Analisis Praktik Penguman Formil Undang-Undang terhadap Undang-Undang Dasar 1945

The standard to examine formal verification (forinale toetsingrecht) of law against 1945 Constitution in the Constitutional Court, covering : First, Pancasila and Articles of 1945 Constitution. The contrary can be assessed by value  of Fourth Article of Pancasila and legal substance of Article 5 paragraph (1), Article 20, Article 21, Article 22A of 1945 Constitution. Second, non-1945 constitution, for example is the general principles of law making process (algemene beginselen van behoorlijke wetgeving), the principles to assessed fact of legislation process (example: law making process in House of Representatives of Indonesia). Third, criminal court decisions, the decisions to assessed criminal offense at law making process, for example: corruption, bribery, and others

Penafsiran Konstitusi dalam Pengujian Konstitusionalitas Undang- Undang terhadap Undang- Undang Dasar 1945

This study is about interpretation of constitution, this study is based on the extent authority of the Constitutional Court on the interpretation of the constitution, including various verdicts that are considered as controversial.The result of the study shows that Constitution 1945 giving authority of the constitution interpretation of the Constitutional Court to evaluate the conflict of legal norm, this could be meant that the Constitutional Court is “the guardian of the constitution and the sole interpreting of constitution” and as the legitimate interpreter of the constitution. Some interesting in implementing the interpretation of the constitution as a standard toevaluate the conflict of legal norm, consists of: First, essentially, that the interpretation of the constitution is one of the ways to elaborate understandings contained in constitution text. Second, related to the independence and the freedom of judge in using an interpretation method which is not regulated by positive law, therefore the judge is free to use those interpretation methods which are appropriate with the conviction of the Justice. Justice in using the interpretation method doesn't only have function as funnel of the act, but also has functioned as the funnel of justice since a judge is required the value of the law and the sense of justice which exists in the society (substantial justice). Refer to the theory of living constitution, therefore Constitution 1945 should be understood as a constitution which has textual and contextual dimention Third, the restriction in using the interpretation method, the constitutional judge couldn't only focused into the originalism interpretation method which only based to original intent / the formulation of Constitution 1945 or using the other interpretations (non originalist) which oppositely those interpretation the 1945 Constitution doesn't work according to system and/ or contended with the main idea underlying the constitution itself entirely related to the purpo se that would like to be realized. Fourth, the use of interpretation method should be able to be accounted to the publics, therefore the validity could be examined in certain cases. This is very essential to dosince Constitutional Court has an extent interpretation authority so that it could keep justice of Constitutional Court to avoid it from misuse of authority in interpreting of 1945 Constitution

Dinamika dan Problematika Politik Hukum Lembaga Penyelesai Sengketa Hasil Pemilihan Kepala Daerah di Indonesia

The success of free and fair local elections is not only measured by the voting process, but also determined on how the settlement of the disputes follows it. In connection with that, the institutional dispute settlement of local elections in Indonesia has experienced ups and downs that have not been interminable. The issuance of the Act Number 10 of 2016 which mandates the establishment of special judicial body for settlement of regional head election disputes still leaves a ‘homework' of the shape or design of that special judicial institution, its authorities and procedural law that must be established ahead of national simultaneous elections in 2027. This paper is the result of a normative research with statute, analytical, and case approaches regarding the background of the existence of special judicial body which is needed to be established to resolve regional head election disputes in Indonesia as an antithesis on the weaknesses and problems ofinstitutional settlement of regional head election disputes that been there for years, namely: Supreme Court and the Constitutional Court. In order to provide an overview as well as an alternative institutional model of special court for regional head election disputes settlement to be formed onward

Implikasi Pengujian Undang-undang oleh Mahkamah Konstitusi dalam Mewujudkan Maqashid Syari\u27ah

This research is about the implications of constitutional review by Constitutional Court in realizing maqashid sharia backgrounded by the ambiguity of whether or not to use the maqashid syariah as a benchmark in constitutional review. The research is to observe the use of maqashid syariah as a benchmark and the implications of the legal system in Indonesia. The method used is normative legal research focusing on several decisions of Constitutional Court. The results of the study show that the Constitutional Court accommodates maqashid sharia. Based on the analysis of Constitutional Court Verdict Number 2-3/ PUU-V/2007, Verdict Number 12/PUU-V/2007, Verdict Number 68/PUU-XII/2014, Verdict Number 85/PUU-XI/2013 show that in constitutional review, the Constitutional Court uses the maqashid syariah as a benchmarks (in the framework of Pancasila) in line with the idealization of Baldatun Thayyibatun wa Rabbun Ghafur meant to maqashid syariah focusing on maintaining the benefit of religion/din, maintaining the benefit of the soul/nafs, maintaining the benefit of reason/aql, maintaining the benefit of descendants/nasl, and maintaining the benefit of wealth/mal) has been accommodated and applied in constitutional review. The implication is that maqashid sharia becomes one of benchmarks in constitutional review and the Constitutional Court can intepret the contextualization of maqashid sharia in various cases