scholarly journals Analisis Pasangan Calon Tunggal Dalam Pemilihan Kepala Daerah Kota Pematang Siantar Tahun 2020

PERSPEKTIF ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 298-317
Author(s):  
Gary Timothy Hasian Purba ◽  
Subhilhar Subhilhar ◽  
Hatta Ridho
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Court Decision ◽  
Constitutional Court ◽  
Candidate Pair ◽  
Local Election ◽  
Legal Power ◽  
Post Conflict ◽  
Legal Force ◽  
Descriptive Qualitative

The purpose of this study was to analyze a single candidate pair in the regional head election of Pematang Siantar City in 2020. The purpose of this study was to explain why there was a single candidate pair in Pematang Siantar City. The legality of the Constitutional Court Decision number 100/PUU-XII/2015 is a legal force to uphold the meaning of democracy in political contestation, in this case regional head elections. Besides that, the essence of democracy which promises freedom to be elected and to vote is an additional power to bring up a single candidate pair. The failure to regenerate political parties is another trigger for the emergence of a single candidate pair in the post-conflict local election. Not only in Pematang Siantar City but also throughout Indonesia. The method used in this research is descriptive qualitative with interview instruments involving political party administrators and political observers in Pematang Siantar City in addition to references to single candidate pairs. The weak cadre of political parties with the presence of wholesale parties makes incumbents not get support in Pematang Siantar City. The legal power of the Constitutional Court's decision and the meaning of democracy to be elected and voted made the single candidate pair in Pematang Siantar City win the post-conflict local election against an empty box.

scholarly journals Original Intents: Individual Requirements for Candidates of Regional Representative Council

2020 ◽  
Vol 1 (2) ◽  
pp. 85
Author(s):  
Ganiviantara Pratama
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Court Decision ◽  
Constitutional Court ◽  
Historical Approach ◽  
The Republic

The main problem of this research is that there is no firmness regarding the diction of individual words in the Constitution which is useful as a condition for nominating Regional Representative Council or Dewan Perwakilan Daerah (DPD) membership. This indecisiveness has led to the composition of DPD membership being dominated by members of political parties. This journal aims to explore the meaning of the diction of words contained in the 1945 NRI Constitution, namely "Individual" which is clearly written in Article 22E paragraph (4) of the 1945 Constitution of the Republic of Indonesia after the Constitutional Court Decision No30/PUU-XVI/2018. The meaning of the term “individual” in this article will determine the conditions for nominating members of the DPD so that they are more in line with the objectives of establishing the institution. This journal uses a statutory approach and a historical approach. The results of this discussion show that the original intense definition concluded by the author regarding the word "individual" in the 1945 Constitution of the Republic of Indonesia after the Constitutional Court Decision has the following meaning: an individual who does not have a political party background or political party management and really understands his / her region.

scholarly journals PENERAPAN ASAS ERGA OMNES DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 30/PUU-XVI/2018 DIKAITKAN DENGAN ASAS NEGATIVE LEGISLATOR

2019 ◽  
Vol 1 (2) ◽  
pp. 800
Author(s):  
Muchamad Lutfi Hakim ◽  
Rasji .
Keyword(s):  
Political Parties ◽  
Supreme Court ◽  
Judicial Review ◽  
Political Party ◽  
Research Method ◽  
Review Article ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Research

The problem began because there was an Application to Judicial Review Article 182 Letter l specifically in the phrase "other work" Law Number 7 of 2017. The applicant requested the Constitutional Court to interpret the phrase "other work". The request was finally granted by the Constitutional Court which interpreted the phrase "other work" in Article 182 letter l of the Act to also serve as a Political Party Functionary. For the Decision, there are Parties who disagree, finally the KPU Regulation Number 26 Year 2018 which accommodates the MK Decision so that candidates for DPD members resign from Political Parties to the Administrative Court and MA. The problem is that the Decision of the Administrative Court and Supreme Court is different from the Constitutional Court Decision, both decisions allow political party functionaries to register as candidates for the DPD. In solving these problems the author uses the Normative Legal Research Method, the author's conclusion is that the principle of the Erga Omnes and the principle of the Negative legislator attached to the Constitutional Court Decision is not effective. While the author's suggestion is that there is a need for a revision of the Constitutional Court Law by adding sanctions to institutions or communities that do not follow the MK Decision.

History, Politics, and the Constitution: Ethnic Conflict and Constitutional Adjudication in Postcommunist Bulgaria

Slavic Review ◽  
2004 ◽  
Vol 63 (1) ◽  
pp. 66-89 ◽  
Author(s):  
Venelin I. Ganev
Keyword(s):  
Political Parties ◽  
Transitional Justice ◽  
Political Party ◽  
Historical Memory ◽  
Political Order ◽  
Democratic Politics ◽  
Socialist Party ◽  
The Political ◽  
Constitutional Court ◽  
Constitutional Adjudication

Infamously, the 1991 Bulgarian Constitution contains a provision banning political parties “formed on an ethnic basis.” In the early 1990s, the neo-communist Bulgarian Socialist Party invoked this provision when it asked the country's Constitutional Court to declare unconstitutional the political party of the beleaguered Turkish minority. In this article, Venelin I. Ganev analyzes the conflicting arguments presented in the course of the constitutional trial that ensued and shows how the justices’ anxieties about the possible effects of politicized ethnicity were interwoven into broader debates about the scope of the constitutional normative shift that marked the end of the communist era, about the relevance of historical memory to constitutional reasoning, and about the nature of democratic politics in a multiethnic society. Ganev also argues that the constitutional interpretation articulated by the Court has become an essential component of Bulgaria's emerging political order. More broadly, he illuminates the complexity of some of the major issues that frame the study of ethnopolitics in postcommunist eastern Europe: the varied dimensions of the “politics of remembrance“; the ambiguities of transitional justice; the dilemmas inherent in the construction of a rights-centered legality; and the challenges involved in establishing a forward-looking, pluralist system of governance.

scholarly journals KEKUATAN HUKUM SURAT KETERANGAN AHLI WARIS BAGI ANAK LUAR KAWIN DARI PERNIKAHAN TIDAK TERCATAT

2018 ◽  
Author(s):  
Tengku Erwinsyahbana ◽  
Harmita
Keyword(s):  
Qualitative Method ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Biological Father ◽  
Legal Power ◽  
Born Child ◽  
The Government ◽  
Research Type ◽  
Descriptive Qualitative

Based on the Decision of the Constitutional Court Number 46/PUU-VIII/ 2010, a child born from an unregistered marriage may have a civil relationship with his biological father, so as to remain inherited, and to obtain legal certainty as an heir the name of the uregistered marrieage born child should mentioned as the heir. This fact is interesting to be examined and it aims to obtain answers of the legal strength of the heirs’ certificate of unrecorded marriage. This research type is juridical normative with legislation approach through the descriptive-qualitative method. The results of the study indicate that in order to obtain legal certainty, it is supposedly that the certificate of inheritance contains the name of the unrecorded marriage born child. But, this is can’t be done, because there is no legislation determines that the child’s name from unregistered marriage could be contained in the letter. So, with no legislation, the certificate of inheritance containing the name of the unregistered marriage child has no legal power, and therefore it is recommended that the government immediately make a regulation concerning the inheritance certificate for the child from unregistered marriage, so it could be clear and fixed.

scholarly journals Analisis Yuridis Pembatalan Hak Untuk Melakukan Perkawinan Antara Sesama Pekerja Dalam Satu Perusahaan (Studi Putusan Mahkamah Konstitusi Nomor 13/PUU-XV/2017)

2020 ◽  
Vol 20 (1) ◽  
pp. 11-25
Author(s):  
Olivia Sitanggang
Keyword(s):  
Court Decision ◽  
Constitutional Court ◽  
Professional Attitude ◽  
Legal Consideration ◽  
The World ◽  
Personal Conflict ◽  
The Impact ◽  
Legal Force

Currently, there are several companies that make regulations that require the workers to resign or even be willing to be laid off if they decide to marry another worker in the company. Some of the reasons are preventing personal conflict, subjectivity, corruption, collusion and nepotism. The formulation of the problem in this research is what is the background of the provisions regarding the prohibition of marriage between fellow workers in one company, how is the analysis of the judges legal considerations in the decision Number 13 / PUU-XV / 2017, what is the impact of the Constitutional Court decision on the inclusion of clauses prohibiting intermarriage between workers.The results showed that the background of the provisions concerning the prohibition of marriage between fellow workers in one company is to maintain a professional attitude of workers when carrying out their work in order to maintain the company's existence in the world of business competition. Another reason is that it refers to Article 153 paragraph (1) letter f of Law Number 13 of 2003 so that this provision is used as a reason for employers to prohibit marital ties for fellow workers in their company. The legal consideration of the judge in decision Number 13 / PUU-XV / 2017 is clear that Article 153 paragraph (1) letter f of the Labour Laws is no longer valid, because the phrase unless it has been regulated in a work agreement, company regulation, or collective working agreement is contrary to the Constitution 1945 and has no binding legal force. The impact of the Constitutional Court's decision on the inclusion of a clause on the prohibition of marriage is that employers cannot state the reasons for dismissal of workers who have marital ties to other workers in the same office in the employment agreements, company regulations or collective working agreements, so that if the entrepreneur includes it, it is considered to have violated the decision of the Constitutional Court. Keywords: Cancellation of the Rights, Marriage, Workers, One Company.

scholarly journals PEMBUBARAN PARTAI POLITIK DALAM SISTEM KETATANEGARAAN INDONESIA

Jurnal Hukum ◽  
1970 ◽  
Vol 26 (2) ◽  
pp. 612
Author(s):  
Widayati
Keyword(s):  
Political Parties ◽  
Supreme Court ◽  
Political Party ◽  
District Court ◽  
Constitutional Court ◽  
Members Of Parliament ◽  
The People ◽  
The Supreme Court ◽  
The Government

Indonesia is a sovereign country folk. One implementation of the sovereignty of the people is the election that followed by political parties for members of Parliament and members of parliament and individuals for DPD.Political parties are the main pillars of democracy. Establishment of political parties must meet the requirements in accordance with legislation. Terms of founding a political party regulated under Article 2 of Law No. 2 of 2008 on Political Parties.As the main pillar of democracy, political parties should be able to carry out its functions properly. There are some restrictions on political parties, among others, are prohibited from engaging in activities contrary to the Constitution of 1945 NRI and legislation; engage in activities that endanger the integrity and safety Homeland. If the ban is violated, then the government may ask the parties to the freezing of the District Court. If the parties do not accept the decision of freezing the District Court, it can be appealed to the Supreme Court. If the Supreme Court confirmed the decision of the PN, then the Government may propose the dissolution of the parties to the Court.The procedure by which parties to the Court daitur dissolution under Article 68 paragraph (1) and (2) of Law No 24 of 2003 on the Constitutional Court. Constitutional Court's decision regarding the request for the dissolution of political parties must be decided upon within a period of 60 (sixty) days after pemoohonan recorded in the Register of Case Constitution.Keywords: Parati dissolution of political, constitutional systemIndonesia

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 THE ALTERNATIVE DESIGNS EFFORT TO SIMPLIFY THE NUMBER OF POLITICAL PARTIES IN INDONESIA

2021 ◽  
Vol 8 (2) ◽  
pp. 257
Author(s):  
Sulistyani Eka Lestari ◽  
Ahmad Siboy
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Political Stability ◽  
Constitutional Court ◽  
New Parties ◽  
Political Recruitment ◽  
Effectiveness And Efficiency ◽  
The Government ◽  
Alternative Designs ◽  
The Ideal

The number of political parties continues to increase from time to time. Ironically, the establishment of a political party is not based on the desire to carry out the functions of political education, political recruitment, and political regeneration. It is only to fulfill the desire for the power of a group of political elites. This research aims to analyze the need to simplify the number of political parties and determine the ideal simplification design of political parties This research used normative juridical research with statutory, historical, and conceptual approaches. The results indicated that political party simplification is needed for creating effectiveness and efficiency, minimizing segmentation or the emergence of friction among Indonesian citizens, preventing voter confusion, and maintaining political stability. Meanwhile, the ideal design to simplify political parties that can be executed is through submitting the dissolution of political parties to the Constitutional Court (Indonesian: Mahkamah Konstitusi (MK)) by expanding the criteria for those who can propose for dissolution (legal standing), imposing strict sanctions, implementing a moratorium on permits for the establishment of new parties, and extending the authority of the government to unilaterally dissolve political parties, such as the power to dissolve banned community organizations.

scholarly journals Eksistensi Partai Politik Lokal di Provinsi Papua Pasca Putusan Mahkamah Konstitusi Nomor 41/PUU-XVII/2019

2021 ◽  
Vol 15 (2) ◽  
pp. 103-120
Author(s):  
Galih Raka Siwi ◽  
Reviansyah Erlianto ◽  
Maharani Nurdin
Keyword(s):  
Human Rights ◽  
Political Parties ◽  
Political Party ◽  
Research Method ◽  
Secondary Data ◽  
The Political ◽  
Constitutional Court ◽  
Political Field ◽  
Legal Uncertainty ◽  
The Right

The existence of local political parties in Indonesia is a tangible form of the existence of special autonomy in a certain area. The specificity of a certain area is regulated in the 1945 Constitution Article 18B paragraph (1). In addition, the formation of local political parties is one of the human rights in the political field, as stated in Article 28E paragraph (3) of the 1945 Constitution. The research method uses a normative juridical approach with secondary data and analyzed descriptively qualitatively. Based on research, Papua Province has the right to form political parties (see Article 28 paragraph (1) of the Papua Province Special Autonomy Law). However, the phrase "political party" is considered to have multiple interpretations, thus creating legal uncertainty. Through the decision of the Constitutional Court Number 41/PUU-XVII/2019, the legal uncertainty can be guaranteed by the Constitutional Court Decision. In the future, by looking at the background and real needs of the Papua Province, it is possible to form a Local Political Party in the Papua Province, considering the condition of the Papua Province as a special autonomous region.Partai politik lokal di Indonesia merupakan wujud nyata adanya otonomi khusus di suatu daerah. Kekhususan suatu daerah diatur dalam UUD 1945 Pasal 18B ayat (1). Selain itu, pembentukan partai politik lokal merupakan salah satu hak asasi manusia di bidang politik, sebagaimana tercantum dalam Pasal 28E ayat (3) UUD 1945. Metode penelitian menggunakan pendekatan yuridis normatif dengan data sekunder dan dianalisis secara deskriptif kualitatif. Berdasarkan penelitian, Provinsi Papua berhak membentuk partai politik (lihat Pasal 28 ayat (1) UU Otsus Provinsi Papua). Namun, ungkapan “partai politik” dianggap memiliki multitafsir sehingga menimbulkan ketidakpastian hukum. Melalui putusan MK Nomor 41/PUU-XVII/2019, ketidakpastian hukum dapat dijamin oleh Putusan MK tersebut. Ke depan, dengan melihat latar belakang dan kebutuhan riil Provinsi Papua, dimung­kinkan dibentuknya Partai Politik Lokal di Provinsi Papua, mengingat kondisi Provinsi Papua sebagai daerah otonomi khusus.

scholarly journals THE IMPLEMENTATION OF SIYASAH SYAR’IYAH PRINCIPLES IN THE CONSTITUTIONAL COURT DECISION REGARDING TO THE SIMULTANEOUS ELECTION 2019

2019 ◽  
Vol 7 (2) ◽  
pp. 108
Author(s):  
Nanik Prasetyoningsih ◽  
Septi Nur Wijayanti ◽  
Anang Syaroni ◽  
Tanto Lailam
Keyword(s):  
Political Parties ◽  
Court Decision ◽  
Constitutional Court ◽  
Vice Presidents ◽  
Political Interests ◽  
Principle Of Justice ◽  
General Elections ◽  
Voter Groups ◽  
Simultaneous Election

This study aims to examine the Constitutional Court's Decision which carries out General Elections simultaneously from the Syiyasah Syar'iyah perspective, especially on the principle of justice. This research is a doctrinal research and uses two approaches namely the statutory approach and the concept approach. Based on Syiyasah Syar'iyah's perspective, the decision of the Constitutional Court is fair for political parties participating in elections for people who are willing to become candidates/vice presidents, and for people who want to test their electability. This decision also aims to reduce the number of non-voter groups. The Constitutional Court's decision also contains the principle of unity and alliance, because it aims to stop the practical political interests that lead to the collapse of unity.

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