Constitutional Court Decision Number Research Articles

Ius Constituendum on the Doctrine of Unlawful Nature in the Law on the Eradication of Corruption After the Constitutional Court Decision Number 003/PUU-IV/2006

The unlawful teachings in the explanation of Article 2 paragraph (1) of the Law on the Eradication of Corruption have been considered by the Constitutional Court as a norm that is contrary to the Constitution of the Republic of Indonesia in 1945, and does not have binding legal force. This condition has legal implications for the meaning of unlawful elements in Article 2 paragraph (1) of the Law on the Eradication of Corruption, becoming vague (vague norm). The purpose of this study is to analyze the unlawful teachings in the Law on the Eradication of Corruption in Ius Constituendum. This research uses normative legal research, which formulates the aspired law (ius constituendum) on the meaning of the element against the law (wederrechtelijkeheid) in the Corruption Eradication Law after the Constitutional Court Decision Number 003/PUU-IV/2006. The results of the discussion show that by assessing the basis of the Constitutional Court's legal considerations (ratio decidendi) Number 003/PUU-IV/2006. The cancellation of the explanation of Article 2 paragraph (1) of the Law on the Eradication of Corruption which adheres to the teachings of the nature of the act of violating formal and material laws, because it is considered that the concept of materiele wederechtelijk, which refers to unwritten law, is an uncertain measure. The unlawful element in Article 2 paragraph (1) of the Law on the Eradication of Corruption Crimes is still interpreted as against formiele wedderechtelijkeheid and against materiele wedderecjhtelijkeheid in its negative function. As for its positive function, it must be considered contrary to the principle of protection and fair legal certainty regulated in Article 28D of the 1945 Constitution.

Legal Protection for Creditors Who Recipient of Motor Vehicle Fiduciaries After Constitutional Court Decision Number 18/PUU-XVII/2019 & Number 2/PUU-XIX/2021 (Study at BRI Finance Malang Branch)

Fiduciary is a material guarantee which is a development of other material guarantees, namely Pawning. This development is a living need in society because pawning collateral which requires control of the pledged collateral object by the creditor is felt to be less supportive of business because the debtor cannot benefit from the collateral object so material collateral is needed which is more beneficial for the debtor but also the creditor's interests can still be protected. Execution of fiduciary guarantees can be carried out in accordance with article 29 UUJF, namely if the debtor or fiduciary person breaks his promise, the execution of the object that is the object of fiduciary guarantee point 1 above is the priority given by the material guarantee institution which is referred to as Parate execution, which is regulated in Article 15 paragraph (3) of the Fiduciary Guarantee Law (hereinafter abbreviated to "UUJF") which states that "If the debtor breaks his promise, the fiduciary recipient has the right to sell the object that is the object of the fiduciary guarantee under his own authority." The research method used is the Socio Legal Research Method or commonly used as empirical juridical research. Empirical legal research, namely data obtained directly from the community as the first source through field research. The research location is at the BRI Finance Malang Branch Office which is one of BRI's subsidiary entities which operates in the financing sector located in Malang City. One of the financing products from BRI Finance is Multipurpose Motor Vehicle Ownership Credit where the collateral is a motor vehicle tied to the institution fiduciary material guarantee. The results of the research show that the execution of credit collateral in the form of a motor vehicle tied to a fiduciary with the Constitutional Court decision Number 18/PUU/XVII/2019 which is confirmed by the Constitutional Court decision No.2/PUU-XIX/2021 becomes weaker because the creditor's preference rights are limited. The institution granted fiduciary material guarantees in the form of an execution parate cannot be carried out unilaterally because it must obtain the debtor's approval regarding the element of breach of contract/default and also the voluntary handover of fiduciary objects

Juridical Review of The Issuance of Ministerial Regulations without Any Delegation from The Law

Ahead of the syncronous Regional Elections (Pilkada) that to be run in November 2024, there is still a polemic related to the legal guidelines for the acting of regional heads’s levitation whose term of office ends ahead of the 2024 simultaneous elections. The legal basis for the Minister of Home Affairs Regulation Number 4 of 2023 concerning Acting Regional Heads issued by the Minister of Home Affairs is considered to have many irregularities. This paper reveal the absence of statutory delegation in the issuance of the Permendagri and the use of legal considerations of the Constitutional Court judges in the Constitutional Court Decision Number 15/PUU-XX/2022 as a consideration in the Permendagri. The research method used in this paper is normative juridical through a statutory approach as a source of existing law. The results of this study conclude that the issuance of Permendagri No. 4 of 2023 is unfounded if only viewed through the presence or absence of delegation of the formation of implementing regulations. If viewed more broadly through the theory of discretion, then this is considered valid, in order to fill the legal vacuum. The legal deliberations of the Constitutional Court judges in MK’s Decision Number 15/PUU-XX/2022 also strengthen the legitimacy of the issuance of Permendagri No. 4 of 2023, this is because the content of the legal considerations is considered to be commensurate with the ruling, even though the ruling was rejected. Unfortunately, the implementing regulation chosen by the government to regulate the inauguration of acting regional heads is in the form of a Minister of Home Affairs Regulation, not a Government Regulation.

Changes in Pretrial Authority through the Decision of the Constitutional Court

Pretrial authority underwent changes in authority through the Constitutional Court Decision. This research aims to examine and analyze several judicial reviews of pretrial objects, consisting of Constitutional Court Decision Number 21/PUU-XII/2014, Constitutional Court Decision Number 109/PUU-XIII/2015, Constitutional Court Decision Number 102/PUU-XIII/ 2015 & Constitutional Court Decision Number 130/PUU-XIII/2015, which as a whole, the a quo decision changes pre-trial authority. The formulation of the problem in this research is 1). What is the role of the Constitutional Court in making legal breakthroughs regarding pretrial? 2). What are the dynamics and issues behind the Constitutional Court's decision in changing pre-trial authority? The research method used in this research uses doctrinal legal research methodology. This research concludes that: 1). The role of the Constitutional Court in making legal breakthroughs regarding pre-trial can be seen in, first: the Constitutional Court determines that the determination of suspects is included in the object of pre-trial. Second: The Constitutional Court limits the scope of pre-trial material law to the position of KPK investigators which cannot be equated with POLRI investigators, that KPK investigators stand alone with Law no. 30 of 2003 as amended in Law no. 19 of 2019 concerning the Corruption Eradication Commission. Third: ending the multiple interpretations of judges, discontinuing pre-trial applications when the case has been examined or entered the main case. Fourth: the submission of a notification letter for the start of an investigation is extended not only to the public prosecutor, but also to the suspect and the reporter/victim. 2). The dynamics and issues behind the Constitutional Court's decision in changing pre-trial authority, namely related to pre-trial authority in determining suspects, the dismissal of pre-trial petitions, the submission of SPDP, the entire Constitutional Court's decision has not been followed up in the form of a revision of the law

The Wetu Telu Community’s Customary Chief Influence on the Management of Indigenous Forests in Bayan, North Lombok, West Nusa Tenggara

The existence of an institution system and customary chief is very important for the sustainability of customary forest management. This study attempts to explain the function of the traditional chief of Wetu Telu community in the management of indigenous forests in the Bayan Sub-District, North Lombok Regency, West Nusa Tenggara Province, as well as the institutional framework and changes in that function. Observation, interviews, and documentation were used to collect data. The data obtained was analyzed thematically using Nvivo 12 Software, while a descriptive analysis used the Milles and Huberman Model. The results show that customary chiefs have the following roles: raise public awareness, spearhead conservation efforts, convey moral and spiritual messages, guide and oversee conservation efforts, mediate conflicts of interest related to nature, lead religious activities related to nature, and establish communication and collaboration. The institutional system of the Wetu Telu community’s customary chief consists of several components, including special requirements, an appointment mechanism, personnel, a term of office, a source of income, and a dismissal mechanism. The role of the customary chief in indigenous forest management continues to be strengthened from time to time. The reasons for strengthening the role of the customary chief are the issuance of the Constitutional Court Decision Number 35 of 2012 concerning the status of indigenous forests, the recognition of the success of local wisdom-based forest management patterns, increasing public awareness of the importance of environmental conservation, global warming, and, the development of ecotourism. Keywords: customary chief, indigenous forest management, local government, Wetu Telu community

Legal review of the constitutional court decision number 135/PUU-XIII/2015 on the voting rights of people with mental disorders (ODGJ) reviewed from the foundation of positive law

People's participation as citizens in the implementation of government is the main requirement in filling positions. To be able to take part in elections, people must comply with the provisions that have been ratified by law. The KPU "General Election Commission" as the organizer of the democratic party gives the right to vote in elections to People with Mental Disorders (ODGJ). ODGJ are allowed to take part in the 2024 elections as stated in the decision of the MK "Constitutional Court". The aim of this research is to examine juridically "the decision of the Constitutional Court Number 135/PUU-XIII/2015 concerning the voting rights of People with Mental Disorders or ODGJ and the impact that may arise from the participation of ODGJ in taking part in the election". The author chose a normative juridical approach (Legislative Approach). The research carried out by the author used a normative juridical approach (Legislation Approach). The data used in this research uses secondary data, namely data or input sourced from literature and statutory regulations. For this type of research, the author applies qualitative descriptive research. Based on research results, the ruling "Constitutional Court Decision Number 135/PUU-XII/2015" states that people suffering from mental disorders can vote only if they do not experience permanent mental disorders that have prevented them from voting in general elections, according to mental health experts.. Based on this, there is disharmony between the decision of the constitutional court and positive law in Indonesia. Apart from that, the possible impact of ODGJ's participation in the election is the emergence of various frauds in the democratic party process.

Legal Morality of Constitutional Court Decision Number 90/PUU-XXI/2023 Based on Pancasila

Legal Morality of Constitutional Court Decision Number 90/PUU-XXI/2023 Based on Pancasila

A Comparative Study of Open Proportional System in 2019 and 2024 Election in Indonesia: A Case Study in Klaten Regency

This study aims to compare the implementation of the open proportional system election in the 2019 Election compared to the 2024 Election including policy changes and voter trends in the open proportional system and to analyze the Constitutional Court Decision Number 114/PUU-XX/2022, which confirms the use of an open proportional system in the 2024 General Election, affecting youth participation in running as legislative members. The research method used is a juridical-sociological approach, implemented in Klaten Regency, and described descriptively. Primary data were obtained through interviews with the Klaten Regency KPU and several youth who were running as legislative members, while secondary data were obtained through a review of relevant literature, including related books and laws. The results of the study show a significant increase in youth participation as legislative candidates. Factors contributing to this increase include the Constitutional Court Decision Number 114/PUU-XX/2022 itself, the use of social media, and the environment around the youth.

Eksistensi Container House sebagai Objek Jaminan Berdasarkan Hukum Jaminan di Indonesia

Container house is a building made of used containers hich is a movable object that can be modified into a house or residential place that is an immovable object. Therefore, if the owner of the Container house ants to collateralize the container it ill cause a gap between positive law and social facts related to hat collateral law ill be charged against the Container house. so the purpose of this study is to analyze the status of the container house in the perspective of existing laws in Indonesia and in the status of the container can the container house be used as a collateral object. The method used in this research is normative research method. The result of the research is that first, a container house is a movable object ith the characteristics of a physical building made from containers that does not require construction ork so it does not require a construction permit, can be transferred and has economic value. However, normatively, there are no laws and regulations governing it so that its ownership has no guarantee of legal certainty. Second, container houses can be charged ith fiduciary guarantees, so the execution of container houses is carried out in accordance ith Article 15 paragraph (2) of the UUJF if there is consent from the fiduciary. However, if the fiduciary grantor does not agree to surrender the object of the fiduciary guarantee, then the execution is carried out based on the Constitutional Court Decision Number 18/PUU/XVII/2019, namely through a court order.

Legal Protection for Debtors in the Execution of Fiduciary Objects in Indonesia

In financing agreements, the phenomenon of debtors defaulting is very possible or occurs, so this causes creditors to take steps such as parate execution by using coercive debt collector services. This is justified because it is under the legal umbrella of the Fiduciary Guarantee Law. After the judicial review of Constitutional Court Decision No. 18/PUU-XVII/2019, the execution parate was abolished and the execution of fiduciary guarantee objects must be carried out by submitting a request for execution to the head of the district court, but in the case of Decision Number 157/Pdt.G/2021/Pn Skt, the judge actually rejected the plaintiff's petitum as a debtor who argued that the execution parate by the defendant (creditor) was an unlawful act. The formulation of the problem in this research is how to analyze the judge's legal considerations in determining whether the execution of fiduciary guarantees is valid in Decision Number 157/Pdt.G/2021/Pn Skt? And how is legal protection for debtors related to Constitutional Court Decision Number 18/PUU-XVII/2019? This research is included in the type of normative juridical research with a statutory approach. The purpose of this research is to determine the analysis of the judge's legal considerations in determining the validity of the execution of fiduciary guarantees in Decision Number 157/Pdt.G/2021/Pn Skt and to determine the legal protection for debtors in connection with Constitutional Court Decision Number 18/PUU-XVII/2019. The theoretical benefit of this research is a contribution to legal science, while the theoretical benefit is aimed at legal practitioners. The results of this research are that the plaintiff is not a party who voluntarily surrenders the object of the fiduciary guarantee and is not a party bound by an agreement to determine default, so the judge was wrong in rejecting the plaintiff's petitum which argued that the defendant was valid in the execution parate, and legal protection for the debtor was linked to Constitutional Court Decision Number 18/PUU-XVII/2019 is contained in Article 23 paragraph (2) and the plaintiff can take legal action to appeal solely to seek correction of the results of a decision that is considered wrong.

Analysis of Constitutional Court Decision No. 16/PUU-XVIII/2020 Regarding the Honorary Council's Approval of Summoning a Notary in the Examination of Criminal Cases

In writing this journal the author discusses legal issues regarding the Analysis of the Constitutional Court Decision Number 16/PUU-XVIII/2020 concerning the Approval of the Honorary Notary Council for Summoning Notaries in the Examination of Criminal Cases. The Constitutional Court (MK) stated that it did not accept and rejected the judicial review of Article 66 paragraph (1) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions regarding the examination of Notaries in the judicial process with the approval of the Notary Honorary Council ( MKN). The Petitioners argue that the phrase with the approval of the Notary Honorary Council in Article 66 of the Law on the Position of Notaries places the Notary Honorary Council as having absolute and final authority to approve or disapprove a notary's summons to attend a case examination. This means that investigators, public prosecutors and judges cannot take further legal action if the Notary Honorary Council does not give their approval. With the Constitutional Court's decision issued by the Constitutional Judge regarding Article 66 paragraph (1) of the Notary Law, a problem arises regarding the basis of the judge's consideration of the Constitutional Court's decision regarding the Honorary Council's approval of the summons of a Notary in the examination of criminal cases. The approval of the Notary Honorary Council in granting permission to the parties to take or notarize and examine the Notary remains valid. The Constitutional Court (MK) stated that it did not accept and rejected the material review requested by the Indonesian Prosecutors Association.

Status anak diluar nikah komparasi hukum islam dan hukum positif

One of the legal consequences of the status of a child out of wedlock is the status (position) of the child out of wedlock. In Indonesian legislation, there are several laws that explain the status of children out of wedlock, although there are differences in the law and status of these children between these laws. In Islamic law, children out of wedlock have a different position from legitimate children, biological children, adopted children, and children resulting from adultery. The existence of this position affects in determining guardianship, nasab, inheritance and hadhanah. This research uses a normative study approach, namely comparing the status of adopted children according to Islamic law and positive law. This research is a type of Library Research (literature), the author will present library data in the form of books, journals, research reports, papers and other library materials that are accurate to the object of the subject matter. Based on the results of the research conducted, it can be concluded that, the status of children outside of marriage based on Islamic law is not the same as biological children, and legal children in Islamic law the status of children outside of marriage in terms of nasab, remains with the mother and her mother's family. According to positive law, Constitutional Court Decision Number 46/PUU-VIII/2010 stipulates that the status of children out of wedlock can only be related to the mother and her family, unless there is recognition from a biological father who can be proven scientifically and technologically. This is different from Constitutional Court Decision Number 43/PUU-VIII/2010 which regulates other aspects of children's rights. This is because the status of extramarital children is only dinasabkan to the mother and the mother's family, so directly from the Constitutional Court's decision stipulates that the position or nasab of extramarital children (either due to adultery or nikah sirri) is to their biological father who can be proven by science and technology.

Analisis Hukum Terhadap Putusan Mahkamah Konstitusi Nomor 90/Puu-XXI/2023 Pasal 169 Huruf Q UU 7 Tahun 2017 Tentang Pemilu

This thesis presents an in-depth legal analysis of the Constitutional Court (MK) Decision Number 90/PUU-XXI/2023 relating to the age requirements for presidential and vice presidential candidates as stipulated in Article 169 letter q of the Election Law. This study uses a normative legal method, in critically evaluating the legal standing of the applicant who questions the provisions of the article and the fairness of the decision that has been taken. Prior to the Constitutional Court's decision, the law required presidential and vice presidential candidates to be at least 40 years old. However, since this decision, the law has reinterpreted the age requirement not only as a minimum age of 40 years but also to include anyone who has or is currently holding a regional head position elected through general elections. This interpretation potentially expands the criteria in the election law. This decision also marks a significant shift in the role of the Constitutional Court from negative legislature to positive legislature, where previously the Constitutional Court only assessed the constitutionality of existing regulations without changing the substance of the law, the court actively formulated and determined new legal norms through its interpretation. This change not only opens up space for qualified candidates, but also sparks debate about the extent to which the Constitutional Court should be involved in the formation of public policy. As well as questioning the division of powers stated in the 1945 Constitution between the legislative, judiciary and executive within the framework of the Indonesian rule of law which has been the subject of criticism because it is considered to accommodate political interests more than legal interests

Criminal Legal Policy On Insults Against The President And Vice President Post Constitutional Court Ruling Number 7/Puu-Xxi/2023

<em>This research discusses criminal law policies related to insulting the President and Vice President in Indonesia after the Constitutional Court (MK) decision. Previously, Articles 134, 136 bis, and 137 of the Criminal Code regulated criminal acts of insulting the President and Vice President, but these articles were abolished through Constitutional Court Decision Number 7/PUU-XXI/2023 on the grounds that they conflicted with the freedom of expression guaranteed by the 1945 Constitution . This decision raises a dilemma between protecting the dignity of high-ranking state officials and freedom of expression. Along with the introduction of the new Criminal Code in January 2023 through Law Number 1 of 2023 following the decision, there are legislative efforts to introduce new insult articles that are more in line with human rights principles. This research highlights the legal and social implications of these policy changes, including their potential impact on press freedom and political dynamics. Analysis of the Constitutional Court's decision according to the new Criminal Code shows the need to balance between protecting the presidential institution and maintaining the space for freedom of expression in Indonesia.</em>

Legal Analysis of The Enforcement of Article 18 of The Regulation Issued by The Director General of Taxes, Numbered PER-03/PJ/2022, Regarding Tax Invoices

The Republic of Indonesia implemented Law Number 12 of 2011, explicitly establishing rules and regulations. Law Number 13 of 2022 has since revised this law. This Law enhances the current legislation, precisely Law Number 10 of 2004. Law Number 12 of 2011 prescribes the procedure for enacting laws and establishes guidelines for resolving conflicts or inconsistencies between these laws and regulations. The objective of this study is to analyze the legal effectiveness of Article 18 of Regulation PER-03/PJ/2022, which was issued by the Director General of Taxes, to Law Number 7 of 2021 on the Harmonization of Tax Regulations and Constitutional Court Decision Number 91/PUU-XVIII/2020. This research methodology entails examining values, norms, and written regulations, establishing a solid connection to the normative legal aspects of the library. The research has determined that the Regulation of the Director General of Taxes Number Per-03/PJ/2022 regulates Tax Invoices and has exceeded its authority in issuing Tax Invoices. The aforementioned rule pertains to the regulatory framework established by the Minister of Finance, which governs this particular matter and confers jurisdiction upon the director general of taxation. The Regulation of the Director General of Taxes Number 03/PJ/2022, which concerns Tax Invoices, does not possess enforceable legal authority and is open to scrutiny by the Supreme Court. Legal certainty is paramount as it provides taxpayers with a lucid and all-encompassing comprehension of their rights and obligations.

The Dynamics of the Minimum Age Requirements for Presidential and Vice Presidential Candidates in the 2024 General Elections in the Constitutional Court Decision Number 90 / PUU-XXI / 2023 Reviewed from Islamic Politics

The Dynamics of the Minimum Age Requirements for Presidential and Vice Presidential Candidates in the 2024 General Elections in the Constitutional Court Decision Number 90 / PUU-XXI / 2023 Reviewed from Islamic Politics

Prohibition of the Use of Mosques as Campaign Venues: A Comparative Study of the Constitutional Court's Decision Number 65/PUU-XXI /2023 and Siy?sah Dusturiy?h

Prohibition of the Use of Mosques as Campaign Venues: A Comparative Study of the Constitutional Court's Decision Number 65/PUU-XXI /2023 and Siy?sah Dusturiy?h

Urgensi Persetujuan Dewan Perwakilan Rakyat dalam Pengangkatan Jabatan Publik

Every country and every government, whatever its form and system of government, is required to design and implement policies that are appropriate to the socio-economic conditions of its people and are effective in directing the policies that must be implemented by government organs and government bureaucracy. decisions made by someone who has authority in government, both formal and informal. The approval of the House of Representatives (DPR) for appointments to public positions that are not regulated in the 1945 Constitution of the Republic of Indonesia is an important mechanism in the Indonesian constitutional system. Although the 1945 NRI Constitution does not regulate in detail all public positions, several derivative laws give the DPR the authority to approve the appointment of certain officials. This process is important to ensure checks and balances in government, prevent abuse of power by the executive, and increase accountability and transparency. Through an open fit and proper test, Constitutional Court Decision Number 16/PUU-XII/2014, I Request for re-examination regarding paragraphs (2) to (8) Article 30 of the Corruption Eradication Commission Law, Law concerning DPR Involvement in Recruitment Corruption Activities candidate for member of the Corruption Eradication Commission. Participating in filling public positions by the DPR is regulated by the 1945 Constitution of the Republic of Indonesia (1945 Constitution) and so on. The 1945 Constitution with its broad authority has its own objectives. This study seeks to understand how constitutional DPR protocols can assess the competence and integrity of candidates for public office, so that elected officials are able to carry out their duties well and receive legitimacy from the people. Thus, the DPR's involvement in this process strengthens democratic principles and improves the quality of government in Indonesia.

Code of Ethics Violations Due to Constitutional Court Decision Number 90/PUU-XXI/2023 Towards the Dynamics of the 2024 Election in Indonesia

Code of Ethics Violations Due to Constitutional Court Decision Number 90/PUU-XXI/2023 Towards the Dynamics of the 2024 Election in Indonesia

Politik Hukum Batas Minimum Usia Perkawinan Pasca Putusan Mahkamah Konstitusi Nomor 22/PUU-XV/2017

Abstract Regulations regarding the minimum age for marriage in Indonesia have basically gone through a long history and dynamics starting from the pre-Dutch Colonial government until the New Order era when Law Number 1 of 1974 concerning Marriage was born and was most recently revised into Law Number 16 of 2019 concerning Amendments. Based on Law Number 1 of 1974 concerning Marriage. This research discusses two problem formulations, First, how is the minimum age limit for marriage regulated before the Constitutional Court Decision Number 22/PUU-XV/2017?, Second, what are the legal politics of the minimum age limit for marriage after the Constitutional Court Decision Number 22/PUU-XV/2017 ? To be able to discuss this problem, a normative juridical research method with a historical and statutory approach is used, where the data source used is a secondary data source. From the research and discussions that have been carried out, the following results were obtained: First, the history of setting the minimum age limit for marriage in Indonesia has started since pre-Dutch Colonial times where at that time the applicable marriage law was the respective religious law which was then enforced during the Dutch occupation. Classification is based on ethnicity and each group has its own rules. In the old order era, Law Number 22 of 1946 concerning Marriage Registration, Divorce and Reconciliation (hereinafter referred to as NTR) was born, in the new order era Law Number 1 of 1974 concerning Marriage was born, which was followed by its first revision in the reform era to become Law. Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. Second, the will (political will) of the state authorities is a determining factor in where the law will be directed, including in the issue of determining the minimum age limit for marriage. This can be seen from the development of marriage law in Indonesia starting from the Dutch colonial period, the post-independence period, and the New Order period where marriage law experienced a very strong influence from the interests of the authorities.