Constitutionale最新文献_第2页

The Right of Access to Public Information: Human Rights Issues, Transparency and Good Governance 获取公共信息的权利:人权问题、透明度和善治

Constitutionale Pub Date : 2023-03-08 DOI: 10.25041/constitutionale.v4i1.2601

Didier Yangonzela Liambomba

{"title":"The Right of Access to Public Information: Human Rights Issues, Transparency and Good Governance","authors":"Didier Yangonzela Liambomba","doi":"10.25041/constitutionale.v4i1.2601","DOIUrl":"https://doi.org/10.25041/constitutionale.v4i1.2601","url":null,"abstract":"The right of access to information is based on both Article 19 of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), which guarantee everyone the right and freedom “to seek, receive and impart information and ideas” by any means of their choice. Article 24 of the Constitution of the Democratic Republic of Congo (DRC) guarantees the right to information in the following terms: “everyone has the right to information”. The effective manifestation of this right to information remains closely linked to the exercise of freedom of expression and opinion on any subject of public interest and its inevitable corollary, freedom of information. The effectiveness of the right to information also depends on citizens' participation in the nation's public life. A population well-informed by its government can fight against fake news and the spread of false rumors while promoting the fight against corruption and good governance. Accessing public information is one of the most important conditions for assessing the democratic management and openness of society to citizen participation. As an inalienable right, access to information is the foundation of a free, democratic and transparent society. The research was based on the legal approach and the comparative method. The former allowed the subject to be approached by grasping the quintessence of the various existing legal standards. The latter helped to compare the various internal and extra-internal legal instruments based on comparative law, particularly French law. This analysis also used the documentary technique and the free interview in the form of a chat with ordinary citizens or any other personality (civil society groups, journalists, entrepreneurs, national and local elected representatives, other professional, political and trade union groups, and civil servants).","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45182385","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

The Decision of The Constitutional Court on Verification of Political Parties 宪法法院关于政党核查的决定

Constitutionale Pub Date : 2023-03-08 DOI: 10.25041/constitutionale.v4i1.2789

Yusuf Mulya Kharismawan, Yulia Neta, M. Muhtadi

{"title":"The Decision of The Constitutional Court on Verification of Political Parties","authors":"Yusuf Mulya Kharismawan, Yulia Neta, M. Muhtadi","doi":"10.25041/constitutionale.v4i1.2789","DOIUrl":"https://doi.org/10.25041/constitutionale.v4i1.2789","url":null,"abstract":"Political parties are the political suprastructure in a democratic country as a means for citizens to occupy political positions through general elections. The requirements for verifying political parties participating in an election are always contained in every election law making it difficult for political parties to pass verification as well as excluding several political parties that have met certain verification requirements so that they are immediately declared as participants in the next elections. This exception is not in accordance with several Constitutional Court Decisions which have the same substance which consistently declares unconstitutional, except for the Constitutional Court Decision Number 55/PUU-XVIII/2020. The research method used is normative juridical regarding laws and regulations, namely Law Number 7 of 2017 concerning Elections, accompanied by comparative study of jurisprudence Constitutional Court's decision regarding an application for judicial review of political party verification accompanied by literature studies. The research analysis uses a qualitative approach to understand more deeply the legal phenomena that occur and examines the substance to obtain specific conclusions on what is studied. That decision based on a discussion of this research is inconsistent because the arguments and materials of the 1945 Constitution used are different and the Constitutional Court is not required to use jurisprudence as a basis for consideration even though there are similarities in substance.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48263530","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

Definition of the “Minister” in Government Regulation 11/2021 Concerning Village-Owned Enterprises 《关于村办企业的第11/2021号政府法规》中“部长”的定义

Constitutionale Pub Date : 2022-11-15 DOI: 10.25041/constitutionale.v3i2.2761

Saptono Jenar

引用次数: 0

The Code of Ethics and Discipline Management Political Parties Member 党员道德与纪律管理守则

Constitutionale Pub Date : 2022-11-15 DOI: 10.25041/constitutionale.v3i2.2633

Kausar Kausar, M. Muhtadi, Martha Riananda

{"title":"The Code of Ethics and Discipline Management Political Parties Member","authors":"Kausar Kausar, M. Muhtadi, Martha Riananda","doi":"10.25041/constitutionale.v3i2.2633","DOIUrl":"https://doi.org/10.25041/constitutionale.v3i2.2633","url":null,"abstract":"Violation of the law which includes ethical violations is actually an act that is contrary to the ethical rules of regulations for members of political parties, but these violations actually indicate an increase by public officials from political parties, so it is interesting to conduct research on how to determine the model of the code of ethics for members of the political party. Members of political parties who are involved as well as public officials. The type of research used in this research is normative-empirical with a statutory approach and is supported by field research. The data obtained were then analyzed qualitatively. The results of the research and discussion show that the enforcement of the code of ethics and party discipline is carried out through prevention and prosecution efforts. Prevention efforts are carried out through continuous guidance for ordinary members, members, and party cadres by the party honors division at each level of the party leadership council. Meanwhile, efforts to take action are carried out by the party ethics and discipline committee formed by the DPP which is tasked with examining and proving any alleged violations of the party's code of ethics and discipline by party members. The party ethics and discipline committee is authorized to examine and provide recommendations on whether party members are guilty of violating the code of ethics and/or party discipline on the basis of reports, complaints, or information.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44998031","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

Public Service Model on Bureaucracy Reform in Lampung Utara Lampung Utara官僚体制改革的公共服务模式

Constitutionale Pub Date : 2022-11-10 DOI: 10.25041/constitutionale.v3i2.2406

Irhammudin Irhammudin, M. Dinata

{"title":"Public Service Model on Bureaucracy Reform in Lampung Utara","authors":"Irhammudin Irhammudin, M. Dinata","doi":"10.25041/constitutionale.v3i2.2406","DOIUrl":"https://doi.org/10.25041/constitutionale.v3i2.2406","url":null,"abstract":"This study aims to identify the implementation of bureaucratic reform, as well as to offer several solutions for improving licensing administration services. This research uses a qualitative approach with the type of instrumental case study research. The research location was carried out at the North Lampung Regency Licensing Service. Data collection techniques used, namely: in-depth interviews, document studies and observation. The results showed that the implementation of bureaucratic reform in licensing administration services, from the institutional aspect that the licensing service for North Lampung Regency was in the form of One Stop Service; aspects of Human Resources that the qualifications of existing employees are not in accordance with the needs of the organization, the discipline and responsibility of employees is still relatively low. Regional governance reform begins with the form of regional autonomy. Regional autonomy represents the authority to regulate government businesses that have local character in accordance with initiatives that are in accordance with the aspirations of the community. Regional governance reform aims to maximize service functions that have a more public locality character. Reform of the implementation of regional governance can be carried out by relating to the conception of a new public service that is oriented towards community services that are responsive to various public values and interests and are also non-discriminatory.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48866417","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

The Authority Enhancement of The Election Supervisory Agency Post The Enforcement of Law Number 7 of 2017 Regarding General Election 选举监督机构职位的权力增强2017年关于大选的第7号法律的实施

Constitutionale Pub Date : 2022-11-08 DOI: 10.25041/constitutionale.v3i2.2745

Dwi Zaen Prasetyo

{"title":"The Authority Enhancement of The Election Supervisory Agency Post The Enforcement of Law Number 7 of 2017 Regarding General Election","authors":"Dwi Zaen Prasetyo","doi":"10.25041/constitutionale.v3i2.2745","DOIUrl":"https://doi.org/10.25041/constitutionale.v3i2.2745","url":null,"abstract":"The implementation of elections in Indonesia has its own characteristics, where the regulation of the implementation of these simultaneous elections is set to be one in Law No. 7 of 2017 on General Elections. In addition, this Act also gives the Electoral Observer quasi-judicial authority in the process of dealing with administrative and arbitrary violations of the Electoral Process, with sanctions granted through an Electoral Observer Decision. It attracted the authors to do research on the electoral supervisory authorities that are experiencing enlargement and loading and to see the implications of quasi-judicial authority granted through several case analyses. This study aims to analyze the issues of (a) the form of authority enhancement given to Bawaslu, and (b) the implementation of Bawaslu's authority in its effort of handling election violation and resolving election disputes in Lampung Province according to Law No. 7 Year 2017 regarding the General Election. The methods used in this research is a normative-empirical law study. Data sources of this research are primary, secondary and tertiary law objects using qualitative analysis method. The result obtained from this research shows enhancement of election supervisor's authority in the areas of: First, handling process of election criminal violation; Second, the handling of election organizers' ethical code violation; Third, the handling of election administration violation; Fourth, election process dispute resolution. The enhancement of Bawaslu's authority that became a characteristic is that it is given quasi judicial in handling administrative violation and election process dispute that can be seen in 4 (four) election regimes.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45997931","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

Bureaucratic Reform in The Village Government 农村政府的官僚主义改革

Constitutionale Pub Date : 2022-10-18 DOI: 10.25041/constitutionale.v3i2.2638

Siti Khoiriah, Luzman Qashmal

{"title":"Bureaucratic Reform in The Village Government","authors":"Siti Khoiriah, Luzman Qashmal","doi":"10.25041/constitutionale.v3i2.2638","DOIUrl":"https://doi.org/10.25041/constitutionale.v3i2.2638","url":null,"abstract":"The state of Indonesia has a grand design and a national time reform roadmap related to good governance 2010-2025. The grand design of Indonesian reform is regulated by presidential regulation no 81 of 2010 and the employee roadmap is regulated by the ministerial regulation of State Apparatus Empowerment and Bureaucratic Reform, overseeing the task of managing the village, namely the village ministry. The purpose of this study was to determine Bureaucratic reform needs to reorganize the bureaucratic process from the highest to the lowest level and make new breakthroughs (innovation breakthrough) with gradual, concrete, realistic, earnest steps, think outside the existing habits/routines (out of the box thinking), a paradigm shift (a new paradigm shift), and with extraordinary efforts (business not as usual. The method used in data collection is to analyze the data qualitatively by describing the data. The analysis stage starts by collecting data from primary legal materials (Laws and Regulations) by selecting, and classifying systematically to find out the general picture of the research. The data that has been collected is analyzed using descriptive analytical analyzed qualitatively by using the concept approach, constitutional, and historical approach. The results of this study can be concluded that the implementation. should be applied from the center to the regions as well as villages in Indonesia In Indonesian villages also recognize the concept of a village and good governance which is directly related to the community.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48986750","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

The Synthesis of Indonesian Socialism According to The Constitution 印尼社会主义在宪法中的综合

Constitutionale Pub Date : 2022-10-18 DOI: 10.25041/constitutionale.v3i2.2694

Aurora Jillena Meliala, Jonathan Andre Woods

{"title":"The Synthesis of Indonesian Socialism According to The Constitution","authors":"Aurora Jillena Meliala, Jonathan Andre Woods","doi":"10.25041/constitutionale.v3i2.2694","DOIUrl":"https://doi.org/10.25041/constitutionale.v3i2.2694","url":null,"abstract":"This article is aimed to narrate the core value of the Indonesian economic system as stipulated by the founding fathers. And it was called Ekonomi Kerakyatan (Proletarian Economy), introduced by Muhammad Hatta and is the distinctive feature of Indonesian democracy. A system that is centered on people’s empowerment. The Indonesian “third way” was introduced long before Giddens’s idea and it was claimed as the authentic Indonesian socialism. One that is rooted in the value of Pancasila as Indonesia’s Weltanschauung (Philosophische- Grondslag). A People-centered economy based on cooperativism and kinship. The paper used a qualitative method in its research. The first part will explain how Ekonomi Rakyat was defined and postulated under the Indonesian Constitution. Then, it will explain the transformation of the economic legislature and its implication to national development. Lastly, the resolution to reinvigorate the idea of a people-centered economy in Indonesian Economic Democracy and Legal framework is explained. The research finds that Indonesia’s inherent economic system is yet to be implemented in the national legal life and that it greatly impacts the nation’s notions of prosperity. In the end, the research concludes that the economic system should be narrated in a sound legal framework, while the process of legal drafting and enforcement depends on political commitment.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44414116","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

Bureaucracy and Government 官僚主义与政府

Constitutionale Pub Date : 2022-06-30 DOI: 10.25041/constitutionale.v3i1.2534

Yuliana Keke Febrianti, Zahra Malinda Putri, Adhyatma Wikrama Maheswara

引用次数: 0

Urgency Public Data Protection Based on Data Leakage Cases at The Indonesian Child Protection Commision 基于印尼儿童保护委员会数据泄露案例的公共数据保护紧迫性

Constitutionale Pub Date : 2022-06-30 DOI: 10.25041/constitutionale.v3i1.2571

Raineven Sailano Violand Charnade

{"title":"Urgency Public Data Protection Based on Data Leakage Cases at The Indonesian Child Protection Commision","authors":"Raineven Sailano Violand Charnade","doi":"10.25041/constitutionale.v3i1.2571","DOIUrl":"https://doi.org/10.25041/constitutionale.v3i1.2571","url":null,"abstract":"Privacy is the essential thing regulated in Human Rights. As a country that recognizes human rights, Indonesia is a state that adheres to the principles of human rights and also recognizes that privacy is a human right that the state must protect. However, no law addresses the issue of public data protection in Indonesia comprehensively. On Monday, October 18, 2021, data leaks on the identity of the complainant and underage victim, case summary, and mediation results were found. It has at least two significant impacts, firstly it can impact the inhibition of KPAI's performance due to public trust, and secondly, it will have a worse impact on victims and whistleblowers, both physically and mentally, because this can trigger predatory movement. The research method used is normative legal research based on secondary data library research which is descriptive, evaluative, and prescriptive. Several approaches are used, namely the legal approach, conceptual, to answer the first question, the point of contact between individual and state interest, and a comparative approach to answer the second problem regarding the dynamics of personal data protection arrangements in the problem of data leakage experienced by KPAI. Therefore, Indonesia needs to immediately legitimate the Draft Law on Public Data Protection (RUU PDP) so that the urgency of the legalization of public data protection can be immediately resolved.","PeriodicalId":52591,"journal":{"name":"Constitutionale","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43533531","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