scholarly journals Indonesia Parliamentary Diplomacy: The Leadership of House Representatives Republic of Indonesia in ASEAN Inter-Parliamentary Assembly (AIPA) 2011-2012

WIMAYA ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 39-47
Author(s):  
Muhammad Jullyo Bagus Firdaus ◽  
Megahnanda Alidyan Kresnawati
Keyword(s):  
House Of Representatives ◽  
East Asian ◽  
Active Participation ◽  
Legal Norms

This paper discusses the implementation of Indonesian parliamentary diplomacy when Indonesia became the leader of the ASEAN Inter-Parliamentary Assembly (AIPA) (2011-2012). In the same period, Indonesia also assumed the chairmanship of the Association of South East Asian Nations (ASEAN). Developed from the concept of multi-track diplomacy and total diplomacy, the authors highlight how the House of Representatives of Republic Indonesia (DPR-RI) plays a role in a track 1½ diplomacy. The authors argue that DPR-RI's active participation is essential to oversee national compliance on international legal norms and rules through the case of AIPA.

scholarly journals Analysis of the Juridical Protection of the Most Traditional Health Laws in the Legal Politics of Legislation of Regional Regulations in Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 93-99
Author(s):  
Eddy Asnawi
Keyword(s):  
House Of Representatives ◽  
Regional Government ◽  
Legal Research ◽  
Medium Term ◽  
Political Will ◽  
Legal Norms ◽  
Traditional Health ◽  
Strategic Position ◽  
The Government ◽  
Health Laws

Regional regulations are written regulations containing generally binding legal norms established by the Regional People's Representative Council with the joint approval of the Regional Head. The regional legislation program has an important and strategic position in the formation of regional regulations. However, most local regulations actually get rejection from the community until they are revoked by the government. The method used in this research is normative legal research. The process of making local regulations rarely involves the community so that local regulations that are born are often not accepted by the community. The Regional Government and the Regional People's Legislative Assembly should first prepare a regional legislation program to determine the needs of the region and the needs of the community, then make regional regulations that are in accordance with the Regional Medium-Term Development Plan or Regional Strategic Plan. Therefore, there must be political will from the Regional Government and the Regional House of Representatives to establish cooperation with universities in conducting studies on a problem so that it becomes an academic text that is ready to be ratified into a regional regulation.

scholarly journals PEMAKNAAN NORMA KONSTITUSI DALAM PENGUATAN DEWAN PERWAKILAN DAERAH DALAM RULE MAKING FUNCTION

Arena Hukum ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 368-389
Author(s):  
Aditya Kartika
Keyword(s):  
Political Parties ◽  
House Of Representatives ◽  
Conflicts Of Interest ◽  
Constitutional Court ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Impact ◽  
Election Commission ◽  
Rule Making ◽  
Normative Aspect

The existence of the House of Representatives (DPD) in including regional inputs in the form of norms has experienced polemics. These polemics include the decisions of the State Administrative Court (PTUN), the Supreme Court (MA), and the Constitutional Court (MK) that are out of sync with one another. This decision has the impact of legal dualism which results in confusion for the General Election Commission (KPU) to carry out its functions and even disharmony between legal norms. This normative research aims to determine the existence of a basis to support the DPD in order to reduce conflicts of interest. As a result, the KPU, when viewed from the normative aspect, the Constitutional Court is the sole interpreter of the constitution because of the authority granted by the constitution in Article 24 C. If so, then the KPU does not have to worry about implementing the Constitutional Court's decision because it is constitutional. That is, the KPU carrying out the Constitutional Court's Decision means maintaining the dignity of the DPR so that the aspirations carried out truly represent the needs of the region without worrying about conflicts of interest because they have as administrators of political parties.

scholarly journals Legal Bases of the Involvement of Citizens in Solution of Local Issues

2021 ◽  
Vol 3 ◽  
pp. 22-26
Author(s):  
Oksana B. Novruzova ◽  
◽  
Polina E. Snegireva ◽  
Keyword(s):  
Russian Federation ◽  
Active Participation ◽  
The State ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Legal Norms ◽  
Effective Implementation ◽  
The Russian Federation

In this study, the author examines such an urgent topic as the participation of citizens in resolving issues of local importance. The existing scope and content of powers in the sphere of local self-government are analyzed. The place and significance of this right in the system of legal norms is determined. The article considers a list of sources that influence the formation and functioning of these powers, including the legal positions of the Constitutional Court of the Russian Federation on the issue under study. In addition, the author summarizes the meaning of the main constitutional amendments in this area of legal relations. The author comes to the conclusion that it is necessary for the state to take appropriate measures in order to ensure the active participation of the population in resolving issues of local importance, as well as the effective implementation of the citizens' right to exercise local self-government.

scholarly journals Authority of General Election Commission for the Electoral Constitutional Rights

2019 ◽  
Vol 6 (6) ◽  
pp. 97
Author(s):  
Nasruddin Nasruddin ◽  
Galang Asmara ◽  
RR. Cahyowati
Keyword(s):  
House Of Representatives ◽  
State Institution ◽  
Vice President ◽  
General Election ◽  
Constitutional Rights ◽  
Legal Norms ◽  
The People ◽  
Election Process ◽  
Legal Concepts ◽  
Election Commission

Indonesia is a country that adopts a democratic system that puts sovereignty in the hands of the people. As a manifestation of people's sovereignty, there is a direct election process, in which the people can determine their choices in electing the House of Representatives, the Regional Representative Council, the Regional People's Representative Council, the President and Vice President, the Governor and Deputy Governor, the Regent and Deputy Regent, as well as the Mayor and Deputy Mayor. The purpose of the study was to analyze the discretionary authority of the National Election Commission as a state institution. Research methods, this type of research is normative research, using a statutory approach, and conceptual. Sources of legal materials use primary, secondary and tertiary legal materials. After the legal materials are collected and identified, the analysis of legal materials is carried out using analytical prescrisive methods, namely studying the purpose of the law, the values of justice, the validity of the rule of law, legal concepts, and legal norms. In conclusion, the General Election Commission is a supporting state institution or an auxiliary institution or an independent institution that is of a national, permanent and independent nature which holds elections in Indonesia. The General Election Commission in safeguarding the constitutional rights of voters has the authority to make discretionary decisions on issues if the laws and regulations do not regulate, are incomplete or unclear so that it causes stagnation at some stages, especially in the preparation and determination of the Voter List in the Data Upgrading Stages.

scholarly journals INTERPRETASI MAHKAMAH KONSTITUSI TERHADAP PENGUJIAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG

2019 ◽  
Vol 4 (2) ◽  
pp. 97
Author(s):  
Anwar Hafidzi ◽  
Panji Sugesti
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
Constitutional Court ◽  
Literature Study ◽  
Legal Norms ◽  
Legal Principles ◽  
State Institutions ◽  
General Elections ◽  
The Law ◽  
The Republic

Abstract: The Constitutional Court of the Republic of Indonesia has 4 (four) authorities and one obligation, as for those authorities, namely: (1) The Constitutional Court has the authority to adjudicate at the first and last level whose decisions are final to test the Law against the Constitution, (2) decide authority disputes of State Institutions whose authority is granted by the Constitution, (3) decide upon the dissolution of political parties, (4) and decide upon disputes about the results of general elections. The obligations, namely the Constitutional Court is obliged to give a decision on the opinion of the House of Representatives regarding the alleged violation by the President and / or Vice President. Beyond the specified authority, the Constitutional Court has increased its authority to test the Substitute Government Regulations. The research method used in this study is a type of normative legal research that is a literature study or documentary, by examining theories, concepts and legal principles. The results of this study found that there is indeed no rule that gives the Constitutional Court authority to test regulation in lie of law, but the Constitutional Court has the consideration that the legal norms contained in the Perppu are the same as the Law. The results of this study are that the interpretation used by constitutional justices to test Perppu is a teleological and sociological interpretation.Keywords: Interpretation; Test; PERPPU; Constitutional Court.

scholarly journals KEWENANGAN PIMPINAN PARTAI POLITIK DALAM PENGUSULAN PEMBERHENTIAN ANGGOTA DPR TERKAIT TINDAK PIDANA KORUPSI

2017 ◽  
Vol 5 (4) ◽  
pp. 694
Author(s):  
Bambang Budiyanto
Keyword(s):  
Political Parties ◽  
Judicial Review ◽  
House Of Representatives ◽  
Precautionary Measure ◽  
Legal Norms ◽  
Members Of Parliament ◽  
Study Results ◽  
The Status ◽  
Strategic Role ◽  
Democratic Country

Political parties have a strategic role in a democratic country. Indonesian 1945 Constitution regulates the status of political parties in the state life in Indonesia. Political parties are the only organization that can become participants in the elections and nominate candidates to fill political positions. One of the authorities of political parties is to nominate candidates of legislators both at the central and regional levels. In addition to nominating candidates for members of Parliament, political parties also have the authority to dismiss members of political parties in the Parliament. Departing from this issue, this study discusses two main problems related to the authority of political parties against the dismissal of the members of the House of Representatives in Indonesia as well as on construction of the arrangements for the provision of dismissal of members of parliament tied to corruption. This research was conducted with the use of normative legal research conducted through an analysis of the norms of the legislation. The study results show that political parties have a very important role in democracy and running the country. In addition to the authority of nominating candidates to fill political positions in the executive and legislative, political parties are also given the authority to replacement and dismissal of members of the House of Representatives. Related to the dismissal of members of the party sitting in Parliament, the political parties should set very important conditions such as the problem of corruption. This serves as a precautionary measure and efforts to realize corruption-free state officials, because corruption has a very serious impact on the life of the nation. Thus the judicial review provided for in Article 16 of Law No. 2 of 2011 concerning the Amendment Act No. 2 of 2008 on Political Parties needs to be done, and then revised. This is to fill the void of legal norms tied to provisions of the dismissal of members of political parties in the House of Representatives due to corruption.Partai politik mempunyai peran strategis dalam negara demokrasi. UUD NRI 1945 telah mengatur kedudukan partai politik dalam kehidupan bernegara di Indonesia. Partai politik adalah satu-satunya organisasi yang dapat menjadi peserta pemilu dan mengajukan calon untuk mengisi jabatan-jabatan politik. Salah satu kewenangan partai politik adalah mengajukan calon anggota DPR baik di pusat maupun di daerah. Selain mengajukan calon anggota DPR, partai politik berwenang memberhentikan anggota partai politik yang duduk di DPR. Bertolak dari hal tersebut, penelitian ini membahas dua pokok permasalahan yaitu yang berkaitan kewenangan pimpinan partai politik dalam mengusulkan pemberhentian anggota DPR terkait tindak pidana korupsi serta tentang konstruksi pengaturan  terhadap ketentuan pemberhentian anggota DPR terkait tindak pidana korupsi. Penelitian ini dilaksanakan dengan menggunakan penelitian hukum normatif yang dilakukan melalui analisis terhadap norma dalam peraturan perundang-undangan. Berdasarkan hasil penelitian ini bahwa partai politik mempunyai peran sangat penting dalam demokrasi dan penyelenggaaraan negara. Selain diberikan kewenangan untuk mengajukan calon-calon untuk mengisi jabatan-jabatan politik di eksekutif dan legislatif, partai politik juga diberikan kewenangan untuk melakukan pergantian dan pemberhentian anggota DPR. Terkait dengan pemberhentian anggota partai yang duduk di DPR seharusnya mengatur ketentuan yang sangat penting seperti masalah korupsi. Hal ini sebagai langkah pencegahan dan dalam upaya mewujudkan penyelenggara negara yang bebas KKN, sebab korupsi mempunyai dampak sangat serius dalam kehidupan berbangsa dan bernegara. Dengan demikian judicial review dalam ketentuan Pasal 16 UU No. 2 Tahun 2011 tentang Perubahan Atas Undang-Undang Nomor 2 Tahun 2008 tentang Partai Politik perlu dilakukan, yang selanjutnya dilakukan direvisi. Hal ini untuk mengisi kekosongan norma hukum terkait ketentuan pemberhentian anggota partai politik di DPR yang disebabkan tindak pidana korupsi.

scholarly journals Antinomi Kewenangan Mahkamah Konstitusi dalam Menguji Peraturan Pemerintah Pengganti Undang-Undang

2020 ◽  
Vol 2 (1) ◽  
pp. 1-11
Author(s):  
Muhammad Taufiq Hafid ◽  
Willy Talentaniko ◽  
Yudi Pratama Tanjung
Keyword(s):  
House Of Representatives ◽  
Government Regulation ◽  
Legal Status ◽  
Constitutional Court ◽  
Legal Norms ◽  
The Law ◽  
Legal Consequences

Government Regulation a Substitute for laws (Perppu) is president right to regulate something in terms of compelling urgency. Perppu issued by the president must be immediately determined by the House of Representatives to be declared rejected or accepted. Article 24C Constitution of Republic Indonesia 1945 stipulates that authority of Constitutional Court is to only examine the law against Constitution of Republic Indonesia 1945, not the Perppu. However, Constitutional Court through decision No. 138/PUU-VII/ 2009 states that the Constitutional Court has authority to examine  Perppu against  Constitution of Republic Indonesia 1945. The Perppu made by president make a new of legal norms that give rise to new legal status, new legal relationships and new legal consequences. Constitutional Court interprets that norms contained in Perppu are as binding as norms in the law. In conducting tests, Constitutional Court does not distinguish between formal and material laws.

Maxims of Foreign Policy

Itinerario ◽  
2000 ◽  
Vol 24 (2) ◽  
pp. 62-79
Author(s):  
W.J. Boot
Keyword(s):  
Foreign Policy ◽  
Sixteenth Century ◽  
Foreign Relations ◽  
East Asian ◽  
Modern Period ◽  
Cultural Sphere ◽  
Japanese Identity

In the pre-modern period, Japanese identity was articulated in contrast with China. It was, however, articulated in reference to criteria that were commonly accepted in the whole East-Asian cultural sphere; criteria, therefore, that were Chinese in origin.One of the fields in which Japan's conception of a Japanese identity was enacted was that of foreign relations, i.e. of Japan's relations with China, the various kingdoms in Korea, and from the second half of the sixteenth century onwards, with the Portuguese, Spaniards, Dutchmen, and the Kingdom of the Ryūkū.

Silence of the Land: On the Historical Irrelevance of Territory to Congressional Districting and Political Representation in the United States

2001 ◽  
Vol 15 (01) ◽  
pp. 53-87 ◽  
Author(s):  
Andrew Rehfeld
Keyword(s):  
United States ◽  
House Of Representatives ◽  
Political Representation ◽  
The United States ◽  
Representative Government ◽  
Congressional District ◽  
Congressional Districts ◽  
Communities Of Interest

Every ten years, the United States “constructs” itself politically. On a decennial basis, U.S. Congressional districts are quite literally drawn, physically constructing political representation in the House of Representatives on the basis of where one lives. Why does the United States do it this way? What justifies domicile as the sole criteria of constituency construction? These are the questions raised in this article. Contrary to many contemporary understandings of representation at the founding, I argue that there were no principled reasons for using domicile as the method of organizing for political representation. Even in 1787, the Congressional district was expected to be far too large to map onto existing communities of interest. Instead, territory should be understood as forming a habit of mind for the founders, even while it was necessary to achieve other democratic aims of representative government.

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