scholarly journals KEDUDUKAN MAHKAMAH KONSTITUSI SEBAGAI LEMBAGA NEGARA BERDASARKAN UNDANG-UNDANG DASAR 1945

Solusi ◽  
2019 ◽  
Vol 17 (2) ◽  
pp. 94-105
Author(s):  
Johansyah Johansyah

The Constitutional Court is the executive branch of the judiciary that is independent and separate from other branches of power, namely the government (executive) and legislative institutions. The Constitutional Court as a first and last level judiciary does not have an organizational structure as large as the Supreme Court which is the peak of a judicial system whose structure is vertically and horizontally covers five judicial environments, namely the general court environment, the state administrative court environment, the religious court environment, and military court environment. As an organ of judicial power that operates the judicial function, the Constitutional Court is independent, both structurally and functionally. The functions and authorities of the Constitutional Court based on Law No. 24 of 2003, namely the Constitutional Court has the authority to hear: Test the laws against the Republic of Indonesia 1945 Constitution; Decide on authority disputes between state institutions whose authority is granted by the Republic of Indonesia 1945 Constitution; Decide the dissolution of political parties; Decide disputes about election results; Give a verdict on the opinion of the House of Representatives that the President and / or Vice-President are suspected of violating the law in the form of treason, corruption, bribery, other serious crimes, or despicable acts, or no longer fulfill the conditions as President and or Vice President, as intended in the Republic of Indonesia 1945 Constitution.

2018 ◽  
Vol 54 ◽  
pp. 01001
Author(s):  
Budiman N.P.D Sinaga ◽  
Sahat H.M.T Sinaga

In the 1945 Constitution of the Republic Indonesia, there is an order to further regulate in the Law such as the general election that has been enacted Law No. 7/ 2017 on General Election. In its Law, the results of the general election is merely a dispute over the result of the general election regarding the determination of the vote which may affect the election participants’ seats and the President and Vice President election results. The objective of this paper is to find out the legal consequences of the provisions of the law which reduce the authority of state institutions that have been regulated in the 1945 Constitution. The approach of this research is status approach that will be used by examining the laws and regulations relating to the problem. The provisions of the Law on General Elections can be said to have reduced the authority of the Constitutional Court granted the Constitution. There should be strong grounds for an amendment to this provision it can be done immediately by the House of Representatives and the President. Testing by the Constitutional Court may be done but it is better through changes by the House of Representatives and the President.


2016 ◽  
Vol 6 (1) ◽  
pp. 75
Author(s):  
Tri Mulyani

<p>Negara Indonesia adalah Negara hukum, artinya bahwa negara yang menempatkan hukum sebagai dasar kekuasaan negara dan penyelenggaraan kekuasaan tersebut dalam segala bentuknya dilakukan di bawah kekuasaan hukum. Sifat dari negara hukum hanya dapat ditunjukkan apabila alat-alat perlengkapan negara yaitu lembaga-lembaga negara bertindak menurut dan terikat kepada aturan-aturan yang telah ditetapkan. Lembaga Tinggi Negara yang dimaksud dalam penelitian ini adalah Lembaga Tinggi Negara yang nama, fungsi dan kewenanganya dibentuk berdasarkan Konstitusi atau Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 yaitu: Presiden dan Wakil Presiden, Majelis Permusyawaratan Rakyat, Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, Mahkamah Agung, Mahkamah Konstitusi, dan Badan Pemeriksa Keuangan. Sehubungan dengan dasar pembentukan Lembaga Tinggi Negara adalah Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, dan telah mengalami amandemen 4 kali maka struktur dan hubungan mereka dalam menjalakan tugas pemerintahan dari sebelum dan sesudah amandemen tentunya juga mengalami perubahan. Dengan pendekatan <em>yuridis normatif</em>, dan uraian yang diskriptif analisis, ditemukan jawaban bahwa struktur lembaga negara beserta hubungan diantara lembaga negara telah mengalami pergeseran setelah dilakukan amandemen. Pada dasarnya hubungan diantara lembaga negara tidak banyak mengalami perubahan. Namun perubahan itu justru tampak dalam struktur lembaga negaranya. Sebelum amandemen struktur lembaga negara terdiri dari MPR sebagai lembaga tertinggi, Presiden, DPR, DPA, BPK dan MA. Namun setelah dilakukan amandemen lembaga negara berkembang yaitu MPR, DPR, DPD, Presiden, MA, MK, dan BPK. Perbedaanya ada dipoint pengapusan istilah lembaga tertinggi, sehingga semua menjadi lembaga tinggi negara.</p><p> </p><p class="Default"><em>Indonesia is a country of law, meaning that the country as the law is the basis of state power and the implementation of the power in all its forms is done under the rule of law. The nature of the state law can only be shown if the scientific equipment is state state institutions and bound to act according to the rules that have been set. State Agency referred to in this research is the State Agency name, function and an arbitrary set up under the Constitution or the Constitution of the Republic of Indonesia Year 1945, namely: President and Vice-President, People's Consultative Assembly, the House of Representatives, Regional Representatives Council, The Supreme Court, the Constitutional Court, and the Supreme Audit Agency. In connection with establishing the State Agency is the Constitution of the Republic of Indonesia Year 1945, and has undergone amendments 4 times the structures and their relationship to run the task of the government before and after the amendment would also change. With normative juridical approach, and a description of the descriptive analysis, found the answer that the structure of state institutions as well as the relationship between the state institutions have experienced a shift after the amendment. Basically the relationship between the state institutions has not changed much. But it is precisely looked into the institutional structure of the country. Prior to the amendment of the structure of state institutions consist of the Assembly as the highest institution, President, Parliament, DPA, BPK and MA. However, after the amendment of the developing state institutions, namely the MPR, DPR, DPD, President, Supreme Court, Constitutional Court, and the CPC. No difference dipoint term elimination highest institution, so all became state institutions. </em></p><p class="Default"><em> </em></p>


2019 ◽  
Vol 4 (2) ◽  
pp. 97
Author(s):  
Anwar Hafidzi ◽  
Panji Sugesti

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.


2020 ◽  
Vol 3 (1) ◽  
pp. 105-119
Author(s):  
Zuhro Nuridahwati

The Constitutional Court is within the scope of the Judicial Power and occupiesa strategic position in the Indonesian constitutional structure. MK as one of the stateinstitutions that was born from the reformation in 1998. MK as a judicial institution hasa very important and strategic task, said to be the sole interpreter of the Republic ofIndonesia's state constitution. Article 24C paragraph (1), of the 1945 Constitution of theRepublic of Indonesia, the Constitutional Court has the authority to adjudicate at the firstand last level the final decision to review the law against the Constitution, to decide ondisputes over the authority of state institutions whose authority is granted by theConstitution, to decide upon the dissolution of parties politics, and decide upon disputesabout the results of general elections. The results of the study and analysis, the provisionsof the 1945 Constitution of the Republic of Indonesia and Law Number 24 Year 2003,found legal issues that become legal problems faced by the Constitutional Court, arerelated to their position, competence, and form of decisions, which often makes legalcertainty uncertain or absurd, and conflicts norm, it is very interesting to be studied as acentral theme of the dissertation. Understanding the Position, indicating the position anddegree of the Constitutional Court between state institutions and between the SupremeCourt and the Constitutional Court, while competency shows the competency boundarybetween the Constitutional Court and the Supreme Court, which has attributie authority,first and foremost authority, born from the format of the government system and thedistribution of state power . Attributie authority as the first and main center forresponsibility and at the same time the basis of delegating authority in the form of delegatie.


2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.


2020 ◽  
Vol 4 (2) ◽  
pp. 118-127
Author(s):  
H Muhamad Rezky Pahlawan MP

Impeachment is an accusation or indictment of the President or another country's high officials from his position. Impeachment is not new in the history of Indonesian constitution, but the change in the Constitution has caused a change in the constitutional system as well as related to the mechanism of the dismissal of the President and / or Vice President. how is the Impeachment reviewed globally, the history of impeachment in Indonesia and the implementation of impeachment in other countries, the impeachment process of the president according to the 1945 Constitution of the Republic of Indonesia. The process of impeachment in Indonesia after changing the constitution goes through three stages, namely impeachment in the House of Representatives, the Court The Constitution, and the People's Consultative Assembly. Keywords: Impeachment, Constitutional Court, Government


2019 ◽  
Author(s):  
Fahri Bachmid ◽  
Said Sampara ◽  
La Ode Husen

This study examined the rights of the constutional court’s decision on the house of representative’s representatives about on the president prospective and/ or the president’s vice private vocational school by the state basic state of the Republic of Indonesia year 1945. The purpose of this study is to find out the mechanism of the Constitutional Court in examining, adjudicating and deciding the opinion of the People's Legislative Assembly that the President and / or Vice President have violated the law in the form of treason against the state, corruption, bribery, other serious criminal acts, disgraceful acts, and / or the opinion that the president and / or the vice president no longer meets the requirements as President and / or Vice President. And also To find out the decision of the Constitutional Court as a binding judicial institution on the opinion of the House of Representatives followed up by the MPR as a political institution that the President and / or Vice President has violated the law in the form of treason, corruption, bribery, other serious crimes, disgraceful acts and / or the opinion that the president and / or vice president no longer fulfill the requirements as President and / or Vice President.


2017 ◽  
Vol 9 (2) ◽  
pp. 95
Author(s):  
Muhammad Yusrizal Adi Syaputra

Rule lower against the rules of higher then lower regulation it can test the material (judicial review) to be canceled entirely or partially canceled. The assertion of hierarchy intended to prevent overlap between legislation that could give rise to legal uncertainty. Position regulations set by the People's Consultative Assembly (MPR) House of Representatives (DPR), the Regional Representatives Council (DPD), the Supreme Court (MA), the Constitutional Court (MK), the Supreme Audit Agency (BPK), Commission Judicial (KY) , Bank Indonesia (BI), the Minister, the Agency, Organization, or commissions, in the Indonesian legal system recognized by Act No. 12 of 2011 either were born because of higher regulatory mandate and within the scope and authority of the minister. Thus, no doubt that the regulations set by state institutions, have binding force that must be obeyed by the parties set forth therein. While the Regulations issued policy also recognized as an Freies Ermessen in the execution of its duties and functions.<br /><br />


Jurnal Hukum ◽  
1970 ◽  
Vol 26 (2) ◽  
pp. 612
Author(s):  
Widayati

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


Author(s):  
Gita Santika Ramadhani, Suteki ◽  

The implementation of direct regional head elections in the regions often raises disputes regarding the determination of the results of the vote. Efforts made by candidates who are dissatisfied with this determination are to submit a cancellation to the judicial institution. The update on the system for resolving the election results was carried out by the government to overcome this problem, namely the Government Regulation in Lieu of Law No. 1 of 2014. Problems discussed in this study include: how the dispute resolution mechanism was issued before the regulation, what updates are contained in the regulation how to achieve effective and fair election outcome dispute resolution. This study is a normative legal research that is descriptive in nature using a legal and analytical approach. Based on the results of the study, it can be concluded that the fundamental renewal lies with the institution authorized to handle, namely from the Constitutional Court to the High Court appointed by the Supreme Court. The author recommends that the renewal must be supported by technical regulations to ensure effectiveness and fulfill a sense of justice. Based on this research, the results show that the dynamics of the shifting of dispute resolution authority over the election results are influenced by the decision of the MK opened legally policy and the background of certain events. Namely: the problem of bribery that ensnares the judge, decisions that are considered controversial, case accumulation, and unpreparedness of institutional structure and infrastructure. Regarding the threshold requirements as a condition for receiving a dispute over a dispute over the results of a regional election, it has not yet supported the fulfillment of electoral / election justice. Because it has the potential to ignore aspects of substantive justice, mainly because it does not make the facts of the violations structured, systematic and massive (TSM) as a variable in examining cases. This neglect is not in line with one of the universally adopted principles of law and justice, which states that no one can benefit from irregularities and violations committed by himself and no one may be harmed by irregularities and violations committed by others (nullus / nemo commodum capere potes de injuria sua propria).


Sign in / Sign up

Export Citation Format

Share Document