Constitutionale最新文献

The Gap in the National Leadership Recruitment Law By Post Reform Political Parties in Indonesia 印尼改革后政党在《国家领导人招聘法》方面的差距

Constitutionale Pub Date : 2023-12-21 DOI: 10.25041/constitutionale.v4i2.3135

Mr Masduki

{"title":"The Gap in the National Leadership Recruitment Law By Post Reform Political Parties in Indonesia","authors":"Mr Masduki","doi":"10.25041/constitutionale.v4i2.3135","DOIUrl":"https://doi.org/10.25041/constitutionale.v4i2.3135","url":null,"abstract":"Democratic States generally elect a National Leadership to lead a State through the General Election process. In Indonesia itself, post-reform, to determine the position of replacing the National Leadership using the General Election system as stipulated in the constitution with the principles of direct, general, free, secret, honest, and fair which are held every 5 years. Before being elected, the National Leadership in Indonesia must be carried out by political parties in order to become the main spearhead of the people in a Democratic State. However, in determining candidates for National Leadership, it is necessary to carry out recruitment organized by political parties to adjust the vision and mission of political parties and according to the interests and needs of the people. However, there are legal loopholes in the recruitment process for political parties which will have legal ramifications for Indonesia's democratic system. This study uses a normative legal method, with a statutory approach and literature study. This study concludes that there were various legal loopholes contained in the Political Party Law which then collided with the System for Supporting National Leadership Candidates listed in the Election Law which resulted in a regradation of the nature of democracy in Indonesia. Therefore it is necessary to improve the legal loopholes contained in the Law on Political Parties and the Law on Elections to provide concrete improvements system in the recruitment and formation of National Leadership. Such improvement is necessary in an attempt to avoid instant with the hope of avoiding instant recruitment which in terms of national leadership results in the depravity of the state system and leads to a recruitment system that runs in accordance with democracy.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":"51 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138949892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Extending the Legal Standing on Authority Disputes at the Indonesian Constitutional Court 扩大印度尼西亚宪法法院在权力争端方面的法律地位

Constitutionale Pub Date : 2023-12-15 DOI: 10.25041/constitutionale.v4i2.3167

Kelik Iswandi

{"title":"Extending the Legal Standing on Authority Disputes at the Indonesian Constitutional Court","authors":"Kelik Iswandi","doi":"10.25041/constitutionale.v4i2.3167","DOIUrl":"https://doi.org/10.25041/constitutionale.v4i2.3167","url":null,"abstract":"The growth of state auxiliary organs increases the possibility of conflicting authority. Regrettably, the Indonesian Constitutional Court can only settle authority disputes between constitutional state organs. It is based on Article 24C 1945 Constitution jo. Article 61 Constitutional Court Act 2003 jo. Article 2 Constitutional Court Regulation No. 08/PMK/2006. Thus, how does does authority dispute resolution involve state auxiliary organs? This subject is addressed by normative legal research, which examines secondary evidence in the form of laws, Constitutional Court decisions, and doctrines. Based on the statutatory and conceptual approaches, it is found that the rule of legal standing leads to multiple interpretations about which state organ can have a legal standing in the constitutional court. Furthermore, the legal standing requirements are quite narrow and need to be strengthened to respond to the constitutional dynamics in Indonesia, particularly with the emergence of state auxiliary organs. According to this study, state auxiliary organs, particularly those with constitutional importance, can fulfill legal standing standards. While for the authority dispute which involves other state auxiliary organs, it can be resolved based on their legitimacy. Therefore, Constitutional Court Regulation No. 08/PMK/2006 must be revised to accommodate the settlement of authority disputes between state auxiliary organs.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":"52 3S","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138996377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Affirmative Policy A Necessity for Fulfilling the Political Rights of Persons with Disabilities 平权政策是实现残疾人政治权利的必要条件

Constitutionale Pub Date : 2023-12-15 DOI: 10.25041/constitutionale.v4i2.3164

Erina Pane, Tryan Zaki Aulia Yanis

引用次数: 0

Gender Equality in Law Number 4 of 2019 Concerning Midwifery as a Fulfillment of Citizens' Constitutional Rights 2019 年第 4 号法律《助产法》中的性别平等：实现公民的宪法权利

Constitutionale Pub Date : 2023-12-11 DOI: 10.25041/constitutionale.v4i2.3138

Monica Viny Angraini, Yusnani Hasyimzum, Martha Riananda

{"title":"Gender Equality in Law Number 4 of 2019 Concerning Midwifery as a Fulfillment of Citizens' Constitutional Rights","authors":"Monica Viny Angraini, Yusnani Hasyimzum, Martha Riananda","doi":"10.25041/constitutionale.v4i2.3138","DOIUrl":"https://doi.org/10.25041/constitutionale.v4i2.3138","url":null,"abstract":"Legal protection of human rights (HAM) is sought to avoid discriminatory acts, especially the midwifery sector as the fulfillment of basic rights inherent and protected by the constitution as stipulated in article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia which states that every citizen has the right to work and a decent living for humanity. Thus violating the right to obtain work between men and women is a violation of human rights. However, Law Number 4 of 2019 Concerning Midwifery contains elements of discrimination in the midwifery profession, where men cannot become midwives, only limited to becoming obstetricians. Meanwhile, women have the freedom to choose to become midwives or obstetricians. The discrimination contained in the Midwifery Law needs to be analyzed from the perspective of the 1945 Constitution, as well as comparing regulations with the Netherlands to be able to describe the problem in depth. This research uses a normative-empirical legal method, which is a research method that will be studied combining 2 elements, namely normative legal elements and empirical legal elements. Normative law is based on literature data such as books in legal science literature, doctrines or expert opinions, scientific papers, articles, and journals, legislation and internet pages related to the problems in this study with author that can be accounted for. Empirical law is carried out based on field data as the main data source, which is generated through interviews with several informants related to the problems in this study. The results show that the formation of Law Number 4 of 2019 concerning Midwifery is considered contrary to some of the contents of the articles contained in the 1945 Constitution of the Republic of Indonesia, and the development of midwifery regulations in Indonesia needs to follow the example of the Netherlands by continuing to make men able to work as midwives, provided that the patient's consent is obtained.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":"10 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138584465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Framework Publication of State Secrets via Cyberspace in Indonesia 印度尼西亚通过网络空间公布国家机密的法律框架

Constitutionale Pub Date : 2023-11-30 DOI: 10.25041/constitutionale.v4i2.3196

Yasir Adi Pratama

引用次数: 0

Dynamics of Formil Legal Procedures Establishment of Laws and Regulations 正式法律程序的动态制定法律法规

Constitutionale Pub Date : 2023-11-30 DOI: 10.25041/constitutionale.v4i2.3144

Kaharuddin Kaharuddin, Gilang Abi Zaifa, Rianda Dirkareshza

引用次数: 0

Reflection of Political Law in the Development of State Constitution in Indonesia 政治法在印尼国家宪法发展中的思考

Constitutionale Pub Date : 2023-03-30 DOI: 10.25041/constitutionale.v4i1.2949

Maghfira Nur Khaliza Fauzi

{"title":"Reflection of Political Law in the Development of State Constitution in Indonesia","authors":"Maghfira Nur Khaliza Fauzi","doi":"10.25041/constitutionale.v4i1.2949","DOIUrl":"https://doi.org/10.25041/constitutionale.v4i1.2949","url":null,"abstract":"The existence of goals in the state is in accordance with Emmanuel Kant's opinion that the existence of guarantees relating to the formation and defense is to improve the position of the law. There is a strong impetus that needs to be realized optimally when there is a change in the legal politics of state power, mainly so that there is no deviation from the direction of the law that will make it difficult to achieve the essence of the state. So how is the history related to the dynamics of legal politics in Indonesian state administration, political intervention in the development of Indonesian state administration, and finally how is the comparison of legal politics in national law and Islamic law. The problem approach used in this research is a normative approach. The normative approach is an approach that is carried out by collecting and studying applicable legal regulations that are closely related to research problems which include laws and regulations, official documents, and other sources. The results show that the reflection of the development or dynamics of legal politics in its influence on state administration includes the formation of laws and related authorities between each state institution, which is the basis for the direction of current state development. In this case, it is also seen that the role of legal politics can influence or intervene in the world of state administration, which is so dominating in various state administration structures. In this case, it is also necessary to see the role of legal politics in Islamic law, which is considered to play an important role historically in basic arrangements and is one of the factors in forming the pillars of state administration in Indonesia.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49391573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Constitutional Rights Guarantee and Integrated Licensing System for Sustainable Environmental Development in East Kalimantan 东加里曼丹可持续环境发展的宪法权利保障和综合许可制度

Constitutionale Pub Date : 2023-03-30 DOI: 10.25041/constitutionale.v4i1.2937

Dani Berlan Ramadhan, Shaffira Maharannie Putri Arkian Arief

{"title":"Constitutional Rights Guarantee and Integrated Licensing System for Sustainable Environmental Development in East Kalimantan","authors":"Dani Berlan Ramadhan, Shaffira Maharannie Putri Arkian Arief","doi":"10.25041/constitutionale.v4i1.2937","DOIUrl":"https://doi.org/10.25041/constitutionale.v4i1.2937","url":null,"abstract":"Sustainable development in East Kalimantan requires guarantees of constitutional rights and an integrated environmental licensing system. This is important because development that does not pay attention to environmental aspects can have a negative impact on people's quality of life and environmental sustainability. The guarantee of constitutional rights is the first step in protecting people's rights to a healthy and sustainable environment. Meanwhile, an integrated licensing system can minimize adverse environmental impacts and increase compliance and transparency in decision-making. This study examines the importance of guaranteeing constitutional rights and an integrated licensing system in sustainable environmental development in East Kalimantan. The approach used is qualitative by using secondary data such as statutory documents and research reports. The research results show that constitutional rights guarantees and an integrated licensing system are essential in ensuring sustainable development in East Kalimantan. Guaranteed constitutional rights can provide legal certainty and protection of people's rights to a healthy and sustainable environment. Meanwhile, an integrated licensing system can help maintain environmental sustainability and provide legal certainty for investments in sectors that have an impact on the environment. However, there are still challenges in implementing constitutional rights guarantees and integrated licensing systems, such as coordination between agencies, limited human and technological resources, and public awareness about the importance of protecting the environment. Therefore, good coordination between the government, the community and the private sector is needed to protect the environment and ensure sustainable development in East Kalimantan.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46896608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Reformulation of Children’s Restitution to Guarantee Their Constitutional Rights 改革儿童归还制度以保障其宪法权利

Constitutionale Pub Date : 2023-03-30 DOI: 10.25041/constitutionale.v4i1.2943

Andre Arya Pratama

{"title":"Reformulation of Children’s Restitution to Guarantee Their Constitutional Rights","authors":"Andre Arya Pratama","doi":"10.25041/constitutionale.v4i1.2943","DOIUrl":"https://doi.org/10.25041/constitutionale.v4i1.2943","url":null,"abstract":"Children as victims of criminal acts of sexual violence essentially need to get the protection of the welfare and the right to return to grow and develop in accordance with the 1945 Constitution. Losses suffered by children need to be claimed through criminal compensation to the perpetrator or third person, namely the submission of the right to restitution. The mechanism for filing the right to restitution has certainly developed in the rule of law. However, until now it is still an obstacle for victims in fulfilling the filing requirements based on Government Regulation Number 43 of 2017. Of course this will make it difficult for victims to get justice as they should. This article will use normative research, where this research describes the analysis of the problems presented in the research using laws and regulations that refer to Law Number 31 of 2014 and Government Regulation Number 43 of 2017 in accordance with the scope of the discussion of applicable law and comes from literature journals and other sources of information that become references for the author to collect data to complete this research. The results show that the mechanism for implementing the right to restitution is difficult to implement, especially considering that victims tend to be unfamiliar with the law, besides that there are still perpetrators who generally come from the closest family and are not capable and have not regulated the nominal amount of payment that the perpetrator must fulfill. Therefore, it is necessary to reformulate the applicable regulations and related institutions need to play an active role in facilitating victims to fulfill the rights that should be obtained from a criminal offense as a form of effort to realize Human Rights (HAM) itself in the constitutional guarantees of citizens, especially children.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46791474","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

A Comparative Analysis of Constitutional Rights in the Gambia and Indonesia 冈比亚和印度尼西亚宪法权利比较分析

Constitutionale Pub Date : 2023-03-30 DOI: 10.25041/constitutionale.v4i1.2951

Ousu Mendy

{"title":"A Comparative Analysis of Constitutional Rights in the Gambia and Indonesia","authors":"Ousu Mendy","doi":"10.25041/constitutionale.v4i1.2951","DOIUrl":"https://doi.org/10.25041/constitutionale.v4i1.2951","url":null,"abstract":"While there is strong advocacy globally on human rights, little attention is paid to constitutional rights in some countries. Many constitutions contain constitutional rights, which are mainly referred to as the bill of rights in their constitutions. This piece presents a comparative exposition of the constitutional rights in The Gambia and Indonesia as constitutional states. Both countries are sovereign, and the strength and lethargy in enforcing these rights in these countries are of great significance in this research. In this research, empirical and normative research approaches are taken to examine both primary and secondary data. Primary materials like the constitutions of the two countries, legislation and court cases on constitutional rights are used. Secondary materials like articles and books are sufficiently used to support this research. Cognizant that a constitution is both a legal and political instrument, the Constitutional Court of Indonesia is undermined to a certain extent by both the House of Representatives and the Executive, and The Gambia’s sparing moments in disobeying High Court orders as regards constitutional rights, this research finally reaches an informed verdict that constitutional rights are different from human rights and approaches to their enhancement ought to be premised on citizenship. The inclusion of legal provisions in constitutions does not, ex cathedra, make institutions strong. Therefore, both countries need a paradigm shift in their national mechanisms to strengthen the institutions that enforce these rights despite the institutional differences in socio-political and socio-legal structures. To do this, the constitutional defense bodies must be comparatively autonomous from other institutions exercising the legislative, executive, and judicial functions to carry out such activities to increase individuals’ and States’ respect for the constitutions and the law and the constitutional rights guaranteed by these constitutions will make fresh and significant strides. ","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44786903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0