Decision Of Constitutional Court Research Articles

PEMAKNAAN REZIM PEMILU PASCA PUTUSAN MK NOMOR 55/PUUXVII/2019

The legal basis for transferring regional head election dispute resolution is regulated in article 236C of Law no. 12 of 2008 concerning amendments to Law no. 32 of 2004 concerning Regional Government. This is based on the transfer of election status from the Regional Government regime to the Election Regime. The change in status from Pilkada to Election regime has implications for the transfer of authority in resolving disputes from the Supreme Court to the MK. As regulated in article 1 point 4 of Law no. 22 of 2007 concerning General Election Organizers which states that the Election of Regional Heads and Deputy Regional Heads is an election to elect regional heads and deputy regional heads directly in the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia. From this statement there is an important question regarding the alleged norm dispute between Law no. 22 of 2007 concerning Election Organizers with the 1945 Constitution, because article 22E paragraph (2) of the 1945 Constitution states that General Elections are held to elect members of the People's Representative Council, Regional Representative Council, President and Vice President, and Regional People's Representative Council. So from these two articles it can be seen that there is an indication of inconsistency in the law makers regarding election terminology as regulated in the 1945 Constitution. In the Constitutional Court decision no. 55/PUU-XVII/2019, the Constitutional Court presented a number of other examples of new simultaneous elections which include regional elections in the simultaneous flow. In the Constitutional Court decision no. 55/PUUXVII/2019 was not included in the election regime because it can be seen from the Constitutional Court Decision No. 48/PUU-XVII/2019 and Constitutional Court Decision No. 55/PUU-XVII/2019 where the Constitutional Court did not respond to the theory of regime segregation initiated by the Constitutional Court in Constitutional Court Decision No. 97/PUU-XI/2013. In Constitutional Court Decision No. 55/PUU-XVII/2019 does not want to be trapped in using the regime separation line of thinking again and instead provides a new idea, namely the simultaneity of elections, namely National Elections and Local Elections (which include Regional Elections).

Succession of Regional Heads Based on Kinship Relations Judging Concept of the Pancasila Legal State

<p>This research aims to examine in depth the existence of succession for Regional Heads using kinship relations in terms of the concept of the rule of law and formulate the implications of succession for Regional Heads based on kinship relations for the implementation of government duties in the region in the context of the rule of law. Indonesia, as stated in its constitution, adheres to the concept of a rule of law, this is attached to Article 1 paragraph (3) of the 1945 Constitution "Indonesia is a rule of law". One indicator of the application of the concept of the rule of law in a sovereign state is the limitation of power in administering the state. The problem studied in this research is related to how the succession of Regional Heads is related to kinship relations in terms of the concept of the rule of law. The research method used in this research is normative juridical, where the author examines through literature study and analyzes based on various relevant literature. Succession of Regional Heads based on kinship relations in Indonesia has recently become a disturbing phenomenon. As an effort to limit the existence of dynastic politics, this has been done by issuing "Law Number 8 of 2015 concerning Amendments to Law Number 1 of 2015 concerning the Determination of PERPPU Number 1 of 2014 concerning the Election of Governors, Regents and Mayors, especially in Article 7 letter r" However, this provision was canceled by the Constitutional Court with the issuance of "Constitutional Court Decision Number 33/PUU-XIII/2015". So, the absence of regulations that provide restrictions on this phenomenon has caused the succession of Regional Heads based on kinship relations to become a bad precedent in state administration Rampant updates to this research are expected by the government and the DPR to issue regulations that place restrictions on incumbents being involved in conflicts of interest in the succession of regional heads who have kinship relationships</p>

Application of the Naive Bayes Algorithm in Twitter Sentiment Analysis of 2024 Vice Presidential Candidate Gibran Rakabuming Raka using Rapidminer

In the current era of digital democracy, social media sentiment analysis has become a relevant method for understanding public views of political figures. As one of the leading social media platforms, Twitter provides a public space for sharing opinions and expressions regarding political issues. This research aims to classify and measure the accuracy of people's responses to the positive and negative sides. Sentiment analysis was carried out using the Naïve Bayes method using a dataset of 3223 tweets. The final results of this research show that implementing the Naïve Bayes Method in sentiment analysis regarding political dynasty polemics, especially regarding the 2024 Cawapres Gibran Rakabuming Raka, provides an accuracy value of 82.19%. Of the 1696 negative and 112 positive sentiments predicted, there were 462 harmful and 953 positive predicted data. These results indicate that most public responses tend to be detrimental to the Constitutional Court's (MK) decision, which grants political legitimacy to Gibran Rakabuming Raka as the 2024 vice-presidential candidate.

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

In the practice of criminal justice in Indonesia, judicial review efforts are an interesting problem to study because, in the development phase, there is a tug-of-war of interests between the defendant or his heirs and the public prosecutor. The presence of Constitutional Court Decision Number 20/PUU-XXI/2023 ends the debate and legal uncertainty for justice seekers. In this research, the author used a normative juridical approach. The approaches used were the Law approach, Case Approach, and Conceptual Approach. There are several problem formulations in this research: 1) what is the rationale for the decision of the Constitutional Court Number 20/PUU-XXI/2023?; 2) What are the arrangements for judicial review after the Constitutional Court decision Number 20/PUU-XXI/2023. Research Results of problem formulation number 1). According to the Court's consideration, requests for judicial review in criminal cases are the right of the defendant and his heirs, and the addition of the authority of the prosecutor to carry out judicial review efforts does not provide legal certainty and justice. Previously, the court in 2016 decided on a case regarding judicial review efforts, in which the court considered that the essence of a judicial review is the rights of the defendant and his heirs. 2) After the Constitutional Court Decision Number 20/PUU-XXI/2023, the public prosecutor cannot submit a judicial review effort in a criminal case; legally, when the prosecutor makes a judicial review effort in a criminal case, it is invalid/abash. With the decision of the Constitutional Court number 20/PUU-XXI/2023, it is reaffirmed that only the defendant and his heirs can submit a judicial review effort.

Age Limit for Presidential Capres/Cawapres (Legal Analysis of MKRI Decision No. 92/PUU-XXI/2023)

This study is a normative juridical research, which is a research method by examining library materials in the form of secondary data which will be analyzed qualitatively to achieve clarity regarding the decision issued by the Constitutional Court regarding the age limit of Presidential and vice presidential Candidates from the law of the Republic of Indonesia decision no. 92/PUU-XXI/2023. This research aims to analyze in depth the legal aspects related to the decision, including its relation to Law Number 7 of 2017 concerning the Election of Age Limits for Candidates for President and Vice President. The results of this in-depth analysis are expected to provide a comprehensive understanding of the legal implications of the Constitutional Court's decision in the context of the Indonesian constitutional system. Thus, this research is expected to contribute to the understanding and analysis of legal issues relevant to the Indonesian constitutional system.

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.

The ‘no greater rights’ principle: heading to a new Calvo Clause?

Abstract Recently, the very developed countries that championed the spread of international investment agreements began to challenge these treaties on the grounds that they afford foreign investors with greater rights vis-à-vis domestic investors and thus violate the constitutional principle of equality. This represented, under the banner of the ‘no greater rights’ principle, the resurgence of a once fiercely opposed doctrine of international law that originated in Latin America during the XIX century: The Calvo Doctrine. This contribution seeks to establish the actual breadth and significance of this new Calvo Doctrine. It concludes that the ‘no greater rights’ has a political, rather than a legal meaning, and is thus generally unsuitable to assure the desired equality between foreign and domestic investors. It also reveals that a recent decision of the Colombian Constitutional Court may give the ‘no greater rights’ a new (more real) meaning, by reviving a forgotten by-product of the Calvo Doctrine, the Calvo Clause.

ISSUES OF LEGAL CERTAINTY AFTER THE ISSUANCE OF MINISTER OF MANPOWER REGULATION NO. 18 OF 2022 ON MINIMUM WAGE DETERMINATION FOR 2023.

In November 2022, the government issued Minister of Manpower Regulation No. 18 of 2022 concerning the Determination of Minimum Wage for 2023, despite already having regulations related to wages, namely Government Regulation No. 36 of 2021 concerning Wages. The emergence of this regulation is considered to cause legal uncertainty as there is already a government regulation on wages and it undermines the results of the constitutional review of the Job Creation Law, where the Constitutional Court's decision states that the Job Creation Law remains valid for the next 2 years and does not require additional regulations. This has led to legal uncertainty regarding wage regulations. The research method employed in this study is the normative legal research method, which involves examining literature or secondary data. The approach used included the statute approach, which analyzes all legislation and regulations related to the legal issues being addressed, and the conceptual approach, which stems from perspectives and doctrines within legal studies. The data used consisted of secondary data obtained through literature reviews and primary data obtained through interviews with respondents and relevant institutions. The results of this research are expected to provide answers to the dualism in legislation regarding wages, particularly for legal certainty for employers, workers, and investors. The determination of minimum wage is indeed crucial in the economic field, as it relates not only to the purchasing power of the society for wage increases but also to legal certainty needed by employers and investors, including the government's consistency in enacting legislation.

Do Adjectives Matter? Exploring the ‘Islamic’ in Constitutions and Constitutionalism(s)

Abstract This paper calls for a paradigm shift in the face of the remarkably common, but ultimately stereotypical and simplistic perceptions of ‘Islamic’ constitutions requiring all laws to conform to Shari’a. It problematizes the term ‘Islamic’ to describe disparate constitutions and constitutionalism(s) in Muslim majority countries demonstrating the plurality of ‘Islamic’ constitutions, locating this descriptor within varied socio-cultural, historical and political contexts of the Muslim world. Plural interpretations of the religious texts in Islam — i.e., the Qur’an and Sunna — and meanings of complex concepts — ‘Shari’a’ and ‘Islamic law’, are integral to Islam’s (legal) traditions. In Muslimmajority countries, a variety of constitutional texts, court decisions and state practices, demonstrate this plurality. We argue that use of ‘Islamic’ as a descriptor for heterogeneous constitutional texts, is a product of ‘realpolitik’ and deployed in this manner, un-nuanced, simplistic, and reductive of the dynamic and plural nature of Shari’a

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.

Quo Vadis Landasan Hukum Pengangkatan Penjabat Kepala Daerah

The Ministry of Home Affairs issued Permendagri No. 4 of 2023 as a legal basis for the appointment of acting regional heads. In fact, viewed from various aspects, the legal basis in the form of Permendagri is not sufficient and inappropriate to accommodate the needs of the mechanism for appointing acting regional heads. The research methods used in this study belong to the normative juridical type of research. The type of data used is secondary data, so the data collection uses literature studies. The data analysis method used is qualitative analysis. This article finds the problem of non-conformity in the formation of appointment regulations in the form of Permendagri, and finds several issues that will be discussed: First, the position of the Ministerial Regulation in the legal system in Indonesia. Second, Permendagri 4/2023 contradicts Article 86 Paragraph (6) of Law No. 23 of 2014 concerning Regional Government. Third, Permendagri 4/2023 ignores the recommendations of Constitutional Court Decision No. 67/PUU-XIX/2021. This article concludes that harmonization is needed in the issuance of technical regulations for the appointment of acting regional heads, so it is recommended to issue laws and regulations in the form of Government Regulations as mandated by the Constitutional Court and laws.

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 Philosophical of the Role of the Constitutional Court Related to the Certainty of Gender Equality Rights in Indonesia

Introduction: In the agenda of the supremacy of law in Indonesia, one of the tangible manifestations carried out is the establishment of the Constitutional Court in 2003. One of the powers of the Constitutional Court is judicial review which has a major role and influence in upholding human rights. The Purposes of the Research: The purpose of this study is to analyze especially from the philosophical perspective of the role of the Constitutional Court in upholding certainty regarding gender equality in Indonesia. The main research authority is judicial review.The Methods of the Research: The research method used in this study is a normative research method with a legal and philosophical approach. The method and approach will be used in examining the role of the Constitutional Court in upholding certainty regarding gender equality in Indonesia.Results of the Research: A series of Constitutional Court decisions, including Number 22-24/PUU-VI/2008, demonstrates Indonesia's commitment to gender equality. These rulings changed election systems, ensuring equal opportunities for all candidates. The Court nullified affirmative action provisions in Law No. 10 of 2008, shifting from a 30% female representation goal. Decision Number 20/PUU-XI/2013 strengthened gender equality in politics, while Decision Number 82/PUU-XII/2014 supported women's electability in leadership roles. Decision Number 22/PUU-XV/2017 addressed gender-based discrimination in the Marriage Law. These decisions show the Constitutional Court's role in promoting gender equality, yet ongoing efforts are needed for further progress.

The Philosophical of the Role of the Constitutional Court Related to the Certainty of Gender Equality Rights in Indonesia

Introduction: In the agenda of the supremacy of law in Indonesia, one of the tangible manifestations carried out is the establishment of the Constitutional Court in 2003. One of the powers of the Constitutional Court is judicial review which has a major role and influence in upholding human rights. The Purposes of the Research: The purpose of this study is to analyze especially from the philosophical perspective of the role of the Constitutional Court in upholding certainty regarding gender equality in Indonesia. The main research authority is judicial review.The Methods of the Research: The research method used in this study is a normative research method with a legal and philosophical approach. The method and approach will be used in examining the role of the Constitutional Court in upholding certainty regarding gender equality in Indonesia.Results of the Research: A series of Constitutional Court decisions, including Number 22-24/PUU-VI/2008, demonstrates Indonesia's commitment to gender equality. These rulings changed election systems, ensuring equal opportunities for all candidates. The Court nullified affirmative action provisions in Law No. 10 of 2008, shifting from a 30% female representation goal. Decision Number 20/PUU-XI/2013 strengthened gender equality in politics, while Decision Number 82/PUU-XII/2014 supported women's electability in leadership roles. Decision Number 22/PUU-XV/2017 addressed gender-based discrimination in the Marriage Law. These decisions show the Constitutional Court's role in promoting gender equality, yet ongoing efforts are needed for further progress.

Strengthening Independence: Constitutional Interests As A Paradigm For Judicial Review In Indonesia

The existence of a constitutional injury requirement since Constitutional Court Decision Number 006/PUU-III/2005 was strengthened by Constitutional Court Regulation Number 2 of 2021. In fact, 34 cases in the last 3 years have been ruled inadmissible due to the issue of not fulfilling the requirements of constitutional injury. Some of them are about the New Criminal Code and the Law on Villages, which are considered urgent to be tested but are hampered by the fulfillment of the constitutional injury requirement. This research will prove that the constitutional injury requirement has distorted the independence of the Indonesian Constitutional Court. On the other hand, constitutional interests is a paradigm for restoring the independence, analyst and comparison have provided answers to the issues raised. The results of normative legal research with literature study show two important things. First, the requirement of constitutional injury undermines independence, so it must be eliminated and accompanied by a supporting paradigm that allows it to be eliminated. Second, applying the paradigm of constitutional interests as a condition for fulfilling legal standing. Systematically, constitutional interests are a manifestation of the independence of the Indonesian Constitutional Court by removing obstacles for the public to achieve access to justice.

헌법재판소 결정에 대한 정량적 분석에 관한 시론적 연구

This paper aims to analyze the argumentative structure of proportionality in the Constitutional Court's decisions regarding laws restricting the venue of assemblies from the perspective of the quantity. Specifically, this paper focuses on the minimal impairment and balancing by establishing seven indicators. The seven indicators are broadly composed of three indicators related to the minimal harm of infringement, three indicators related to the balance of legal interests, and one indicator related to the intensity of scrutiny. The Constitutional Court changed their position from constitutional to unconstitutional upon adjudicating the prohibition of assemblies near the National Assembly Building in the Decision 2018Hun-Ba322 on May 31, 2018. Therefore, the analysis of this decision takes precedence. Subsequently, the analysis proceeds to the recent decisions such as the 2018Hun-Ba48 on December 22, 2022, regarding the prohibition of assemblies near the presidential residence and the 2019Hun-Ma1417 on September 26, 2023, regarding the prohibition of assemblies in front of Incheon City Hall. From the perspective of the quantity of arguments, an analysis of the argumentative structure of these three decisions reveals that the distinctions between minimal impairment and balancing has become clearer, as well as an enhanced recognition and argumentation regarding the intensity of judicial review. Consistent argumentative structures concerning minimal impairment and balancing enhance the persuasiveness of the decisions, lead to more appropriate conclusions, and prevent arbitrary decisions, highlighting their significant importance. Furthermore, the intensity of judicial review has distinguished significance in Constitutional Court rulings as it is a matter of the principle of separation of powers regarding the extent to which the discretion of the legislative branch should be respected. Especially in cases regarding legal provisions that restrict essential freedoms for maintaining democracy, such as the freedom of assembly, the necessity for clearly articulating the intensity of scrutiny is even greater. The rules of argumentation that must be followed to reach any conclusion, whether constitutional or unconstitutional, should be consistently upheld.

2023년 헌법 중요 판례 평석 (Ⅰ)

This paper analyzed the meaning and content of major decisions on normative control among the Constitutional Court decisions made in 2023.
 The Constitutional Court made a constitutional decision on the provisions of the former School Violence Prevention Act, which stipulated a written apology as one of the principal's actions against the perpetrators of school violence.
 In a unanimous decision, the Constitutional Court ruled unconstitutional against the provisions of the 'Special Cases Act on the Punishment of Sexual Violence Crimes', which required life imprisonment or more than 7 years of imprisonment for the crime of forced assault on a residence. The above provisions were contrary to the principle of proportionality between responsibility and punishment.
 In addition, with a 4:5 opinion, the Constitutional Court sentenced a constitutional decision on the provisions of the former Act on Special Cases concerning the Punishment of Domestic Violence Crimes, etc., which did not stipulate the prohibition of access using mail in the victim protection order.
 In the opinion of judges 6:3, the Constitutional Court ruled that the provisions of the Immigration Control Act, which allowed the protection of those who were ordered to deport but did not establish an upper limit on the period of protection, violate the principle of excess prohibition and due process, violating the freedom of the body, and were not in accordance with the Constitution.
 The Constitutional Court recently ruled against the constitutional inconsistency with the consensus of all the judges on the former Act on Assembly and Protests, which bans rallies near the official residence of the National Assembly and punishes those who host rallies in violation of them, and the Public Official Election Act, which prohibits anyone from spraying printed materials or installing wreaths to affect the election from 180 days before the election day.

Regulating the Element of Harming the State Economy in Corruption Offenses in Indonesia

The separation between state financial losses and the state economy shows that there is a different character between the two terms so that there are also differences in the fulfillment of the elements of state financial losses and state economic losses. The Constitutional Court Decision No. 25/PUU-XIV/2016, has decided that the fulfillment of the elements of state financial losses or the state economy must be determined with real and certain (actual loss). The existence of real and certain requirements that are also applied to the fulfillment of the elements of the state economy, needs to be studied further considering that at the level of law enforcement practices of corruption crimes committed in Indonesia, more is done on the fulfillment of the elements of state financial losses. On this basis, a research was conducted on the "Arrangement of the Element of Harm to the State Economy in the Offense of Corruption in Indonesia", to then focus on analyzing how the arrangement of the element of loss to the state economy in law enforcement of corruption in Indonesia? This research includes normative juridical research, with a statutory approach, case approach, historical approach, and conceptual approach, to then be analyzed qualitatively, and presented descriptively in the form of an article. The results of the study indicate that the legislation in force in Indonesia only provides strict arrangements relating to State Finance, while there is no law specifically regulating the State Economy or called the Law on the State Economy. The legal norm of the definition of the State Economy is also not specifically regulated in the norms of the body of legislation, but is found in the General Elucidation of Law Number 31 of 1999 as amended by Law Number 20 of 2001. The placement of the definition of the State Economy in the General Elucidation clearly does not have the same normative position as the placement in the Article provisions of a statutory regulation. With this condition, it is necessary to reform the regulation of the state economy specifically so that it can then be used as a legal basis in determining the elements of losses to the state economy in corruption crimes.