Constitutional Court Decision Number Research Articles

Constitutional Values And Judges Morals In The Decision of The Constitutional Court Number 90/PUU-XXI/2023: Review of The Flow of Natural Law

The decision of the Honorary Council of the Constitutional Court stated that the Constitutional Court judges who examined case Number 90/PUU-XXI/2023 were proven to have violated the right to refuse. The right to refuse is part of the independent and impartial principle of the Constitutional Court. There has been a conflict of interest between the norms being tested and the Constitutional Court judges. Conflicts of interest are constitutional and moral violations. What are the juridical consequences of Constitutional Court Decision Number 90/PUU-XXI/2023 which violates the constitution and morals from the perspective of natural law philosophy? This research uses a normative juridical research method with a conceptual approach, a statutory approachs and a case approach. The results of the discussion have found that in the MKMK decision that the judge consciously and deliberately ignored constitutional principles regarding the right to refuse in Law Number 48 of 2009 concerning Judicial Power. Overruling the right to refuse is tantamount to overruling constitutional principles. Judges place constitutional values in practice as semantic values. Apart from that, there was a moral violation which was assessed by the lack of awareness not to review case Number 90/PUU-XXI/2023 due to a conflict of interest. Awareness comes from conscience and is closely related to integrity, independence and impartiality. The integrity of judges as enforcers and guardians of the constitution is at stake. Moral and legal principles in the constitution are two things that go hand in hand in natural law philosophy.

Putusan Mahkamah Konstitusi Nomor 85/PUU-XX/2022: Badan Peradilan Khusus Perkara Perselisihan Hasil Pemilihan Gubernur, Bupati dan Walikota

The purpose of this research is to determine and analyze the balance of Constitutional Court Judges in Decision Number 85/PUU-XX/2022 and the legal implications of Decision Number 85/PUU-XX/2022 on special courts for resolving disputes over election results. The research issues include: 1) What are the considerations of Constitutional Court Judges in Decision Number 85/PUU-XX/2022? 2) What are the legal implications of Decision Number 85/PUU-XX/2022 on special courts for resolving disputes over election results? The research method used in this thesis is normative juridical, meaning the research starts from legal issues by analyzing legal problems through legislation, literature, and other reference materials. This thesis employs several approaches, including legal approach, conceptual approach, and case approach. The results of the discussion in this study indicate that: 1) Legal considerations underlying the Constitutional Court Decision include the absence of a special court designated by the President/Government and the DPR to handle disputes over the results of regional head elections, fundamental changes to Article 157 in three amendments to the Regional Head Election Law; the history of the development of authority in resolving disputes over election results in the Constitutional Court; and the elimination of differences in the election regime for both general elections and regional head elections. 2) The implication of constitutional Court Decision number 85/PUU-XX/2022 are, firstly, it removes the role of special judicial bodies in handling disputes over regional elections results” Secondly, there is inconsistency in the Constitutional Court’s decisions, as it previously mandated that settling regional election disputes (PHPUD) is not within the authority of the Constitutional Court. Thirdly, there is a pilin gup of election-related cases in the Constituional Court.

The Character of Legal Products in Indonesia: A Study of Changes to the Marriage Law from a Political-Law Perspective

Politics and law are two variables that can influence each other in a legal system. Legal politics is a form of state policy carried out through authorized state institutions to establish the desired regulations, which are expected to be used to express what is contained in society and to achieve the desired goals. This research aims to examine the character of statutory legal products, namely the character of legal products of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. This research is normative legal research which makes norms the object of study using a legal approach analyzed using legal political theory. The data collection technique used is literature study. Research findings show that in general the character of the legal product of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage is responsive in view of the birth of the law. However, the provisions of Article 7 paragraph (2) of Law Number 16 of 2019 do not show a responsive or conservative character. The provisions in this article are not in accordance with the spirit of change based on Constitutional Court Decision Number 22/PUU-XV/2017 and seem ahistorical. Theoretically, the conservative character in legal politics is a legal product that is not democratic, different from responsive legal products, namely legal products that accommodate a variety of opinions. Other findings show that there is no judicial institution that has the authority to check the consistency between the provisions of one article or paragraph and another in one form of legal product.

Analisis Hukum Islam terhadap Penetapan Hukum Hakim tentang Perkawinan Beda Agama di Indonesia dalam putusan Nomor: 12/Pdt.P/2022/PN. Ptk

This research focuses on analyzing the legal of islam basis of the judge's considerations in Court Determination Number: 12/Pdt.P/2022/Pn. Ptk, and the legality of interfaith marriages are reviewed from Law Number 1 of 1974 concerning marriage, as well as the law regarding court decisions regarding interfaith marriages. The type of research used is qualitative research. This research uses primary and secondary data. The data collection method in this research uses library research. Based on research conducted, it is known that the judge referred to Article 35 of Law number 23 of 2006 concerning Population Administration which states that marriage registration applies to marriages determined by the court, so that the judge interprets the meaning of the marriage determined by the court to be an interfaith marriage. Law Number 1 of 1974 concerning Marriage states that marriage is valid based on the rules of religious law, but if an interfaith marriage is carried out outside the jurisdiction of Indonesia and its registration is considered valid. The legal implications that arise as a result of this court decision are the status and position of children. It is recommended that judges in taking considerations not only refer to one interpretation, but also look at other legal considerations such as the Constitutional Court decision Number 68/PUU-XII/2014 in the petition for Review of Law Number 1 of 1974 concerning Marriage which clearly rejects be firm regarding interfaith marriages, and use considerations based on other laws. To the DPR and the Government to immediately revise the Marriage Law by strengthening the prohibition on interfaith marriages in order to eliminate the legal vacuum. To society, interfaith marriages should not be carried out.

Juridical Analysis of Constitutional Court Decision Number 20/PUU-XXI/2023 Concerning Judicial Review by the Prosecutor's Office in Criminal Cases in Indonesia

Juridical Analysis of Constitutional Court Decision Number 20/PUU-XXI/2023 Concerning Judicial Review by the Prosecutor's Office in Criminal Cases in Indonesia

Criminal Law Policy Regarding Insults of the President and Vice President in Law No. 1 Year 2023

This research aims to analyze the constitutional court's considerations in decriminalizing the formulation of the article on insulting the president and vice president in the Criminal Code and to analyze criminal law policy regarding the urgency of the article on insulting the president and vice president in Law No. 1 of 2023. Using normative legal research methods. The results of this research are that criminal policy, like public policy in general, must basically be a rational policy, one measure of the rationality of criminal law policy, among others, can be linked to the usefulness and effectiveness in making a rule so that it becomes a measure of rationality placed on the problem of the success or effectiveness of the criminal in achieving his goals. The regulation of the substance of the formulation of articles on insulting the president and vice president in Law No. 1 of 2023 is not in accordance with the spirit of the Constitutional Court decision Number 013-022/PUU-IV/2006 which states that Article 134, Article 136 bis, and Article 137 of the Criminal Code do not have binding legal force. Apart from that, the Constitutional Court has ordered not to re-regulate the offense of insulting the president and vice president in any law, because it is considered to hamper or reduce the freedom of freedom to express opinions both orally and in writing as regulated in the constitution (1945 Constitution) which is stat fundamental norm.

Contante Justitie System in Corruption Cases in Indonesia: A Legal Constructivism System Paradigm

The legal consequences of Constitutional Court Decision Number 25/PUU-XIV/2016 stating that Law Number 31 of 199 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes which is contrary to the 1945 Constitution and specifically deletes the phrase "can" in Article 2 paragraph (1) and Article 3 of the Eradication of the Criminal Act of Corruption Law have a legal impact on the characteristics of the offense. This was normative legal research which uses a statutory and conceptual approach. Results showed that the Financial Audit Board's future arrangements can fulfill the principle of Contante Justitie, namely speeding up the investigative examination process. It was applied by delegating authority from the Central BPK to the Regional BPK Representative auditors so that the latter have independent investigative audit authority to speed up the investigative Audit Result Report process in handling corruption to fulfill the legal system constructivism concept.

Perlindungan Hukum terhadap Kreditur Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019

After the Constitutional Court decision Number 18/PUU-XVII/2019, the execution of fiduciary collateral created a sense of injustice and lack of legal certainty for creditors as money lenders. This decision eliminates the Creditor's authority to execute fiduciary collateral objects, as previously stated in article 15 paragraph 3 of the fiduciary law. As a result, the Creditor experienced problems in executing the fiduciary guarantee object after the Debtor failed to fulfil its obligations. The purpose of this writing is to find out what the ideal form of legal protection for Creditors is after the Constitutional Court decision Number: 18/PUU-XVII/2019. The research method used in this research is normative juridical, which only focuses on legal materials using a conceptual approach and a statutory approach. The results of this research are Constitutional Court Decision Number: 18/PUU-XVII/2019 which has made the fiduciary law lose its role as the law establishing fiduciary guarantee institutions. Fiduciary guarantee certificate has lost its identity because the executorial power over the object of fiduciary guarantee which is considered to be the same as the district court decision no longer applies if the Debtor does not voluntarily hand over the object which is the object of fiduciary guarantee to the Creditor.

Hegemony of Political Parties and Regional Political Oligarchy

This study aims to delve into the prevalence of single candidates participating in regional elections across various regions following the Constitutional Court Decision Number 100/PUU-XIII/2015. It explores how political party elites and oligarchs strategically maneuver to either maintain or acquire power. Specifically focusing on Boyolali Regency, this research employs a qualitative descriptive approach to uncover the underlying causes behind the emergence of a single candidate. The findings reveal the significant influence of hegemonic forces wielded by major political parties over smaller ones, orchestrated by oligarchs. Importantly, the study highlights that this hegemonic dominance is not driven by factors such as religious majority affiliations with political parties but rather emerges as a purely oligarchic endeavor aimed at controlling both the nomination process and victory outcomes of single candidates.

Tinjauan Fiqh Siyasah Terhadap Putusan Mahkamah Konstitusi No. 90/PUU-XXI/2023 Tentang batas Usia Capres dan Cawapres

The Constitutional Court in Decision Number 90/PUU-XXI/2023 examines the qualifications stipulated in Article 169 letter (q) of Law Number 7 of 2017 concerning the General Elections for the President and Vice President Candidates. This study aims to examine how the interpretation of Fiqh Siyasah relates to the Constitutional Court Decision No. 90/PUU-XXI/2023 regarding the age limits of presidential and vice-presidential candidates. The research method used in this journal is normative juridical research techniques. The research findings show an analysis of Siy?sah qa?h?'iyyah's assessment of Constitutional Court Decision Number 90/PUU-XXI/2023 regarding the age limits of presidential and vice-presidential candidates. This can be equated with the authority of Wil?yah al-ma?h?lim in addressing injustices, arbitrariness, and abuse of authority by the authorities towards their society. Provisions regarding the inability of the Constitutional Court (MK) to decide on matters related to family interests must be more precisely and firmly regulated in relation to such issues. Solutions to Constitutional Court decisions (MK) due to violations of the code of ethics or legal issues are needed. Legal efforts must include improvements by the People's Representative Council (DPR) or reconsideration by the Constitutional Court (MK), excluding judges who have violated the code of ethics. Constitutional Court Decision Number 90/Puu-XXI/2023 which imposes age limits on presidential and vice-presidential candidates is considered to violate the Code of Ethics of the Constitutional Court.

The Influence of Power on Decisions Constitutional Court (MK) Concerning the Age Limit for Vice Presidential Candidates in 2023

There are so many irregularities in the Constitutional Court's decision Number 90/PUU-XXI/2023 regarding the age limit for presidential candidates. The author suspects that there is interference from the ruling elite who have an interest in maintaining the current power status quo. The analysis of this writing will be dissected using an understanding of elite theory and patterns White Collars Criminal. Jokowi and the current ruling elite group have an interest in remaining is within the scope of power. Meanwhile, regulations to continue being in power no longer provide space. Therefore, Jokowi and his group need to extend their hand in the circle of power in the future after he steps down, through legal manipulation so that his son can advance as a state official. Jokowi's efforts together with other elite groups behind this political attitude that is contrary to democratic values, is suspected to be an inevitability that can arise from those in power. The state government's grip on power, which has been going on for almost a decade, is starting to show that it is mentally and psychologically unprepared for its end. This pattern of efforts has led to a series of irregularities in political and legal events over the past year or so. In the end, it all boils down to Gibran's official step forward as vice presidential candidate. This article was written using a qualitative approach with descriptive analysis methods. The data collection technique used is literature study, which is related to theoretical studies and several references.

Masalah Batas Usia Calon Presiden dan Calon Wakil Presiden: Studi Open Legal Policy dalam Putusan MK No. 90 90/PUU-XXI/2023

Judicial review of Article 169 letter (q) of Law No. 7/2017 on General Elections resulted in 2 different decisions, namely the decision was rejected and the decision was granted. Case Number 90/PUU-XXI/2023 is a decision that was granted by the Constitutional Court. As a result of the granting of the judicial review, it caused uproar in the community, as well as the Article A quo is part of an open legal policy. The purpose of this research is to find out the Constitutional Court Decision Number 90/PUU-XXI/2023 on the testing of articles that are open legal policy by comparing previous Constitutional Court decisions. The research method used is normative juridical research. The result of the research is that judicial review cases with laws that are open legal policies are not the domain of the Constitutional Court to decide to grant, because the open legal policy is the domain of the legislature and the executive. The Court has indeed independence in deciding cases, but the Court also has the independence not to do something about the case. The Constitutional Court as the guardian and interpretator of constitutions must be actually implemented by the Constitutional Court Judges not only as a designation but different implementation.

Resolution of Disputes Over The Regional Head Elections Post The Constitutional Court Decision Number 85/PUUXX/2022 Regarding The Implementation of Simultaneous Regional Elections in Indonesia

Constitutional Court Decision Number 97/PUU-XI/2013 which in its consideration states that the Constitutional Court cannot add authority that is not contained in the 1945 Constitution, so that the Constitutional Court Decision Number 85/PUU-XX/2022 remains conditional Constitutional authority considering The Lawmakers also did not draft a special law as intended in the Constitutional Court Decision Number 97/PUU-XI/2013. The problems are (1) What are the implications of the Constitutional Court Decision No. 97/PUU-IX/2013 after the enactment of Law no. 10 of 2016 concerning the Election of Regional Heads on the Implementation of Regional Elections in Indonesia?; (2) What is the impact of resolving regional election disputes after the Constitutional Court Decision No. 85/PUU-XX/2022?; (3) What is the ideal institutional model for resolving setbacks in regional head election results? To answer this problem, a comprehensive study is needed, namely examining the 1945 Constitution, Law N0.10 of 2016, Constitutional Court Decision Number 7273/PUU-II/2004, Constitutional Court Decision Number 97/PUU-XI/ 2013, Constitutional Court Decision Number 85/PUU-XX/2022. Research Results: (1) The authority to examine and decide on the voting results of regional head elections is carried out as long as there is no special court, in order to provide legal certainty in resolving disputes over the results of simultaneous regional heads in 2024. (2) Look at the stages of regional head elections that have been advanced and have not yet been brought forward. (3) Model The ideal institution for resolving disputes over regional head election results must be a special ad hoc judicial body.

THE EXISTENCE OF AN EMERGENCY SITUATION WITH COMPELLING URGENCY BASED ON THE FORMULA OF THE ARTICLE OF THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA

<span lang="EN-US">The meaning of a state of emergency with a compelling urgency is very dependent on the meaning of the President's interpretation, because the President has the authority to determine when something is considered a state of emergency and when something is considered a state of urgency which causes this situation to create no legal certainty in determining a state of emergency or urgency coercive because everything really depends on the interpretation of the authority taken by a President based on his own legal interpretation because the 1945 Constitution of the Republic of Indonesia gives this authority to the President, while the 1945 Constitution of the Republic of Indonesia does not provide clear boundaries as to what is the definition of a state of emergency with a coercive urgency. This Research used Qualitative research methods. Qualitative research methods using normative juridical and empirical juridical approaches using primary data and secondary data. The result shows that State of emergency includes war emergency, military emergency and civil emergency which are based on situations that have actually occurred or are objective while for compelling emergencies based on the subjective circumstances of the president, with the standards set out in the Constitutional Court Decision Number 138/PUU-VII/2009. Determination of a state of danger which is the implementation of Article 12 of the 1945 Constitution of the Republic of Indonesia from 1946-2018 is contained in 12 laws and the urgency that compels the implementation of Article 22 of the 1945 Constitution of the Republic of Indonesia from 1960-2020 is contained in 134 Perppu issued by the President.</span>

Ownership Of Flat Units For Foreigners In The Agrarian Legal Order

<em>The aim of the research is to describe apartment units associated with investment in the property sector for ownership of apartment units for foreign citizens in Indonesia by paying attention to land rights in Indonesia, so that there is no disharmony with positive law in Indonesia. The research method uses a normative juridical legal research type. The approaches used include the statutory approach, conceptual approach, analytical approach. An analytical approach is carried out by analyzing legal material to find out what is contained in the terms used in a legal regulation conceptually, as well as understanding the regulation in practice. The results of the research are that in the UUPA there are several types of land rights, namely: (1) Ownership rights; (2) Cultivation rights; (3) Building use rights; (4) Use rights; (5) Rental rights; (6) The right to open land; (7) The right to collect forest products; (8) Other rights which are not included in the rights mentioned above will be determined by law as well as temporary rights as stated in Article 53 of the UUPA. After the enactment of Law 11/2020, the regulation of ownership of condominium units for foreigners is specifically regulated in Part Four of Land Paragraph 3 Condominium Units for Foreigners, as intended in the provisions of Articles 143 to 145. In its development to implement Constitutional Court Decision Number 91/PUU-XVIIl2020, improvements need to be made by replacing Law Number 11 of 2020 concerning Job Creation (Letter f, Considering section, Law Number 6 of 2023), as promulgated in Law Number 6 of 2023 concerning Determination of Regulations The Government Substitutes Law Number 2 of 2022 concerning Job Creation into Law (hereinafter referred to as Law 6/2023)</em>

Antinomy of Biological Father's Liability to Out-of-Marriage Children in Notary Deed

Constitutional Court Decision Number 46/PUU-VIII/2010 impacts the position of a child out of wedlock. With the enactment of the decision, a legal relationship arises between the child out of wedlock and his biological father. This article discusses the position of children out of wedlock after the decision is made and how the decision is applied in a notarial deed. The method used in this study is the normative legal method, in which research analyzes norms, laws, regulations, and legal theory related to applying the abovementioned decisions in the context of civil relations of illegitimate children in a notarial deed. Constitutional Court Decision Number 46/PUU-VIII/2010 shows that it cannot be directly applied as a basis for kinship relations between illegitimate children and their fathers. However, this relationship can be recognized through a court decision taking into account science and technology and other relevant evidence.

REVIEW OF REVERSIONARY RIGHTS IN THE SOLD-FLAT AGREEMENT OF SONG CREATION ASSOCIATED WITH LAW NUMBER 28 OF 2014 ON COPYRIGHT

The copyright reversion provision or known as reversionary right contained in Article 18, 30, and 122 Law of the Republic Indonesia Number 28 of 2014 on Copyright is a legal substance that has been regulated by various countries in the world. This provision is intended to provide justice for creators whose rights are often violated in the implementation of copyright transfer agreements with a sold-flat mechanism. Indonesia Copyright Law is not specifically determined an implementing rules or guidelines to exercise this rights of reversions provisions. In its application, there have been rejections from record producer company such as in the case of Constitutional Court Decision Number 63/PUU-XIX/2021. This article is placed to review the implementation of reversionary rights provisions in Indonesia by analyzing national dan international provisions and court decisions with normative juridical methods and comparative law, as well as analytical and exploratory descriptive approaches. The implementation of reversionary rights provisions in Indonesia will raise challenges of weak legal understanding and disruption of rejection by record producers, which will weaken aspects of the implementation process. The provisions of the stages of the submission notifications process and documentation of reversionary rights in writing applied by the United States and the Netherlands can be something that Indonesia develops in strengthening the implementation process of reversionary rights provisions. To exercise and enforce their reversion rights, songwriters can renegotiate the agreement with the record producer, file for compensation with the commercial court, or also join the Collective Management Organization.

Legal Consequences of Marriage Agreement that is Made After The Marriage Exists for Husband and Wife Who Have Debts

Marriage is a physical and mental bond between a man and a woman, hereinafter referred to as husband and wife. In marriage, there are married couples who make a marriage agreement. The Constitutional Court issued Constitutional Court Decision Number 69/PUU-XIII/2015 which states that a marriage agreement can now be made after a marriage has taken place. Debt arising in a marriage is very possible, this can be done by both husband and wife. The result of this research is that liability cannot be asked of the husband and wife if the husband or wife does not first agree to a credit agreement with collateral for joint property. This type of research is normative research that uses a statutory approach and uses primary legal sources and secondary legal materials. The legal material analysis technique used is qualitative analysis, namely discussing the legal material that has been obtained by referring to the existing theoretical basis.

Kedudukan Pemegang Polis dan Pekerja Dalam Hal Terjadinya Kepailitan Pada Perusahaan Asuransi

The aims of this study are 1) to find out and analyze the legal position of policy holders and workers according to laws and regulations in Indonesia, 2) to find out and analyze the regulations regarding protection for policy holders and workers who have provided legal protection or vice versa. This research uses normative juridical research methods with statutory and conceptual approaches. Based on the research results obtained, it can be seen that the position of policy and workers holders in insurance companies that are declared bankrupt through decisions determined by the commercial court is as preferred creditors. In this case, there is a conflict regarding the fulfillment of the rights of policy holders and workers, so to resolve the problem of conflict, legal principles are needed. In this case, the principle of lex posterior derogat legi priori is used, namely that new laws and regulations override old laws and regulations. The Insurance Law is a longer statutory regulation than the Job Creation Replacement Law, so the position of workers in insurance companies that are declared bankrupt has a higher position than the position of policy holders. In terms of the order of fulfillment of rights between the policy holder and the worker, the worker must be paid first. The forms of legal protection for policy holders are regulated in the Civil Code, POJK Insurance and Marketing of Insurance Products, OJK Law, Consumer Protection Law, Bankruptcy and PKPU Law, and Insurance Law. Legal protection for workers is regulated in the Civil Code, Bankruptcy and PKPU Law, PP on Wages, Job Creation Replacement Law, and Constitutional Court Decision Number 67/PUU-XI/2013.

Legal Position on The Concept of Civil Relations with Respect to Out of Wedding Children

Analyzing the position or legal status of illegitimate children from a Civil Law perspective and analyzing whether or not illegitimate children have the right to inherit from their biological father. Theoretically, the results of this research can be useful and contribute ideas to society in understanding what is meant by the relationship with the legal position of illegitimate children in the concept of civil law. Practically, it can provide input for legal practitioners so that it can be used as a basis for thinking in terms of the legal position of illegitimate children in the concept of civil law. The first research result obtained is to know the position of illegitimate children in a civil law perspective which is divided into 2 (two), namely children who are born out of wedlock, but can be recognized in an authentic way and children who are born out of wedlock but cannot be recognized. The second research result is that illegitimate children who have received recognition from their biological father have the right to inherit from their biological father based on Constitutional Court Decision Number 46/PUU-VIII/2010 which decides that Article 43 Paragraph (1) of the Marriage Law which must then be read with "children born out of wedlock only have a civil relationship with their mother and their mother's family and with a man as their father who can be proven based on science and technology and/or other evidence according to law to have a blood relationship, including a civil relationship with their father's family ”. However, the distribution measurement still refers to the Civil Code.