scholarly journals URGENSI CHECKS AND BALANCES KETATANEGARAAN INDONESIA DAN ISLAM

2019 ◽  
Vol 18 (2) ◽  
pp. 221
Author(s):  
Bustamin Bustamin ◽  
Rony Jaya

The reform movement opened the door to implementation of the 1945 amendment to the constitution. The urgency of the Indonesian government's control system, which included the legislative, executive and judicial institutions, was quite a concern. This condition is based on the fact that during the Orde Baru the concept of the Trias Politica Montesquieu was castrated by the authorities. Unlike the case of the Islamic constitutional system, the concept of mutual control was much more familiar when Khulafaur Rasyidin Umar bin Khattab called six (six) high-ranking friends to find a replacement. This was later considered the first Syura Institute in Islamic history. The purpose of this paper is to recognize the urgency of checks and balances in the Indonesian government system and in the Islamic state administration. This article uses a library research method with a qualitative descriptive approach, which is then analyzed using the interactive analysis model of Miles, Huberman, and Saldana. The results show that following the amendment of the 1945 Constitution, the legislature, including the DPR and the DPD, has taken control of the executive and the Supreme Court and the Constitutional Court as a judicial body can control each other and establish a balance between these institutions. While the Islamic constitutional system in the Fiqh study of Siyasah was already familiar with the separation of powers and the separation of powers in the institutions of Tasyri'iyah, Tanfidziyah and Qada'iyah.

2012 ◽  
Vol 45 (01) ◽  
pp. 17-31 ◽  
Author(s):  
Louis Fisher

From World War II to the present, prominent scholars placed their hopes in the presidency to protect the nation from outside threats and deal effectively with domestic crises. Their theories weakened the constitutional system of separation of powers and checks and balances by reviving an outsized trust in executive power (especially over external affairs) that William Blackstone and others promoted in eighteenth-century England. The American framers of the Constitution studied those models with great care and fully rejected those precedents when they declared their independence from England.


2019 ◽  
Vol 34 (2) ◽  
pp. 200
Author(s):  
Damara Dinda Nirmalasari Zebua ◽  
Sony Heru Priyanto ◽  
Lasmono Tri Sunaryanto

National diversification of wheat-based food has been put into practice. Public consumption of flour-based food, such as noodles and bread, is in great demand. This study aims to determine the calculations, perceptions and attitudes of farmers towards wheat farming, considering that Indonesia is a non-wheat developing country. This qualitative descriptive research using in-depth interviews with 7 informants and observation methods was conducted in Klaten and Demak Regencies. In analyzing the data, this study used an interactive analysis model including data reduction, data presentation and conclusion drawing. The results show that: 1) based on farmers' calculations, wheat farming is financially not profitable to farmers because the products harvested are not worth the expense; 2) farmers' calculations affect farmers' perceptions which shifted to negative perceptions that wheat farming is not as promising as other farming businesses. Despite the negative perceptions, wheat farming has provided a valuable experience for farmers which is shown by their pride and pleasure and 3) the majority of farmers are not interested in wheat farming, which is shown by their attitude of not being able to accept wheat farming, while other farmers behave otherwise, indicated by their willingness to recommence wheat planting testing. Further research may examine: 1) how to change the culture of rice farming into culture of wheat farming; 2) how to change subsistence rice farming into enterprise and 3) how to change rice farming as social activities to rice farming as business activities.


Author(s):  
Endang Sri Markamah ◽  
St. Y. Slamet ◽  
Rukayah Rukayah ◽  
Retno Winarni

<p><em>The objectives of this research </em><em>we</em><em>re: (1) to describe students</em><em>’</em><em> and lecturers</em><em>’ </em><em>needs </em><em>on </em><em>poetry and drama </em><em>appreciative textbook</em><em>, (2) to describe the development of textbook model (3) to find the effectiveness of textbook </em><em>model</em><em> 4) to describe textbook dissemination. The type of research used was research </em><em>and </em><em>development. Research was done through 4 stages: (1) </em><em>exploration</em><em>, (2) model development, (3) model testing, (4) dissemination. Exploration stage used qualitative descriptive approach. Data </em><em>was collected through</em><em> in-depth interviews, observation, documentation, and questionnaires. Data analysis technique </em><em>was </em><em>interactive analysis model. </em><em>M</em><em>odel testing </em><em>was done through </em><em>experimental research. The results of this research were: (1) </em><em>the </em><em>exploration stage showed that the </em><em>poetry and drama learning </em><em>textbook used by </em><em>Elementary Teacher Education Program (ETEP) </em><em>student</em><em>sin </em><em>Surakarta </em><em>did </em><em>not </em><em>meet the </em><em>student</em><em>s’</em><em> and lecturer</em><em>s’ need</em><em>, (2) model development </em><em>stage producedappreciative poetry and drama </em><em>textbook through preliminary field testing; (3) </em><em>model </em><em>testing phase </em><em>was to test</em><em> effectiveness </em><em>of the textbook used </em><em>t-test </em><em>non-</em><em>independent technique</em><em>.It was </em><em>obtained t</em><em><sub>obtain</sub></em><em>of </em><em>23 </em><em>and </em><em>t</em><em><sub>table(</sub></em><em><sub>90; 0.05)</sub></em><em>of </em><em>1.67. Thus, t</em><em><sub>obtained</sub></em><em> (23)&gt; t<sub>table</sub> (1.67) </em><em>which meant that</em><em> the hypothesis was accepted (Ho was rejected). In conclusion, the </em><em>Appreciative</em><em> Poetry and Drama textbook model was effectively improve students' poetry and drama appreciation skills. Dissemination was done through national seminars, article writing in international journals, as well as the publishing of an Integrative-thematic Textbook of Poetry and Drama Learning</em><em> with ISBN</em><em>.</em></p>


Author(s):  
Barsotti Vittoria ◽  
Carozza Paolo G ◽  
Cartabia Marta ◽  
Simoncini Andrea

By presenting the Court’s principal lines of case law regarding the allocation of powers in the Italian constitutional system, this chapter explores the constitutionally regulated relationships among the President, Executive, Parliament, and Judiciary. It reveals that rather than a “separation of powers” in the conventional sense of contemporary constitutional models, the Italian system is best described as instituting a set of reciprocal “relations of powers” with the Constitutional Court as the “judge of powers” that maintains and guarantees these interrelationships of constitutional actors. The chapter explores this role of the Constitutional Court in its relations with both Parliament and the President of the Republic, as well as the Court’s regulation of the relationship between the President and the Executive.


2021 ◽  
Vol 5 (2) ◽  
pp. 128
Author(s):  
Diki Suherman ◽  
Yogi Suprayogi Sugandi ◽  
Mohammad Benny Alexandri

The purpose of this study was to determine the policy advocacy network in support of the expansion of the new South Garut autonomous region. The method used in this study used a qualitative descriptive approach. The technique of collecting data through interviews and documentation, informants were selected based on purposive sampling and snowball. The data analysis technique used is an interactive analysis model including data reduction, data presentation (display) and drawing conclusions. The results of this study are that the Policy Advocacy Network in supporting the expansion of the New South Garut Autonomous Region, has so far made efforts to support the expansion with their respective roles. Both from South Garut academics, South Garut community leaders, especially the expansion presidium who are representatives of the South Garut community and the Garut district government itself as policy makers at the district / city level. The three actors of course network with each other to support the division of South Garut into a new district in West Java, through procedures that are regulated in accordance with the applicable laws and regulations in establishing a new autonomous region.


2014 ◽  
Vol 2 (3) ◽  
pp. 140
Author(s):  
Rahmawati Zulfiningrum

This study aims to determine the spatialization and practices of media conglomeration by Kompas Gramedia group. This type of research is descriptive qualitative. In this research, data collection techniques used in-depth interviews, library research, and documentation. This study uses a technique Interactive Analysis Model Miles and Huberman. Spatialization as a process for overcoming space and time, map out the extent to which the media were able to present their products to the front of the reader, viewer, or consumers with the limits of space and time. The results indicate that the practice of spatialization conducted by Kompas Gramedia Group is to follow the model of industrial economy. It is characterized by the abundance of media and accelerate the results to get a low cost for the production or efficiency. This indicates the growth spirit of capitalism in the media industry. The media industry, which was built in the spirit of capitalism would produce media messages or product oriented capital increase. The conglomeration of media make the media do their efficiency is reflected in the value chain of media products. As the result, media also could not avoid about the content that will be the same. With equalizer for the content of these media, people in the audience do not have the freedom to select appropriate media content as what they want.


FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (4) ◽  
pp. 307
Author(s):  
Yusdiyanto Yusdiyanto

The research aims to enlight the overview about the urgent of the Broad Guidelines of State Policy (GBHN) as the product of the People’s Consultative Assembly (MPR) by using the dogmatic approach. The amendment of the 1945 Constitution has changed the Indonesian constitutional system. According to the article 2 paragraph (1) of the 1945 Constitution, highest authority remains in the hands of the people and is carried out according to the Constitution. The constitutional design of the Indonesian government system is presidential. However, the implementation often reaps many obstacles and problems, the consequences of amendments, eliminating the authority of the People’s Consultative Assembly (MPR) in terms of electing the President and Vice President, and determining the Broad Guidelines of State Policy (GBHN). MPR is no longer placed as the highest institution of the country and the perpetrators of popular sovereignity. The Constitution which is the holder of popular sovereignty in the practice adheres to a clear and strict understanding of the separation of powers. Like in the legislative field there are People’s Consultative Assembly (MPR), House of Representatives (DPR) and Regional Representative Board (DPD); in the executive field there are Presidents and Vice Presidents elected by the people; in the judicial sector there are the Supreme Court, the Constitutional Court and the Judicial Commission; in the field of financial supervision there is a Indonesian Supreme Audit Institution (BPK). Changes in the position, function and authority of the MPR have implications for the emergence of the National Development Planning System and the National Long-Term Development Plan which became the authority of the elected President. The President that won the election as a basic guidelines for implementing development as the replacement of the GBHN.  


2019 ◽  
Vol 10 (6) ◽  
pp. 1318
Author(s):  
Irna Fitriana ◽  
Achmad Tolla ◽  
Jasruddin Jasruddin ◽  
Mahmudah Mahmudah

This research aims at revealing the image characteristics of a transitional and feminist woman in a novel by Okky Madasari through ideological feminist literary criticism. This research uses qualitative descriptive method where ‘Entrok’ novel by Okky Madasari becomes as the data source. Technique of data collection applied is content analysis, while technique of validity is source triangulation. For technique of data analysis used in this research is an interactive analysis model with three components of data reduction, data presentation, and conclusion drawing. The findings discover two main things, that is the image of a transitional and feminist woman. In the story, Sumarni is a female figure who plays as a transitional woman as well as the image of a feminist woman.


2013 ◽  
Vol 2 (1) ◽  
pp. 579
Author(s):  
Fadjarini Sulistyowati ◽  
Candra Rusmala Dibyorin

The existence of village information service using technology is one of the villages effort to achieve transparency of information to various parties. The existence of information systems make citizens’ access to get information more widely and easily. The important thing in this system is about the participation of the villagers. This research was conducted in Terong village, Dlingo - Bantul with the assumption that the information system in this village is one of the applications which afforded by LSM Combine Resource Institute participatory. The method of the research uses a qualitative descriptive study. Target of the research is social life or society as a whole or a whole entity. A technique to obtain data is from observations, focus group discussions and interviews with informants who are considered to be related to the information system of the village. The data analysis are using interactive analysis model which developed by Miles and Hubermann. The result showed that: 1. Public participation to the existence of village information system started when the system is put in place. 2. The emergence of community participation due to the great synergy between village officials, LSM and communities. 3. Participation of community should be increased by controlling the presence of village information system for the public.


2018 ◽  
Vol 15 (1) ◽  
pp. 206
Author(s):  
Tanto Lailam

Artikel ini membahas tentang penataan kelembagaan pengujian norma hukum di Indonesia, yang diawali dengan pembahasan problematika kelembagaan dan praktik pengujian norma hukum saat ini dan gagasan penataaan lembaga kedepan. Hasil kajian menunjukkan bahwa beberapa persoalan, meliputi (1) kelembagaan yang tidak ideal dan tidak sesuai dengan checks and balances system, hal ini terbukti banyaknya lembaga yang terlibat dalam pengujian norma, yakni MK, MA, dan Mendagri–Gubernur (Wakil Pemerintah Pusat); (2) persoalan objek pengujian yang tidak memiliki batasan yang jelas; (3) dalam praktik, persoalan tolok ukur pengujian terjadi kerumitan, terutama dalam penggunaan tolok ukur dalam menilai pertentangan norma hukum. Gagasan penataan kelembagaan ini di desain untuk kelembagaan satu atap pada MK, yang didasari argumentasi bahwa: MK sebagai pengawal Pancasila dan UUD 1945, dalam rangka penataan kelembagaan yang berbasis pada mekanisme checks and balances system, mewujudkan hierarkisitas peraturan perundang-undangan yang berkelanjutan, implementasi pengujian formil dalam praktik pengujian peraturan perundang-undangan di bawah undang-undang, penataan regulasi menjadi lebih tersistem, pengujian produk hukum tertentu merupakan pintu masuk untuk melihat semua persoalan pertentangan normanya pada setiap hierarki. Pada sisi yang lain, objek dalam sistem pengujian peraturan perundang-undangan juga belum terintegrasi menurut konstitusi dan belum mengarah pada penataan sistem heirarki norma hukum dan upaya harmonisasi norma hukum. Sistem konstitusi dengan paradigma “the supreme law of the land” mengharuskan seluruh peraturan dibawahnya harus bersumber dan tidak boleh bertentangan, dengan berpijak pada prinsip “tidak boleh satu detik pun ada peraturan perundang-undangan yang berpotensi melanggar konstitusi tanpa bisa diluruskan atau diuji melalui pengujian yudisial”.This article is discussed the institutional arrangement of regulation reviews in Indonesia. It’s begins with a discussion of the institutional problems and practice of regulations review and the design of institutional arrangement in the future. The results of the study shows several issues including: (1) institutions which are not ideal and contradicted with checks and balances system, it’s proofed by amount of institutions has authority about the functions, namely: Judicial review (Constitutional Court, Supreme Court), and Executive Review (Minister of Home Affairs and Governor; (2) the object of review doesn’t clear boundaries; (3) in practice, the problems of standard reviews is complicated, especially in the use of judging standard in the conflict of legal norm. The idea of institutional arrangement is designed for one institutionalization at the Constitutional Court, which is based on the argument: The Constitutional Court as the guardian of the Pancasila (ideology of state) and the 1945 Constitution, in the framework of institutional arrangement based on checks and balances system, realizing the sustainable in the heirarchy of regulation, in practice of formal review to reviewing regulations under a law, arrangements of regulations more systematic and comprehsnsive, regulations review is the entrance to see all the issues of it’s conficting in each hierarchy. On the other hand, the object in the system of regulation reviews is also not integrated according by the constitution, and it’s not in accordance with the arrangement system in hierarchy of the regulation and efforts to harmonize the legal norms. The constitutional system with the “supreme law of the land” paradigm requires that all the regulations below should be sourced and not be contradictions, with the principle of “no regulations may be conflict againts the constitution without judicial review.


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