power will be realized while at the same time bring improvements to the Indonesian justice situation.

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