Peran Mahkamah Konstitusi Dalam Penguatan Hak Asasi Manusia Di Indonesia

The presence of articles on human rights in 1945 affirmed that Indonesia respect of human rights. In order to provide protection and guarantee of human rights, the 1945 Constitution authorizes judicial review to the Constitutional Court. Some of the verdict of the Court could be used as evidence that the Court conducted to protect and promote human rights. Constitutional Court not only act as guardian of the constitution institutions, but also as the guardian of human rights. Through its judicial review authority, the Constitutional Court appeared as law enforcement agencies that oversee the passage of state power in order not to violate of human rights

Ihwal Penyidik Komisi Pemberantasan Korupsi

The Corruption Eradication Commission (KPK; Komisi Pemberantasan Korupsi) was a specially-designed institution due to the failures of conventional institutions (public prosecutor and the police) in the eradication of corruption. Such considerations demanded that KPK was not intended to be a temporary institution. In such position, this article explicates basic arguments and legitimacy of the formation of KPK investigators. By law, a series of Laws open the chances or possibilities of non-police investigators. This means that as an institution authorized to conduct investigation, the KPK bears the right to recruit its own investigators

Hubungan Presiden Dan DPR

Relation between executive and legislative tends to be intricate. Both parties often do not understand the functions and authorities of their respective institutions. At the end, disputes often emerge in playing their roles. This writing tries to discuss the problems concerning two state institutions: the President and the Parliament. The analysis will also address how both institutions manage themselves constitutionally in order not to solely immerse in political interests

Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia

It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom) and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang) to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles

Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia

It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom) and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang) to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles

Limitation on Maximum Differences in Dispute Settlement Results of Regional Head Selection in the Constitutional Court

One of the manifestations of the implementation of today's sovereignty is the democratically-elected regional head of elections which is the mandate of the country's constitution. In the course of the dispute of the result of the election of the head of the area there is a provision of the difference in votes in Article 158 of Law No. 10 of 2016 on the Election of the Governor, the Regent, and the Mayor who constitutes a formal requirement to be able to dispute to the Constitutional Court. The purpose of this study is to analyze the basis of the determination of the threshold for submission of the dispute result of the election of the regional head to the Constitutional Court and how the implications of the sound threshold contained in the election law of the regional head

Legal Policy of Sexual Violence in Indonesia

The essence of the protection of the whole nation and the blood of Indonesia as a constitutional right is the protection of the glory as a whole human or in other words the protection of human dignity. In fact, however, person’s right to be free from torture or the degrading treatment of human dignity has not fully functioned optimally. One of the causes is sexual violence. The results of the research indicate that the basic idea of sexual violence abolition departs from the fact of violence is more complex, which is not only related to criminal acts against sexual organs. Moreover, it is a manifestation of a form of discrimination caused by the perspective of gender bias in the cultural construction of patriarchal society. Legal issues also arise regarding the structure and culture of law enforcement that is not oriented towards the protection and fulfillment of the best interests for the victim. Such regulatory conditions, it seems difficult to rely only on efforts to abolish comprehensive sexual violence through existing regulations. It takes a strong commitment in the effort to abolish sexual violence with the paradigm of human dignity protection, as mandated by the 1945 Constitution. The essence of sexual violence abolition is to realize efforts to preventing, deal with and restore sexual violence due to gender-based violence as a form of justice in the values of respect for human dignity. Keywords: Human Rights, Legal Policy, Sexual Violenc

The Restriction of Suffrage in the Perspective of Fair Election in Indonesia

In order to ensure the suffrage of citizens is implemented according to the principle of fair election, regulations on general and local elections may contain various kinds of restriction of suffrage. The rights to vote as well as be voted must be restricted in a way that the process of election may run seamlessly and generate a government capable of exercising the mandate of the people. However, such restriction must be performed in a fair and proportionate manner. The restriction must not cause uncertainty or even distinction of treatment towards the citizens. By means of normative legal research, this research comes to a conclusion that restriction of suffrage in general and local elections have yet been performed fairly. Legal uncertainty in the restriction of suffrage still occurs. Simultaneously, different treatment towards citizens who intend to nominate themselves is still contained in the norms related to the requirements to vote and be voted