bluuebunny/crossref_metadata_2025_split huggingface dataset:
Prinsip Tanggung Jawab Orangtua Biologis terhadap Anak Di Luar Perkawinan
Authors: Usman Rachmadi 
Published: July 2022

Every children should get law protection, also children who born from unmarried parent. If it is not, that children be a victim, whereas they was born in holy condition without any mistakes, even they was born as a adultery action. The children who born from unmarried parents often get discrimination and stereotype in society. Because that, toward give protection for children who born from unmarried parents and obligate the father to responsible, Constitutional Court decide provision Article 43 paragraph (1) Act Number 1 of 1974 concerning Marriage is against Constitution of 1945 conditionally, unconstitutional as long as that provision interpretation omit private/civil relation between the man who proved by science and technology and/or other evidence by Law have relationship with their father, and then every children who born from unmarried parents have private/ civil relation not only with their mother and her family, but also with their father and his family. This decision rise change of meaning and law definition concerning children who born from unmarried parent, include children from adultery couple, as long as can prove by law they have relationship with the man as father also have private/ civil relation with their father and his family. But in other side, Constitutional Court also rise parent (father) biologic principle against children, include children who born from unmarried parent.
Hak Konstitusional Korban atas Pengadilan HAM yang Kompeten, Independen, dan Imparsial
Authors: Nalesti Dewi Yustina Trihoni 
Published: July 2022

Court of Human Rights, guarantee a fair trial for the sake of protecting human and human dignity must be realized in line with the principles of the Indonesian nation berketuhanan and equitable. The establishment of a Human Rights Court will be the initial parameters that indicate to what extent the seriousness of the Government of the Republic of Indonesia to protect and promote human rights as mandated by the Pancasila as Cita Law (Rechtsidee). Court of Human Rights also be a stepping stone towards the reform of the legal system in Indonesia. Guarantees the right to a fair trial under Article 28 D (1) of the Constitution of 1945, which then further elaborated by Article 24 of the 1945 Constitution of the judicial power. However, what was before the law and According to the law is not necessarily so in fact before the court and According to the court. Empirical experience shows the benefit of victims in court human rights are often violated because of various political interests. In order to maintain accountability of the judicial process at the Human Rights Court, need community involvement as a control in order to increase awareness of the implementation of a fair trial. It is very important is the guarantee of public trials that are part of a fair trial with the aim of protecting the interests of the accused or the victim of the confidentiality of a hearing in the absence of public scrutiny.
Hakim Konstitusi Adalah Hati dalam Tubuh Mahkamah Konstitusi
Authors: Hardianto Danang 
Published: July 2022

Constitutional judges denote a piece of flesh i.e. heart in the body of the Constitutional Court. If it is good, the whole body is good, and if it is bad, or else if it is bad, the whole boy is bad. The good heart is filled by the judges who have impeccable integrity and personality; be fair-minded; and be statesman who have mastered constitution and constitutional law. They therefore have an obligation to make a responsive and prescriptive decision in order to enforce the law based on the morality and the truth. The decision becomes the sun which will continue to shine and illuminate the life of the country.
Kedudukan Kelompok Minoritas dalam Perspektif HaM dan Perlindungan Hukumnya Di Indonesia
Authors: Zul Fadhli Yogi 
Published: July 2022

Minority group is a social entity which can not be denied its existence. The plural minority condition is defined as diversity of the majority on the basis of identity, religion, language, ethnicity, culture or gender. The number is usually not much when compared to the population in a country and be in a dominant position. Vulnerable minority groups become victims of human rights, therefore the legal protection given. In a human rights perspective, this group is at a level equivalent to other individual rights holders and have special rights. Special rights are not privileges, but rights granted so the dignity of minority groups can be lifted.
Tafsir Putusan Mahkamah Konstitusi Tentang Sengketa Kepemilikan Pulau Berhala
Authors: Risnain Muh. 
Published: July 2022

The Decicion of Constitutional Court concerning Berhala Island not a dispute of property belonging under civil law. This dispute are constitutionality of the law concerning establishsing a new local government to the UUD 1945. Under Decicion of Constitutional Court in case No. 32/PUU-X/2012 and No. 62/PUU-X/2012 judge of Constitutional Court interpretation law about establishsing a new local government not based on legal constitutionality of that law to the UUD 1945. The interpretation of judge of Constitutional Court based on recognition and respective to high court decicion in case judicial review about Berhala Island.
Pemilu Serentak dan Masa Depan Konsolidasi Demokrasi
Authors: Arrsa Ria Casmi 
Published: July 2022

The development of democracy in Indonesia is running very rapidly after the 1945 amendment. One of the developments within the frame of politics characterized by constitutional formula that provides a basic framework state that sovereignty belongs to the people and carried out in accordance with the Constitution. On the basis of the formulation of the succession of leadership in the executive and legislative branches are directly implemented as the mandate of Article 22 E of paragraph ( 2). However, in practice the constitutional arrangements in the Law Number 42 Year 2008 concerning General Pemlihan President and Vice President shows inconsistent with the statement in the constitution . As set out in Article 3 paragraph ( 5 ) states that the election of President and Vice- President held after an election DPR, DPD and DPRD. At the end of the Constitutional Court through Decision No. 14/PUU-XI/2013 stated that the selection of models is unconstitutional. Based on that assessment constitutionality of norms selection method based on the simultaneous interpretation of the constitution of both the original intent and interpretation of history. Design constitutional elections simultaneously referred born as an attempt to shift the direction of the transition towards democracy in the reinforcement system in order consolidation of democratic practice direct democracy tends opaque transactional, corrupt, manipulative, high costs and preserve power can be minimized in the practice of constitutional democracy dimention to understand and sovereignty of the people.
Judicial Preview Sebagai Mekanisme Verifikasi Konstitusionalitas Suatu Rancangan Undang-Undang
Authors: Kurniawan Alek Karci 
Published: July 2022

The many the petition judicial review of legislation, as legislation product Parliament and the President, at the Constitutional Court, indicates law making as any of the products of law in Indonesia is currently seen by many parties have not succeeded meet the expectations ofsociety. Contrasts, with a consequence has hundreds of articles that was canceled by Constitutional Courtsince its establishment it indicates so bad law making over the years.One of its causes weakness in order to scrutinize the drafts of the legislation in accordance with the constitution and people’s expectations. Therefore, in this research wants examine and develop a mechanism to check list to en sure that it each law making process in accordance with the constitution and people’s expectations. In this research, a method use disnormative juridical by using conceptual approach, historical and regulatory. From the research explores an extra mechanism for Constitutional Court to verify the value of constitutionality a draft law.
Independensi Mahkamah Konstitusi dalam Proses Pemakzulan Presiden dan/atau Wakil Presiden
Authors: Wahid Abdul 
Published: July 2022

It has been highlighted in the constitution that the Constitutional Court has one obligation to give verdict on the House of Representatives’ (DPR) opinion regarding the impeachment of the president and/or the vice president. Obligation given by this constitution is about to prove that Indonesia is a law state. Even though the Constitutional Court has become part of the dismissal process of president and vice president, the independence of its obligation is doubted by public because of the recruitment factors of the Constitutional Court judges. Even though these judges successfully give verdict because the president or the vice president is proven to break the law, it does not mean that its verdict absolutey ties the authority of the House of Assembly (MPR).
Jaminan UUD 1945 dalam Proses Hukum yang Adil
Authors: Latif Abdul 
Published: July 2022

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 regulation, 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-Chandra’s restraining are deemed to be an act of unlawful discretion and a violation of due process of law as guaranteed by the 1945 Constitution.Latif, Abdul. 2007. Fungsi Mahkamah Konstitusi dalam Upaya Mewujudkan Negara Hukum Demokrasi, Total Media, Yogyakarta.Kusumohamidjojo, Budiono, 2004. Filsaf Hukum: Problematik Ketertiban yang Adil, Grasindo, Jakarta.Kelsen, Hans, 1982. Reine Rechtslehre (Ajaran Hukum Murni), Wien: FranzDeuticke.Rawls, John, 1971. A Theory of Justice, Harvad. UP.Kompas, 2009. Mahkamah Konstitusi diminta Terbitkan Putusan Sela., Edisi Hari Selasa, 27 Oktober 2009, Jakarta.Suseno, Frans Magnis, 1987. Etika Politik. Gramedia. Jakarta.Majalah Konstitusi, 2009, Putusan Sela Bibit-Chandra Menunda Pemberhentian Pimpinan KPK, Edisi Oktober 2009, Nomor 33. Jakarta.Reksodiputro, Mardjono, Jaminan Konstitusi tentang Proses Hukum yang Adil, dalam Buku 70 Tahun Ismail Suny, Sinar Harapan, Jakarta.Tobias, Marc Weber dan R. David Petersen, Pretrial Procedure, A Survey of Constitutional Rights, Charles C. Thomas Publisher, 1978.
Hak Warga Negara Dalam Memperoleh Pendidikan
Authors: Sujatmoko Emmanuel 
Published: July 2022

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 nation’s intellectual life as stated in the opening of the Constitution of 1945, until 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 economic 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 fulfilling the rights of its citizens to acquire basic education, then the state has violated human rights and constitutional violations.
Pengaruh Pembatasan Kekuasaan Presiden Terhadap Praktik Ketatanegaraan Indonesia
Authors: Purnomo Chrisdianto Eko 
Published: July 2022

This research effort to search the contents president power restriction in achieving constitutional governmant in Indonesia. The restriction power of president related to restriction of president authority. In other sides restriction of president power can be viewed thorought functional relation among president with House of representative council (DPR), representative people assembly (MPR), Local Representative Council (DPD), and functional relation among president with Supreme of court (MA) and Constitutional Court (MK).The result of research shown that the restriction content of president power can be viewed not only restriction the time of president’s office but also restriction of content presiden authority, i.e restriction to choose state officers and restriction in law making. And restriction of content president power can be viewed in functional president relation with legislative and constitutive institutions.
Kejahatan Terselubung di Balik Kertas Suara Tidak Sah yang Gagal Dicegah oleh Pasal 46 Peraturan KPu No.16 Tahun 2010
Authors: Simanihuruk M. 
Published: July 2022

Article 46 KPU Regulation No.16 of 2010 count the percentage of the gaining votes of each candidate pair from the total of valid ballot paper. The invalid ballot paper is totally neglected. Thus the democratic right of those people who has an invalid votes is neglected as well. More over a danger implication of this article is a hidden crime that can be planned systematically by increasing the percentage of the gaining votes through out the invalid ballot paper. The more the number of invalid ballot paper, the most the percentage of the gaining votes. If a total number of valid votes is a for a candidate pair A, a total number of valid votes is b for a candidat pair B, according to the survey for example, and a/ (a+b) < b/(a+b) then a candidate pair A can increase mathematically their gaining votes to at least 30,01 % by planning at least t + s total number of invalid ballot paper such that t and s satisfy the inequality s>b – 69.99(a-t)/30.01 where t is the number of invalid ballot papers that should be subtracted from the total gaining vote of the candidate pair A and s is the number of invalid ballot papers that should be subtracted form the total gaining vote of the candidate pair B. This type of a hidden crime some time can be detected by the statistic but some time can not. The detectable hidden crime can be analyzed by Chi-Square formula. This paper provide a simulation how to detect these type of hidden crime. We use the Chi-Square formula, with 0.05 level of significance, to detect these hidden crime. The paper begin with the simulation how to increase the gaining votes at least 30,01 %.
Tafsir Hakim Terhadap Unsur Melawan Hukum Pasca Putusan MK Atas Pengujian UU PTPK
Authors: Latif Abdul 
Published: July 2022

PENDAHULUANUnsur melawan hukum dalam perkara korupsi merupakan hal yang penting dan menentukan untuk adanya suatu tindak pidana korupsi yang harus dipertanggungjawabkan, baik tanggung jawab jabatan maupun tanggung jawab pribadi. Konsekuensi tanggung jawab peribadi berkaitan dengan tanggung jawab pidana. Menurut Philipus M. Hadjon,117 tanggung jawab jabatan, difokuskan pada legalitas tindakan dengan parameternya peraturan perundang- undangan dan asas-asas umum pemerintahan yang baik. Sedang tanggung jawab pribadi, difokuskan pada perlakuan atau perbuatan tercela dalam konteks tanggung jawab pidana, yakni tanggung jawab atas perbuatan yang tidak patut dilakukan dengan cara melawan hukum, karena itu bertentangan dengan rasa keadilan dan norma- norma sosial yang berlaku dalam kehidupan masyarakat.
Menggagas Constitutional Complaint Dalam Memproteksi Hak Konstitusional Masyarakat Mengenai Kehidupan dan Kebebasan Beragama Di Indonesia
Authors: Krisdanar Vino Devanta Anjas 
Published: July 2022

Social needed of Indonesia people about Constitutional Complaint is urgent and must be held as an effort to protect constitutional rights of Indonesian people itself. The application of a concept without adaptation of new system to original system will make disorder the original system that has been used in Indonesia Law System. No many changes in adaptation of Constitutional Complaint to law system of Indonesia. The effort to protect constitutional rights of Indonesian people in life and freedom of religion must be selected carefully. Government has a duty to protect the society form deviate conviction that indicated can destroy the peace of society or hurt the other religion. For that case, Constitutional Complaint can’t be used as a mechanism to protect the deviate conviction for the reason to protect the life and freedom of religion. The mechanism of Constitutional Complaint as an authority of Constitutional Court first must held the socialization to all Indonesian people in order to the closeness between Indonesia people and Constitution of Indonesia.
Pelanggaran Sistematis, Terstruktur dan Masif: Suatu Sebab Pembatalan Kehendak Rakyat dalam Pemilihan Kepala Daerah Tahun 2010
Authors: Junaidi Veri 
Published: July 2022

PendahuluanMahkamah Konstitusi (MK) memiliki kewenangan dalam penyelesaian perselisihan hasil pemilu kepala daerah (pemilukada)1. Kewenangan tersebut muncul setelah perubahan ketiga atas Undang-Undang Nomor. 32 Tahun 2004 tentang Pemerintahan Daerah (UU Pemda). Undang-Undang Nomor. 12 Tahun 2008 hasil perubahan UU Pemda secara eksplisit memberikan kewenangan kepada MK dalam penyelesaian perselisihan hasil pemilukada. Pasal 236 menyebutkan bahwa dengan diundangkannya UU No. 12 Tahun 2008 maka kewenangan Mahkamah Agung (MA) dalam menyelesaikan perselisihan hasil pemilukada diserahkan kepada MK. ...
Pengujian Peraturan Perundang-Undangan dalam Sistem Peraturan Perundang-Undangan Indonesia
Authors: Aziz Machmud 
Published: July 2022

PENDAHULUAN1. Pengertian PengujianPengertian Kata “Pengujian” (toetsing/review) dalam konteks tulisan ini adalah pengujian undang-undang (UU) dalam arti luas yaitu dalam arti formal dan material, sedangkan pengujinya (lembaganya) tidak hanya lembaga peradilan saja melainkan juga lembaga legislatif dan/atau ekskutif. Khusus untuk mengetahui apa yang dimaksud dengan pengujian UU melalui lembaga peradilan(judicial review) kita lihat dalam Kamus Hukum. ...
Implikasi Putusan Mahkamah Konstitusi Nomor 22-24/PUU- VI/2008 terhadap Kebijakan Affirmative Action Keterwakilan Perempuan di DPRD Provinsi dan kabupaten/kota se-Daerah Istimewa Yogyakarta
Authors: FH UII Pusat Studi Hukum Konstitusi 
Published: July 2022

The research concluded, first, The Constitutional Court decision number 22-24/PUU-VI/2008 give the positive implications of affirmative action policy of women representation in the provincial parliament and regency/town in Yogyakarta, because every legislative candidates have equal opportunity to fight to obtain a majority vote in 2009 legislative elections. Second, when Law no. 10 year 2008 still use a list of serial numbers, women’s position in the list of candidates a majority in the lowest sequence number, the result difficult for female candidates to gain seats as if his voice does not reach the number of automatic splitter sounds will be given to the serial number on it, but with a majority vote model , greater opportunities for female candidates was elected. Third, women representation in the provincial parliament Daerah Istimewa Yogyakarta (DIY) increased when compared with the results of the election of 2004, from 9 seats in 2009 elections to 12 seats, so there is an increase of 33%. in Gunung Kidul district legislature also increased the number of seats of women when compared with the acquisition of seats in the elections of 2004, from a seat in the 2009 election to 6 seats, so there is 500%. Sleman district legislature in the 2004 elections the number of women seats and as many as 6 seats in the 2009 election to 8 seats. So the increase of about 33%. in Yogyakarta city parliament also increased the number of seats in 2004 elections from 5 to 6 seats in 2009 elections. Thus, there is an increase of 20%. Kulonprogo parliament,the seats for women who gained in the 2004 elections and are 4 seats in the 2009 election into 4 seats so that there is an increase of 25%, and in Bantul Regency 2004 election results there are only 5 seats for women, in the 2009 election to 6 people or up 20%. Fourth, the concern that the ruling number 22-24/PUU-VI/2008 inhibit affirmative action policy has not been proven in Daerah Istimewa Yogyakarta (DIY), because the acquisition of women’s seats in parliament and city districts in Daerah Istimewa Yogyakarta (DIY) even more increased when compared to the acquisition in 2004 election.
Telaah Kritik Atas Putusan Mahkamah Konstitusi dalam Perkara Perselisihan Hasil Pemilukada Provinsi Jawa Timur
Authors: Ekatjahjana Widodo 
Published: July 2022

Decision of Constitutional Court of Number 41/PHPU.D-VI/2008 is a controversial judicial decison in practices of Constitutional Court in Indonesia. The decison had legal basis of Law of Number 18 of 2008 that against formally with the Constitutions of 1945. Nevertheless, in fact, inconstitutional practice of the court system has taken legitimacy source of convention. It is very important for development of constitutional law enforcement in Indonesia, that the decision was not only show how the Constitutional Court improves its constitutional authorities to handle disputes of regional head election result in Indonesia, but also that was first time how the Constitutional Court has brought its justice paradigm change toward process of substantial justice and law enforcement.
Kejujuran dalam Bingkai Hak Memilih-Dipilih (Pelajaran dari Pemilukada Bengkulu Selatan)
Authors: Ghoffar Abdul 
Published: July 2022

This article discusses two decision of the Constitutional Court. First, the Constitutional Court Decision No. 57/PHPU.D-VI/2008 on Election Dispute of Regional Head of South Bengkulu, which disqualify the candidate elected, Dirwan Mahmud, because it proved to be dishonest if he had been sentenced 7 years in prison, to the detriment of the rights of citizens to choose obtain correct information about the future leaders will be chosen. Second, the Constitutional Court Decision No. 4/PUU-VII/2009 about the review of Article 12 sub-article g and Article 50 paragraph (1) sub-article g election law, and Article 58 sub-article f Local Government Act, which gives the right choosen to convict (common criminal) after five years sentence expired with the condition that he honestly convey to the public if he is a former convict. This paper focuses on the importance of honesty in the implementation of the right to vote and be elected citizens.
Suara Terbanyak dan Kualitas Anggota DPRD Provinsi DIY (Implementasi Putusan MK No. 22-24/ PUU-VI/2008 dalam Pemilu 2009)
Authors: FH-Universitas Muhammadiyah Yogyakarta Pusat Kajian Konstitusi dan Pemerintahan 
Published: July 2022

The implementation of the Constitutional Court Decision No. 22-24/ PUU-VI/2008 about counting majority votes in 2009 legislative elections in the province of DIY has a significant effect. considering the system used in the vote count to determine the members of both national and local legislatures are new and very different from previous elections. However, these effects are not caused major problems, because before the election day, the decision has been disseminated by each political party internally and implemented by Electoral Commission. Although the Constitutional Court decision issued after a waiting list of legislative candidates have been announced by the KPU.