scholarly journals Hak Mantan Narapidana Menjadi Calon Kepala Daerah Terhadap Putusan Mahkamah Kontitusi Nomor: 56/PUU-XVII/2019

2020 ◽  
Vol 1 (2) ◽  
pp. 253-267
Author(s):  
Mastura Mastura ◽  
Said Sampara ◽  
Nurul Qamar
Keyword(s):  
Court Decision ◽  
Constitutional Court ◽  
Equal Rights ◽  
Waiting Period ◽  
The Public ◽  
Former Prisoners ◽  
The Law ◽  
The Right ◽  
Research Type

Penelitian bertujuan untuk menganalisis dari putusan Mahkamah Konstitusi Nomor 56/PUU-XVII/2019 terhadap hak mantan narapidana menjadi calon kepala daerah. Penelitian ini adalah meggunakan tipe penelitian Hukum Normatif. Hasil penelitian ini menyimpulkan bahwa: 1) pertimbangan hukum majelis hakim dalam Putusan mahkamah Konstitusi Nomor: 56/PUU-XVII2019 untuk menjadi calon kepala daerah dengan syarat setelah mejalani masa tunggu selama 5 tahun sejak di bebaskan serta terbuka dan jujur mengemukakan kepada publik bahwa yang bersangkutan mantan narapidana. Atas dasar itu Mahkamah Konstitusi memberikan hak kepada mantan narapidana untuk mencalonkan diri menjadi kepala daerah. 2) hak mantan narapiana untuk mencalonkan diri dalam pemilihan kepala daerah dalam putusan MK telah mengembalikkan hak-hak mantan narapidana yakni hak untuk ikut berpartipasi dalam politik dan hak yang sama dihadapan hukum. The research aims to analyze the decision of the Constitutional Court Number 56 / PUU-XVII / 2019 on the rights of ex-convicts to become candidates for regional head. This research is to use the Normative Law research type. The results of this study conclude that: 1) the legal considerations of the panel of judges in the Constitutional Court Decision Number: 56 / PUU-XVII2019 to become a candidate for regional head with the conditions after undergoing a waiting period of 5 years since being released and openly and honestly telling the public that the person concerned ex-convict. On that basis, the Constitutional Court gives the right to ex-convicts to run for regional head. 2) The right of former prisoners to run for regional head elections in the Constitutional Court decision has restored the rights of former prisoners, namely the right to participate in politics and equal rights before the law.

scholarly journals Implementation of Extraordinary Review (Pk) For the Public Prosecutors after the Decision of the Constitutional Court Number 33/Puu-Xiv/2016

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Rahmadianto Andra ◽  
Keyword(s):  
Criminal Procedure ◽  
Court Decision ◽  
Public Prosecutor ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legal Principles ◽  
The Public ◽  
Legal Remedies ◽  
Procedure Code ◽  
The Right

The background of this paper is inspired and triggered to observe and study the legal uncertainty between the public prosecutor and the convict/his heirs regarding the authority to submit a PK Application as regulated in Article 263 paragraph (1) of the Criminal Procedure Code. The article states "the right of the public prosecutor" to apply for a PK application. However, what is expected by the Petitioner's wife is that Article 263 paragraph (1) of the Criminal Procedure Code can be interpreted in this way, "PK applications can only be filed by the convicted person or their heirs". This condition was exacerbated by the issuance of the Constitutional Court decision Number 33/PUU-XIV/ 2016 regarding "the right of the public prosecutor to file a PK application in a criminal case". This study aims to determine the application of extraordinary legal remedies by the public prosecutor and the implications of implementing these extraordinary remedies. The research method used is normative legal research. The results showed the application of extraordinary PK legal remedies for the public prosecutor after the Constitutional Court decision Number 33/PUU-XIV/2016, had direct implications for the Petitioner and his family. This implication is detrimental to the Petitioners' constitutional rights based on Article 28G of the 1945 Constitution because the protection of personal, family, honor and dignity has clearly been lost. It is better if the Constitutional Court reaffirms the legal principles in the article through constitutional interpretation which is an integral part that is not separate from the article in question and is able to provide fair legal certainty.

ZINA DAN GERAKAN LGBT: QUO VADIS KEBIJAKAN HUKUM PIDANA (PENAL POLICY) DALAM PENYELAMATAN MORALITAS BANGSA (Anotasi Putusan Mahkamah Konstitusi Nomor 26/PUUXIV/2016) / ADULTERY AND LGBT MOVEMENT: QUO VADIS PENAL POLICY FOR SAVING MORAL NATIONS (Annotation of Constitutional Court Decision Number 26/PUUXIV/2016)

2018 ◽  
Vol 7 (2) ◽  
pp. 263
Author(s):  
Jazim Hamidi ◽  
Lukman Nur Hakim
Keyword(s):  
House Of Representatives ◽  
Court Decision ◽  
Constitutional Court ◽  
Penal Policy ◽  
The Public ◽  
Immoral Behavior ◽  
Bisexual And Transgender ◽  
Quo Vadis ◽  
The Right ◽  
Lgbt Movement

Lesbian, Gay, Biseksual, dan Transgender sudah menjadi sebuah gerakan berbahaya, akan tetapi belum ada norma hukum yang mengatur tentang perilaku asusila tersebut, Pentingnya sanksi terhadap pelaku zina dan LGBT merupakan bentuk ketegasan negara dalam melindungi moral dan ideologi Nusantara dari faham berbahaya, akan tetapi Mahkamah Konstitusi menolak Permohonan tersebut karena pemidanaan pelaku zina, baik strafsoort maupun strafmaat, dan perilaku asusila lesbian, gay, biseksual, dan transgender memerlukan pembentukan norma baru, sehinggga menjadi Kebijakan hukum pidana (Penal policy). Kewenangan tersebut bukan merupakan kewenangan Mahkamah Konstitusi, akan tetapi menjadi hak Pembentuk Undang-Undang yaitu DPR bersama Presiden. Tulisan ini merupakan Anotasi atas Putusan Mahkamah Konstitusi Nomor 26/PUUXIV/2016 yang memberikan penjelasan kepada masyarakat adanya Quo Vadis Kebijakan hukum pidana (Penal policy) dalam putusan Mahkamah Konstitusi tersebut.Lesbian, Gay, Bisexual, and Transgender are becoming a dangerous movement, yet there is no legal norm governing this immoral behavior. The sanctions importance towards adultery and LGBT perpetrators is a form of state assertiveness in the conservation of the moral and ideology from dangerous movement. Meanwhile, the Constitutional Court rejected the request by the argumentation which is that punishment of adultery, both strafsoort and strafmaat, and Lesbian, Gay, Bisexual, and Transgender needs a new norm to a penal policy. The authority is not the authority of the Constitutional Court, but it is the right of the Acting Legislator, namely the House of Representatives together with the President. This paper is an Annotation of Open Law Policy of Constitutional Court Decision 26 / PUUXIV / 2016 that provides an explanation to the public about Quo Vadis of Open law policy in the Constitutional Court decision.

scholarly journals PENCABUTAN HAK MEMILIH DAN DIPILIH DALAM JABATAN PUBLIK TERHADAP NARAPIDANA TINDAK PIDANA KORUPSI

2019 ◽  
Vol 1 (2) ◽  
pp. 164-176
Author(s):  
Muhammad Salam Amrullah
Keyword(s):  
Descriptive Analysis ◽  
Research Result ◽  
Secondary Data ◽  
Deterrent Effect ◽  
Constitutional Court ◽  
The Public ◽  
Qualitative Descriptive ◽  
Right To Vote ◽  
The Law ◽  
The Right

Revocation of the right to vote and be elected in public office as an additional penalty applied to the defendant allows corruption cases. This research aimed (1) to investigate and analyze the relevance of the annulment of the vote right for the public position election of the corruption prisoners as seen from the perspective of the criminal aims; and (2) to investigate and analyze the factors effecting the annulment of the vote rights for the public positions  of the corruption prisoners. The research was conducted in Jakarta city by choosing the institutions relevant to the problem s of this thesis; they were the corruption eradication commission (KPK), Jakarta first thesis instance court, constitutional court, and the supreme court. The method used was the empirical study of the normative law. The nature of the research was descriptive using the primary and secondary data collected from the documents and interview techniques as well as reading the materials related to the exixting problems. The collected data were the analyzed using the qualitative descriptive analysis. The research result revealed that the imposition of the right to vote and to be voted for the public positions as the additional penalty was considered relevant to the purpose of the punishment,  I,e. to give retaliation and deterrent effect against the perpetrators of corruption. The law enforcement continued to expect that this additional punishment could prevent further corruption actions in the future. The factors effecting the implementation of the annulment of the right to vote and be voted for the public positions were already stated  clearly in the  law No. 31 of 1999 about the amendment of the criminal action corruption Jo the law  No. 20 of 2001 about the amendment of the law No. 31 of 1999 about the eradication of the corruption criminal  action, and the code of criminal law. As for its legal material, the conditions and mechanism of the annulment of the right to vote and be voted for public positions should be stated more clearly.

scholarly journals TRANSFER OF UNDERTAKINGS PROTECTION OF EMPLOYMENT (TUPE) DALAM PERJANJIAN OUTSOURCING

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 335
Author(s):  
Muhammad Johar Fathoni
Keyword(s):  
Service Provider ◽  
Court Decision ◽  
Constitutional Court ◽  
Employment Service ◽  
Labor Agreement ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
The Right

Transfer of Undertaking Protection of Employment Based on Constitutional Court Decision Number 27/PUU-IX/2011, there are two models that must be fulfilled in outsourcing agreement, that is First, by requiring for agreement between worker and company conducting work outsourcing does not take the form of a certain time labor agreement (PKWT), but is in the form of an indefinite time agreement (PKWTT). The consequences of termination of contract for the Employment Service Provider who laid off his employees for the law, the employer shall be entitled to grant the right to his employees in accordance with the Manpower Act, Kepmenaker No. Kep. 150/Men/2000 on the Settlement of Termination of Employment and Stipulation of Severance, Money of Work and Indemnification. Then the government also stipulates the Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia no. Kep. 76/Men/2001 on Amendment to several articles of Minister of Manpower Decree no. Kep. 150 / Men / 2000 on the Settlement of Termination of Employment and Stipulation of Severance, Money of Work and Indemnification at the Company.

Notes: ‘Observations’ on the State Capture judgment

2021 ◽  
Vol 138 (3) ◽  
pp. 477-500
Author(s):  
Michael Tsele
Keyword(s):  
South Africa ◽  
Case Law ◽  
The State ◽  
Controversial Issue ◽  
Court Decision ◽  
Constitutional Court ◽  
High Court ◽  
The Public ◽  
State Capture ◽  
The Law

This note concerns a controversial issue that has, surprisingly, received limited academic interrogation: whether the Public Protector has the power to instruct the President of South Africa to appoint a commission of inquiry. In this respect, I critique a high court decision which answered the question in the affirmative. I contend that the judgment contradicts prior case law, including Constitutional Court precedent. Thus, I argue that the court misconstrued the law on the President’s powers, particularly when it concluded that those powers are not purely discretionary but entail ‘responsibilities’ which are ‘coupled with a duty’. This reasoning led the court to conclude that the President thus has a constitutional ‘obligation’ to appoint a commission. In summary, I take issue with the court’s conclusion that the Public Protector has the power to instruct the President to appoint a commission of inquiry. I conclude that the decision caused uncertainty on the limitations of the Public Protector’s powers. I further say it is questionable whether the commission, better known as the ‘State Capture’ commission, was established lawfully.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK AKIBAT PERCERAIAN ORANG TUA

2017 ◽  
Vol 6 (2) ◽  
pp. 200
Author(s):  
Putu Sauca Arimbawa Tusan
Keyword(s):  
Legal Protection ◽  
Court Decision ◽  
Direct Result ◽  
Child Victims ◽  
The Law ◽  
The Government ◽  
The Right ◽  
The Impact ◽  
Research Type

Legal protection is the right of every citizen including the right for children. All citizens are equal before the law and government and shall abide by the law and the government without any exception. The state should make laws as commander in safeguarding the implementation of national and state life. Every child has the right to live, grow and develop and are entitled to protection and violence and discrimination. Divorce cases in particular Denpasar Bali every year showed an increase. It is necessary to get the attention of the parties concerned, because of the impact of divorce experienced by children can be felt directly by the children themselves. Children become victims direct result of his parents' divorce. The judiciary has an important role to ensure the rights of children through a court decision. Judges who hear cases of divorce may consider in its decision to regulate the rights of children whose parents did divorce. This research with the normative methods research type, which aims to provide a clear picture of the setting and the role of judges in providing legal protection for child victims of divorce. Perlindungan hukum merupakan hak bagi setiap warga negara termasuk juga hak bagi anak. Segala warga negara bersamaan kedudukannya di dalam hukum dan pemerintahan dan wajib menjunjung hukum dan pemerintahan itu dengan tidak ada kecualinya. Negara harus menjadikan hukum sebagai panglima dalam mengawal penyelenggaraan kehidupan berbangsa dan bernegara. Setiap anak berhak atas kelangsungan hidup, tumbuh dan berkembang serta berhak atas perlindungan dan kekerasan dan diskriminasi. Kasus perceraian di Bali khususnya kota Denpasar setiap tahunnya memperlihatkan adanya peningkatan. Hal ini perlu mendapatkan perhatian oleh pihak terkait, karena dampak perceraian yang dialami anak dapat dirasakan langsung oleh anak itu sendiri. Anak menjadi korban langsung akibat perceraian orang tuanya. Lembaga peradilan mempunyai peranan penting untuk menjamin hak-hak anak lewat putusan pengadilan. Hakim yang memeriksa perkara perceraian misalnya dapat mempertimbangkan dalam putusan nya untuk mengatur tentang hak-hak anak yang orang tuanya melakukan perceraian. Penelitian ini menggunakan metode penelitian hukum normatif, yang bertujuan untuk memberikan gambaran yang jelas tentang pengaturan dan peranan hakim dalam memberikan perlindungan hukum bagi anak korban akibat perceraian.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Implication Juridical Decision of The Constitutional Court No. 18/PUU-XVII/2019 Concerning Wanprestasi In the Fiducia Agreement

2021 ◽  
Vol 3 (1) ◽  
pp. 12-21
Author(s):  
Soleh Hasan Wahid ◽  
Harum Mudrikah Mahsun
Keyword(s):  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Literature Study ◽  
Breach Of Contract ◽  
Library Research ◽  
Security Holder ◽  
Approach Method ◽  
Data Collection Technique ◽  
Research Type

The purpose of this paper is to criticize the Constitutional Court Decision Number 18 / PUU-XVII / 2019, which determines that the phrases "executorial power" and "are the same as court decisions having permanent legal force" in Article 15 paragraph (2) of Law Number 42 of 1999 concerning The Fiduciary Guarantee contradicts the 1945 Constitution. From the norms contained in this article, there is a power of execution that the fiduciary security holder can carry out (creditors), which then causes many problems, both related to the constitutionality of norms and implementation. Thus, the authors question two things, first how is the juridical analysis of the Constitutional Court decision No. 18 / PUU-XVII / 2019 regarding breach of contract in the fiduciary agreement? Second, what is the juridical implication of MK Decision No. fiduciary? The writer's research type is library research, a literature study (library research) with a descriptive qualitative research type. The data collection technique used was documentation techniques, and the approach method used in this study was juridical normative. The results of this study conclude that 1) The Constitutional Court's decision has not provided a sense of justice as in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution, because in this Constitutional Court decision gives more exclusive rights to the debtor because in this case, the creditor does not get legal protection rights in the event of undesirable things (2) This decision has implications for various parties, namely the Court, which now often receives requests for execution and the process will be lengthy, for notaries must add and clarify default clauses in detail. For business people whose creditors (fiduciary recipients) cannot carry out unilateral execution of the object of fiduciary security but must submit a request for performance to the Court. There is a concern that lousy faith will occur from the community's debtor when the creditor is submitting a request for execution to the Court.

RIGHT OF ACTION TO CHALLENGE TRANSACTIONS THAT RESULT IN FOREIGN INVESTORS GAINING CONTROL OVER BUSINESS ENTITIES OF STRATEGIC IMPORTANCE

2021 ◽  
Vol 11 (4) ◽  
pp. 112-138
Author(s):  
D.A. FEDYAEV
Keyword(s):  
Public Interest ◽  
Developed Countries ◽  
Foreign Investor ◽  
Foreign Investors ◽  
The Public ◽  
Right Of Action ◽  
Judicial Proceedings ◽  
The Law ◽  
Business Entities ◽  
The Right

In the Russian Federation, as in a number of other economically developed countries, there are legal restrictions on the admission of foreign investors to participate in commercial corporate organizations of strategic importance for national defence and state security. Failure by foreign investors to comply with this mechanism leads to the nullity of transactions and, as a consequence, to legal disputes, the subject of which are mainly restitution claims. There have been numerous problems and academic debates in recent court practice regarding the reasons and the possibility of satisfying such claims. In particular, in view of the changed circumstances after the conclusion of the contested transaction, the real public interest is not always visible pursued by the claim for application of consequences of its invalidity. The author proposes that in the course of judicial proceedings in such cases, when the defendant raises the relevant reasoned objections, not only to state the fact of violation of the law by a foreign investor, but also to reveal the public interest defended by the foreign investor. The author proposes that, in such cases, the defendant’s arguments should not be limited to stating that the foreign investor has breached the law. If one is not established, a claim may be dismissed under certain conditions, taking into account established doctrinal approaches to the understanding of the right of action.

scholarly journals Primary law in medicine, its legal nature

2018 ◽  
Vol 40 ◽  
pp. 01002
Author(s):  
K. Zarins
Keyword(s):  
Supreme Court Decision ◽  
Court Decision ◽  
Constitutional Court ◽  
Right To Life ◽  
Economic Interests ◽  
Economic Opportunities ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Right

Thework will discuss the problems arising from the thesis that the economic opportunities are incompatible with the person's primary law - the right to life and equality of treatment. An actively maintained hypothesis claims that the country's economic opportunities and funding should not restrict or reduce a person's right to life and health. In this aspect, it will also study the role of the constitutional court. The author points to the fact that the adoption of such, here the Supreme Court decision, successive constitutional court for a preliminary inaccurate claim and interpretation of the country's economic interests, could deny the right of people to life only after the consideration that they are of no use and financially expensive to be maintained.

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