| Judul | Abstract | Halaman |
|---|
| Pengujian Ketentuan Penghapusan Norma dalam Undang-Undang | Theoretically and practically (judicial review), include two types, namely formal verification (formale toetsingrecht) and material verification (materielle toetsingrecht). The formal verification is an authority of assessing whether or not a legislative product is produced in acccordance with the prevailing procedures. While a material verification is an authority to examine and measure whether or not an authority has the right to establish a certain regulation. Article 51 paragraph (3) of law Number 24 Year 2003 regarding Constitutional Court state about it. In this context, material verification include extensive material, ie the whole matter of law, in part, or a small part of a word or even punctuation that can affect the norm. Thus, the provisions not only affect the meaning, but even the existence of a norm should be examined by the Constitutional Court. In addition, the loss of norms can violate constitutional the rights of citizent. | 1-14 |
| Pemakzulan Presiden/Wakil Presiden Menurut Undang-Undang Dasar 1945 | Article 6A (1) of 1945 Constitution regulated that the President and the Vice President of the Republic elected as a pair by direct voting from all citizen. Based on this rule, the position of the President and Vice President is quite powerfull, thus almost impossible to be impeached during their term. Prior to the Constitutional Amendment, there is no constitutional article that regulates on the issues and mechanism of President Impeachment. The Third Amendment, which adopted at the 7th Plenary Meeting of the Peoples Consultative Assembly (MPR), November 9th 2001, regulates on the mechanism of President impeachment in the Article 7A which stated, The President and/or Vice President may be dismissed from office by the MPR based on a proposal from the DPR, either when proven guilty of violating the law by betrayal of the state, of corruption, of bribery, of any other felony, or because of disgraceful behaviour, as well as when proven no longer to fulfil the conditions as President and/or Vice President. | 15-28 |
| Constitutional Quenstion (Antara Realitas dan Implementasi Hukum) | The emergence of political and constitutional law discuorses, side by side with the growth of democracy in Indonesia, is developing progressively and dynamically. In reality, this nation is under great tests which determine whether the state is still holding its constitutional cummitment on upholding the rule of law. In the other side, the face of law enforcement in this state in under an immense storm of urgent justive unto all of its citizent? This issue is a huge homework for all the nations elements in the future. The establishment of the Constitutional Court which regulated in the 1945 Constitution surely related to the constitutional reformation which deemed as a necessity and a important agenda that should be applied fundamentally. The existence of the Constitutional Court in the. | 29-48 |
| Jaminan UUD 1945 Dalam Proses Hukum Yang Adil | One of the principles of rule of law which guarantees by the constitution is regarding the due process of law. Legal acknowledgment, legal guarantee, legal protection, fair legal assurance and equality before the law cannot be separated from the principle of presumption of innocence. Both had becoming the absolute condition and its existences are acknowledged, protected, and guaranteed within the rule of law system in Indonesia. However, in a matter of fact there are numbers of regulations which are in contradiction with the 1945 Constitution. One regulations, which is the main discussion of this note, is the Article 32 (1) letter c law No. 30/2002 on The Committee of the Eradications of Corruption (UU KPK). The implementation of temporary dismissal of Chief of the KPK by the President of the Republic and the unlawful act of Bibit-Chandras restraining are deemed to be an act of unlawful discretion and a violation of due process of law as guaranteed by the 1945 Constitution. | 49-66 |
| Mahkamah Konstitusi dan Penafsiran Hukum yang Progresif | The main maxim of progressive law is law for human, not human for law. Since stressing to human existence to enforce the law, the progressive law rejects the status quo based on legal positivism, the existence of written legal text containing many weaknesses, and pays more attentions to the role of human behavior. In the context of constitutional court roles as the sole and the highest interpreter of the constitution, the interpretation of progressive law wants the institutional court not strictly rely on the written text, not to use legal positivism as a paradigm ininterpreting the law, but focusing on rechtsidee, values, and way of life written on Pancasila to implement the substantive justice, not the existence of legal texts in constitution of 1945. | 67-90 |
| Kewenangan Mahkamah Konstitusi Dalam Pemakzulan Presiden Dan/Atau Wakil Presiden Di Indonesia | The idea of impeachment (pemakzulan) towards the incumbent president of Indonesia surfaces recently. This could be the cause of two main grounds. First, regarding the ongoing investigation process of the Century Bank case. In the beginning, the presumption charges merely towards the monetary policy officials and the concerning presidents assistants, but during the further investigations, a number of political parties, in not so vigorously manner pointed the charges to the incumbent presidents because of the indication of responsibility toward the bailout process of Century Bank. Second, the idea of presidential impeachment got its nudge when the Constitutional Court also declaring that its components are ready in processing the impeachment petition, after it has surfaced the Constitutional Court Rule (Peraturan Mahkamah Konstitusi) No. 21/PMK/2009 on the Guidelines in Judicial Procedures in Hearing the Parliamentary Petition in Violation Charges Towards President of the Republic and/or Vice President of the Republic. Third, Presidential and/or Vice Presidential Impeachment has already been occurred in the history of Indonesian nation, namely towards past Indonesian Presidents such as Sukarno, Suharto and KH. Abdurrahman Wahid. This writing attempts to discuss issues regarding presidential impeachment in Indonesia, such as the power of the Constitutional Court in impeachment process, the legal grounds of impeachments, reason for impeachment and the procedural mechanism of impeachment. Constitutionally, the procedures and mechanism of presidential and/or vice presidential impeachment has been regulated comprehensively in the Constitution of the Republic of Indonesia, specifically in Article 7 B, Article 24 (2), and Article 24 C of the 1945 Constitution after the Third Amendment. Based on these regulations, impeachment is not a simple process, but requires a long process and involving a number of high state institutions, namely Peoples Representative Council (DPR), The Constitutional Court, and People Consultative Assembly (MPR). The involvement of the Constitutional Court in the impeachment process can be related toward historical experiences and as a logical consequence of the constitutional transformation of Indonesia. Beside that, the idea of presidential and/or vice presidential impeachment should not be based merely on political motivation, but should also have the reasonable legal grounds and rationale. | 91-110 |
| Tafsir MK Atas Pasal 33 UUD 1945: (Studi Atas Putusan MK Mengenai Judical Review UU No. 7/2004, UU No. 22/2001, dan UU No. 22/2002 | The rulings of the constitusional court to review the Act No. 7 of 2004 on Management of Water Resources, Act No. 22 of 2001 on Crude Oil and Natural Gas, Act No. 20 of 2002 on Electricity caused controversy. These decisions gives a different interpretation of Article 33 of the Constitution of 1945, which likely have implicatons for Indonesias economic development policy. Branches of production which is important for the livelihoods of people and natural resources, is placed in the area of public law rather than private. The consequences are arranged by state control rights as a collective representation of Indonesian society. Thus, the form that allows management of a joint is through cooperatives and the state delegation of the management of public goods to the non-state (cooperative), can only be done with instrument of one-sided legal action. | 111-180 |
| Hak Warga Negara Dalam Memperoleh Pendidikan | The state are obliged to ensure a quality education and without discrimination to every citizen, to meet the educational rights of every citizen, in order to produce the output quality of education really qualified. Starting from the lofty goals for the nations intellectual life as stated in the opening of the Constitution of 1945, untill now, the efforts to develop the intellectual life of the nation seems to still have a lot of obstacles. Increasing numbers of poor families in Indonesia since the ecomonic crisis that hit in mid-1998 and more children are forced (or forced) to beg in the streets and singing when they should be in classrooms to learn. The ignorance is a source of oppression for humanity, if up to this time, the state did not implement its obligations in fulfiling the rights of its citizens to acquire basic education, then the state has violated human rights and constitutional violations. | 181-212 |
| Dilema Pengujian Undang-Undang Ratifikasi Oleh Mahkamah Konstitusi Dalam Konteks Ketetanegaraan RI | Mahkamah Konstitusi (MK) berwenang mengadili pada tingkat pertama dan terakhir yang putusannya bersifat final dalam hal pengujian pengujian undang-undang terhadap Undang-Undang Dasar 1945. Keberadaan undang-undang yang meratifikasi perjanjian internasional menjadi persoalan tersendiri dalam sistem penegakkan konstitusi di Indonesia. Keterikatan (binding) pemerintah terhadap perjanjian internasional dilakukan atas dasar ratifikasi yang dilakukan oleh parlemen (Dewan Perwakilan Rakyat) dan Presiden dalam bentuk "undang-undang". Hal ini dikarenakan Indonesia baru mengakui hukum internasional setelah adanya adopsi khusus terhadap perjanjian internasional. Adopsi khusus ini dibentuk dengan peraturan hukum setingkat undang-undang. Oleh karena berbentuk undang-undang, maka menjadi persoalan tersendiri apakah undang-undang ratifikasi ini dapat dikategorikan ke dalam hierarkis peraturan perundang-undangan sesuai dengan Undang-Undang Nomor 12 Tahun 2011, sehingga berimplikasi pada dilakukannya judicial review oleh Mahkamah Konstitusi. | 113-134 |
