Constitutional Court Decision Number Research Articles

Perlindungan Hukum Terhadap Debitor Terhadap Penarikan Objek Jaminan Yang Masih Terikat Dalam Hubungan Perlindungan Angsuran Kreditur Debitur

Finance companies in providing financing credit to their consumers use a Fiduciary guarantee system. Legal protection for debtors upon withdrawal of fiduciary collateral objects following the constitutional court decision Number 2/PUU-XIX/2021 has been regulated in a preventive and repressive manner. Preventively, legal protection for debtors upon withdrawal of fiduciary collateral objects has been regulated in the provisions of the Fiduciary Guarantee Law which was then confirmed in the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012. Apart from that, preventive protection is also emphasized in the Constitutional Court Decision Number 2/PUU-XIX/2021 in conjunction with the Constitutional Court Decision 18/PUU-XVII/2019. If the debtor objects to having his vehicle taken, the leasing party or debt collector may not take the vehicle by force. This vehicle may be taken if there has been a court decision with permanent legal force. What the public needs to know is that the way to enforce unlawful acts committed by consumers who are in arrears on motor vehicle loans is by applying for execution in court, not by being taken by force. as for how to deal with Finance business actors and Debt Collectors who carry out their work.

Constitutional Court Decree No 90/Puu-XII/2023 Provisions on Age Requirements for Presidential and Vice Presidential Candidates in the Principles of the State of Law and Pancasila Democracy

Purpose: This study aimed to determine whether Constitutional Court Decision Number 90/PUU-XII/2023 concerning the Age Requirements for Presidential and Vice Presidential Candidates is in accordance with the principles of the rule of law and Pancasila democracy. Method: This article was prepared using normative juridical research methods with statutory, case, and conceptual approaches. In this approach, several primary legal materials are used, namely statutory regulations that are relevant to the object of study, especially Constitutional Court Decision Number 90/Puu-XII/2023. In addition, the researcher used a case approach to understand the decidendi ratio, namely the legal reasons used by the judge to arrive at his decision, and a conceptual approach used by the researcher to understand the concept of the rule of law and the democratic principle of Pancasila, which refers to the doctrine that developed in the views of the Ulama or legal doctrine. Results: The results of this research indicate that the procedures or mechanisms for implementing Constitutional Court Number 90/Puu-XII/2023 concerning Age Requirements for Presidential and Vice Presidential Candidates must be in accordance with the procedures regulated in the constitution as a concept of a legal state (rehstsstat) where there is a division of power. From this concept it can be seen that the decision of the Constitutional Court Number 90/Puu-XII/2023 concerning the Age Requirements for Presidential and Vice Presidential Candidates violates authority because the decision is an open legal policy entrusted by the drafters of the third amendment to the Constitution 1945 to the legislators to "... be further regulated by law based on Article 6 paragraph (2) of the 1945 Constitution of the Republic of Indonesia.

Juridical Study of Bank Secrets Regarding Collective Assets in the Form of Deposits post Constitutional Court Ruling Number 64/Puu-X/2012 Concerning Customer Data and Their Savings for the Purpose of Division of Gono Gini's Property in a Civil Divorce Cases

Joint assets are assets or wealth obtained during the marriage. Even though the property was obtained from the husband's work alone, the wife still has the right to joint property. So joint property, whether the property belongs to the husband or wife, has the same rights and obligations regardless of whether it is registered in anyone's name and all legal actions regarding joint property must obtain the approval of both parties. The type of research used is normative legal research. The issues raised are regarding the juridical consequences of the exception of bank secrecy for joint assets following Constitutional Court Decision Number 64/PUU- X/2012. The result of this research is that the issuance of the Decision of the Constitutional Court of the Republic of Indonesia regarding the Judicial Review of Article 40 of the Banking Law has the juridical consequence that banks can disclose customer data for the purposes of civil cases regarding joint assets in divorce cases, so that the form between the bank and the customer contains a clause regarding prohibitions. For banks to disclose customer information, the application still has to follow the results of the Constitutional Court Decision Number 64/PUU-X/2012 because since that decision, Article 40 of the Banking Law has automatically had its contents changed according to the contents of the MKRI decision resulting from the judicial review of the banking law. Amendments to Article 40 paragraph (1) of the Banking Law as stated in Article 14 number 38 of Law Number 4 of 2023 can be submitted as guidelines for disclosing customer data for judicial purposes in civil cases including general courts and religious courts, which include for judicial purposes regarding joint assets in divorce and in order to fulfill the recovery of assets. From the explanation above, legal certainty can be obtained that after the Constitutional Court Decision Number 64/PUU- Joint assets in a divorce case can demand or reveal bank deposit data from their partner.

The Urgency of Heavy Equipment Tax Regulations Judging From Law Number 1 of 2022

The State, through the Government, both Central Government and Regional Government, has a function in providing services to the community (public service). Public services can take various forms, both physical and non-physical services. Through good public services, national and state life will become conducive and orderly. Besides that, public services require costs, one of which comes from taxes. Taxes are a reciprocal mechanism between the Government and the Community in the context of public services. One of the taxes discussed in this research is Heavy Equipment Tax (PAB). Initially, heavy equipment tax regulations were included in Law 28/2009 where heavy equipment was included in the motorized vehicle category. There is a Constitutional Court Decision Number 15/PUU-XV/2017 which cancels the phrase that heavy equipment is included in motorized vehicles and since then heavy equipment is no longer subject to heavy equipment tax, but Law 1/2022 has been issued which includes heavy equipment as a tax object. This research is normative legal research that uses a statutory approach and a conceptual approach.

Aspek Hukum Tata Negara Terhadap Pengangkatan dan Pemberhentian Hakim Mahkamah Konstitusi

This research was motivated by the dismissal of Aswanto as a constitutional judge by the DPR, who legally and constitutionally still served as a constitutional judge. This research aims to find out aspects of constitutional law related to the appointment and dismissal of constitutional judges and to find out the implications of Constitutional Court Decision Number 96/PPU-XVIII/2020and the implications of Aswanto's dismissal as a constitutional judge. This research uses normative legal research. With a statutory approach, conceptual approach and case approach. The results of this research are that constitutional judges are proposed by the President, the House of Representatives and the Supreme Court with a mechanism regulated separately by the institution that nominates constitutional judges while not violating the provisions of the Law and in its implementation it must be open with the principles of transparency, participatory, objective and accountable. The implications of the Constitutional Court Decision Number 96/PPU-XVIII/2020 provide legal certainty regarding the tenure of incumbent constitutional judges and maintain the independence and impartiality of constitutional judges. The DPR's action to dismiss Aswanto constitutes a legal vacuum (rechstvacuum) because there are no regulations governing the DPR's authority to dismiss constitutional judges. The legal implications that occurred in the dismissal of Judge Aswanto by the DPR included legal uncertainty, inconsistency between the DPR and the President in implementing statutory regulations, problems with the independence of constitutional judges, and leading to the invalidity of the Presidential Decree.

Juridical Review of the Implementation of Foreign Arbitration Awards in Indonesia in the Perspective of Constitutional Court Ruling Number 4/PUU-XXII/2024

The implementation of foreign arbitration awards in Indonesia from the perspective of Constitutional Court Decision Number 4/PUU-XXII/2024 is crucial in both international and domestic legal contexts. This article provides a strong legal basis for arbitration usage in resolving cross-border business disputes in Indonesia, both domestically and internationally. The research contributes to the legal field by offering an in-depth normative juridical analysis of how unfamiliar discretion grants are executed in Indonesia. Data analysis was carried out descriptively and qualitatively. The research topic, namely, the Juridical Review of the Implementation of Foreign Arbitration Decisions in Indonesia in the Perspective of Sacred Court Choice Number 4 is analyzed using deductive methods, which entail deriving conclusions from general to specific, particularly regarding the research topic. In this specific situation, a juridical survey of the execution of unfamiliar mediation grants in Indonesia becomes vital to comprehend the effect of established Court Choice number 4 on international arbitration practices, legal certainty, and the investment environment in Indonesia.

STATE EFFORTS IN FULFILLING THE CIVIL RIGHTS OF THE SUNDA WIWITAN BADUY INDIGENOUS COMMUNITY AFTER THE MK DECISION NO.97/PUU-XIV/2016

The strength of the customary law adhered to by the Baduy traditional community comes from internal factors originating from the characteristics of the community itself, which believes in the values contained in its customary law. The implementation of the fulfillment of civil rights following the Constitutional Court decision NO.97/PUU-XIV/2016 has not been fully felt by the Baduy community, one of which is in the process of registering marriages, where until now marriage registration is still only recorded in marriage certificates issued from the village. In writing this article, research methods were used with primary and secondary data collection. The results of the research show that the State's efforts to fulfill the civil rights of believers in Indonesia have been implemented with the Constitutional Court Decision Number 97/2016 as a first step in eliminating discrimination in population registration, but its implementation requires different methods in each region and region, especially for the community. adherents of the Sundanese Wiwitan Baduy belief who strongly maintain the traditions and messages of their ancestors. As for Regional Regulation no. 8 of 2015 concerning Recognition, Protection and Empowerment of the Kasepuhan Customary Law Community, which is proof that the existence of the Baduy customary law community is actually recognized by the State.

Disobedience of Constitutional Court Decision as a Reason for Impeachment of President and/or Vice President

This article discusses disobedience of the Constitutional Court Decision Number 91/PUU-XVIII/2020 which was carried out by the Government by issuing Minister of Home Affairs Instruction Number 68 of 2021 Concerning Follow-Up of the Constitutional Court Decision Number 91/PUU-XVIII/2020 Regarding the Formal Review of Law Number 11 of 2020 concerning Job Creation which in essence states that it remains guided and implement Law Number 11 of 2020 concerning Job Creation and its Implementing Regulations. This instruction from the Minister of Home Affairs has violated one of the rulings stating that the legally binding force of Law Number 11 of 2020 concerning Job Creation must be temporarily suspended for 2 (two) years or until the process of its formation has been repaired. This study uses a statutory approach and a conceptual approach and is also evaluated descriptively qualitatively. The conclusion of this paper is that disobedience to the constitution by the Government will have a juridical impact on not realizing legal certainty, impacting people's distrust of the Constitutional Court, as well as a bad example given by the President in terms of constitutional awareness, so that it is appropriate for the DPR RI to file an impeachment process against the president

Problem from mk powerful number 90/Puu- Xii/2023 related to article 169 letter Q number 7 Year 2017 about general election (Election Law)

Purpose: Constitutional Court (MK) Number 90/PUU-XII/2023 concerning That The age limit for presidential and vice presidential candidates is considered controversial and raises a number of problems. The following are some of the problems that emerged after the Constitution Court Decision: Controversy over the minimum age limit of 40 years for presidential and vice presidential candidates. Although some were granted by the Constitutional Court from That request testing Article 169 letter Q from That Election Law, that is That country officials with experience as DPR members, DPD members, DPRD members, governors, regent And mayor WHO is under 40 many years from age is still qualify to follow in National leadership contest. Research Methodology: as presidential candidate And badness presidential candidate in the general election, but this still causes controversy among the public and legal experts. Inconsistency from That Constitutional Court decision with previously decision. There is several legal experts who considers it Constitutional This court decision the timing does not match the previous decision of the Constitutional Court regarding the same object. Political interest in the decision of the Constitutional Court. Results: There is such a view with the decision of the Constitutional Court this time following That hope from That DPR And That government, So That That Constitutional Court seems to be a political tool so that the DPR and the President immediately make changes to the law and without involving public participation. Impact on the good name of the Constitutional Court and Indonesian law. There is A see That That Constitutional Court decision This time own A had a big impact on the good name of the Constitutional Court and Indonesian law, because the Constitutional Court was deemed to have deviated from its essence which should carry out checks and balances on other powers (executive and legislative). Limitations: Big question mark regarding the decision of the Constitutional Court. There are several notes that need to be criticized in the Constitutional Court decision Number 90/PUU-XII/2023, such as material aspects, procedures, And inconsistency in the That Constitutional Court decision with another about The same object. From a number of from This problem, he Can become conclude That That Constitutional Court Decision Number 90/PUU-XII/2023 has sparked controversy and needs to be studied more deeply to find go out That implications And impact on That democratic And law system in the Indonesia

ANALISIS SIFAT MELAWAN HUKUM FORMIL TERHADAP PELAKU TINDAK PIDANA KORUPSI BERDASARKAN PASAL 2 DAN PASAL 3 UNDANG-UNDANG NOMOR 20 TAHUN 2001

Corruption is an urgent problem that must be addressed immediately in order to achieve healthy economic growth. Various records show an increase and development of corruption models that occur. The legal enforcement mechanism for criminal acts of corruption is something that must be paid attention to because it ensures its implementation is correct, fair, there is no arbitrariness and no abuse of power. The focus of discussion in this research is the concept of the nature of being against formal law in criminal acts of corruption in Indonesia, and the existence of the nature of being against formal law in criminal acts of corruption at this time. This research uses a normative juridical approach, namely by analyzing library materials or secondary data consisting of legal texts, court decisions, official documents and other legal literature. This research concludes that the concept of the nature of being against formal law in articles 2 and 3 of Law Number 20 of 2001 concerning criminal acts of corruption in Indonesia is if the act violates social norms, norms of decency or ethics, moral norms and has violated propriety. prudence and necessity adhered to in person-to-person relationships in society. After the Constitutional Court decision Number: 25/PPU-XIV/2016, formal offenses were changed to material offenses. The deletion of the word "can" from the formulation of the two norms of Article 2 paragraph (1) and Article 3 of the PTPK Law, requires that the element of state loss must be proven first to determine someone as a suspect so that it will provide legal certainty in the law enforcement process in the field of criminal acts of corruption in Indonesia. Keywords: Corruption, Unlawful Characteristics, State Financial Losses

URGENSI PENAMBAHAN MASA JABATAN PIMPINAN KOMISI PEMBERANTASAN KORUPSI PRESPEKTIF HUKUM TATA NEGARA

This research aims to find out what is behind the increase in the term of office of the leadership of the Corruption Eradication Commission in Indonesia. Also, the urgency of increasing the KPK's term of office is viewed from the perspective of constitutional law. This research is normative legal research that uses a case approach with data collection methods through literature study. Based on the research, the results and conclusions obtained are related to the Constitutional Court decision Number 112/PUU-XX/2022 regarding the term of office of the KPK leadership proposed by Nurul Ghufron as deputy chairman of the KPK for the 2019-2023 period. The reason for the request is related to the applicant's age when he was appointed, 45 years old, and when his position ended, he was 49 years old. So he cannot nominate himself as KPK leader for the next period as stated in Article 29 letter (e) of Law Number 19 of 2019. Also, the term of office for KPK leaders is 4 years for re-election for one period in Article 34 of Law No. 30 of 2002 is considered discriminatory regarding the terms of office of heads of other independent state institutions. The applicant feels that his constitutional rights have been violated due to injustice, discrimination and legal uncertainty. This decision is considered not urgent and is not in accordance with the concept of constitutional theory, justice and legal certainty. The age restriction setting is an open legal policy. And increasing the term of office of the KPK is not urgent considering the performance and achievements of the current KPK leadership. Keywords: Urgency of Term of Office, Corruption Eradication Commission, Constitutional Law

Analisis Kritis Putusan Mahkamah Konstitusi Nomor 90/PUU-XXI/2023 Terhadap Keberlangsungan Demokrasi dan Generasi Muda Indonesia

General elections are an important foothold in the contemporary democratic system. Elections are a tangible form of procedural democracy, although democracy is not the same as elections, but elections are one of the most important aspects of democracy that must also be held democratically. Material test of Article 169 letter q of Law Number 7 of 2017 concerning General Elections against Article 28D of the 1945 Constitution of the Republic of Indonesia to the Constitutional Court. Identification of the problem, namely how to consider the legal pros and cons of the Constitutional Court's decision Number 90/PUU-XXI/2023 and what are the implications of the Constitutional Court's decision on the development of Indonesian democracy. The purpose of the study is to answer the problem identification, namely to find out the legal considerations of the pros and cons of the Constitutional Court's decision Number 90/PUU-XXI/2023 and to find out the implications of the Constitutional Court's decision on the development of Indonesian democracy. The research method used is a normative juridical research method and the nature of this research is descriptive and qualitative. Article 28D paragraph (3) of the 1945 Constitution states that "Every citizen has the right to equal opportunities in government". This must be in line with the theory of distributive justice. The Constitutional Court's decision violates Sapta Karsa Hutama, the Principle of Propriety, the Principle of Non-Partiality, the Principle of Independence, the Principle of Integrity and Courtesy. However, the decision remains valid because the nature of the Constitutional Court's decision is final and binding. As a conclusion in this study, the Constitutional Court Decision is considered in accordance with the principle of distributive justice by adding experience in office as a condition so that it can produce leaders who are more prepared and competent in facing government challenges.

Money Laundering And Corruption Offences After The Constitutional Court Decision Number 77/PUU-XII/2014

The application to the Constitutional Court with the Constitutional Court decision number 77/PUU-XII/2014 was based on the dissinting opinion of Hakum Alecander Mawarta in the TPPU case of the Central Jakarta District Court with Case Number 10.Pid.Sus-TPK/2014/PN.JKT.PST. Based on this judicial review, the Constitutional Court stated that the existence of Article 69 in Law No. 8/2010, which states that law enforcement officials are allowed to investigate, investigate and examine ML/TF cases without proving the original crime, is questionable because it is not in accordance with the characteristics of ML/TF as a continuation of the original crime. Thus, there are juridical implications that will occur related to the prevention of ML, among others: potential acquittal of the defendant; violation of the principle of presumption of innocence, contrary to the concept of proof adopted in Indonesia and so forth. Of course, in this research, the author will reconstruct the placement of the Money Laundering Crime as Independent Crimes along with its legal implications in practice. This is because the placement of the Money Laundering Crime as Independent Crimes has given legal consequences to the legal system adopted in Indonesia, one of which is the Presumption of Innocence. This research is a descriptive analytical literature research using juridical-normative approach and qualitative deductive method. In doing so, it is concluded that the development of ML has experienced increasingly complex developments and legal breakthroughs that place ML as a stand-alone criminal offence.

Execution of Fiduciary Guarantees Post Constitutional Court Decision Number 18/PUU-XVII/2019 According to Legal Justice Theory

Execution of fiduciary guarantees is a right for creditors holding fiduciary guarantees. The condition for a creditor to be able to execute a fiduciary guarantee is that the breach of promise of the debtor providing the fiduciary guarantee is fulfilled. According to Article 19 of Law Number 42 of 1999 concerning Fiduciary Guarantees (Fiduciary Law), creditors can execute objects that become fiduciary collateral if the debtor providing the fiduciary guarantee defaults. However, the creditor's rights above are not in accordance with other regulations because execution cannot simply be carried out. To carry out execution, the creditor must submit an application to the District Court. It should be understood that the birth of this fiduciary guarantee is to streamline the economic system, namely to make it easier for people to obtain financing for the purchase of movable objects without having to place the objects purchased as collateral in a financing institution. The debtor can still use the movable object in the hope that it will be used to improve the debtor's economy. This reality in the field is also confirmed by the decision of the Constitutional Court (MK) Number 18/PUU-XVII/2019 which interprets Article 15 of the Fiduciary Law which essentially states that the execution of fiduciary guarantees must carry out a request for execution in the District Court. The formulation of the problem in this research is 1. What is the law on voluntary execution of fiduciary guarantees in Indonesia? 2. What is the impact of the Constitutional Court (MK) decision Number 18/PUU-XVII/2019 on the protection of creditors holding fiduciary guarantees according to the theory of legal justice? This legal research method is normative legal research using a statutory regulation approach. The result of this research is the implementation of post-judgment fiduciary guarantee execution No.18/PUU-XVII/2019 has not provided legal certainty that provides justice because there are still differences in interpretation regarding fiduciary guarantees.

Assessing the Role and Future of the Tax Court Post-MK Decision No. 26PUU-XXI2023

Taxation, as a fundamental component of the system of cooperation, serves as a financial resource to underpin governmental financing and expenditure while also acting as an instrument for the regulation of social and economic policies aimed at promoting equitable welfare. The process of tax collection occasionally engenders inequities for taxpayers; consequently, Law 14 of 2002 instituted the Tax Court as an autonomous judicial entity designated for the adjudication of tax-related disputes. Notwithstanding its establishment, the Tax Court encounters significant challenges, notably the dualism of authority wherein the Supreme Court provides technical guidance. At the same time, the Ministry of Finance oversees organizational, administrative, and financial directives. In the Constitutional Court's Decision (MK) Number 26/PUU-XXI/2023, the regulation pertaining to the oversight of the Tax Court was deemed inconsistent with Article 24, paragraphs (1) and (2) of the 1945 Constitution, prompting the Constitutional Court to impose a deadline of December 31, 2026, for the consolidation of the Tax Court's guidance authority under the auspices of the Supreme Court. Consequently, this research endeavours to scrutinize the role and prospective trajectory of the Tax Court alongside the measures necessary to effectuate the transfer of guidance authority in alignment with constitutional mandates. Hence, the author has entitled this study "Measuring the Role and Future of the Tax Court after the Constitutional Court Decision Number 26/PUU-XXI/2023." The questions posed for investigation are: What is the Role and Position of the Tax Court as delineated by the Tax Court Law, and what is the Role and Future of the Tax Court subsequent to the Constitutional Court Decision (Number 26/PUU-XXI/2023)? To address these inquiries, the author employs a qualitative writing methodology complemented by a normative legal perspective.

Penghinaan Terhadap Presiden dan Wakil Presiden Dalam KUHP Baru

The purpose of this study is to find out and analyze the regulation against insults against the president and vice president in the new Criminal Code and the old Criminal Code that has been declared unconstitutional by the Constitutional Court as well as to know and analyze the urgency of the insult article against the president and vice president so that it is revived. The formulation of the problem in this study is: 1) How is the regulation of the criminal act of insult against the President and Vice President in the Criminal Code? And 2) What is the criminal law policy on the urgency of the article of insult to the president and vice president so that it is included in the new criminal code? This thesis is written using a normative juridical type of research, which includes the study of norm vagueness. This thesis uses various approaches, including the Legislation approach, conceptual approach, comparative approach, historical approach. The results of the study found that 1) The regulation on insults to the President and Vice President in the new Criminal Code, is not a violation or defiance of the Constitutional Court Decision Number 013-022 / PUU-IV / 2006 because there is progress from regulating the criminal act of insult to the President and Vice President in the new Criminal Code 2) special protection of the dignity and dignity of the honor of the President and/or Vice President is something that deserves attention in a presidential system like Indonesia because the Criminal Code is considered no longer able to support various cases and dimensions of the development of new forms of crime. The Criminal Code, which is a Dutch heritage, is also seen as incompatible with the development of thoughts or ideas and aspirations, demands or needs of the community, both on a national and international scale.

Judicial Review of the Authority to Investigate Financial Crimes after the Constitutional Court Decision Number 59/PUU-XXI/2023: Comparison of Indonesia, Australia, Japan and Germany

Financial crime refers to all illegal actions carried out by individuals or groups with the aim of obtaining financial gain. In facing this challenge, it is important for policy makers and legal practitioners to continue to carry out in-depth reviews of the authority to investigate financial crime. This research aims to examine the authority in investigating financial crime after the Constitutional Court Decision Number 59/PUU-XXI/2023 through a comparison between Indonesia, Australia, Japan and Germany. The method used in this research uses a conceptual approach and a comparative approach with normative research types. The research results show that the authority to investigate financial crime after the Constitutional Court decision Number 59/PUU-XXI/2023 has experienced significant changes in Indonesia. In Indonesia, the Constitutional Court decision Number 59/PUU-XXI/2023 regulates that investigators must be under the control and supervision of the National Police. This decision confirms the position of the National Police as an institution that has the authority to supervise and control the financial crime investigation process. This is expected to increase effectiveness and efficiency in law enforcement in the financial sector, as well as ensuring that the investigation process is carried out in a transparent and accountable manner. In comparison, in Australia, financial crime investigative powers are managed by several agencies, including the Australian Federal Police (AFP) and the Australian Securities and Investments Commission (ASIC). Japan has a Financial Services Agency (FSA) and a National Police Agency (NPA) which coordinate the investigation of financial crimes. Meanwhile, in Germany, the authority to investigate financial crimes falls under the Bundeskriminalamt (BKA) and financial supervisory institutions such as BaFin. This comparison shows that each country has a different approach in regulating the authority to investigate financial crime. In Indonesia, the confirmation of control and supervision by the National Police is expected to increase cooperation between law enforcement agencies and strengthen efforts to eradicate financial crime.

Akibat Hukum Praktik Perkawinan yang Tidak Tercatat di Kantor Catatan Sipil Dikaitkan dengan Hak Waris Anak di Luar Perkawinan Menurut Kajian Hukum Perdata

Referring to the Constitutional Court decision Number 46 / PUU-VIII/2010 that recognizes illegitimate children as having a civil relationship with their biological father, so that illegitimate children have inheritance rights. This decision has drawn pros and cons from the public. For those who support it, this decision is seen as legal protection and justice for illegitimate children, whereas for those who reject it, this decision is seen as an opening for crimes of deviation from religious values, such as unregistered marriages, acts of adultery or sexual immorality. This research method is empirical juridical. Types of secondary data sources obtained using library research. The results of the research show that to obtain legal certainty, the heir's statement should include the names of children from unregistered marriages, but this cannot be done, because there are no statutory regulations that determine the names of children resulting from extramarital marriages. is included in the deed, so an inheritance certificate containing the name of a child resulting from an unregistered marriage has legal force, therefore it is recommended that the government immediately do this and make regulations regarding the creation of inheritance certificates for children resulting from an unregistered marriage, so that it has clear legal force and permanent, and binding in general.

Analysis of the constitutional court's decision on the age limit of presidential and vice-presidential candidates in the perspective of Rechtstaat

Purpose: This study aims to determine the application of the concept of obedience and application of the concept of the Rule of Law (Rechtstaat) and the concept of Trias Politica to the Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the age limit for presidential and vice-presidential candidates and how the implementation and principles of individual freedom in the rule of law are implemented in Indonesia. Method: The research was conducted using normative research methods (doctrinal research) and a conceptual approach. Results: The research results show that the Constitutional Court's decision requires an approach to the concept of the Rule of Law (Rechstaat) and the Trias Politica concept so that there is no deviation from power and it is able to face the dynamics of change that occur in society, as well as making laws that are more autonomous from intervention by other authorities, such as political interests. Thus, the implementation of the rule of law in the context of a rule of law can be interpreted and followed by all citizens. Limitations: The main aim of applying the concept of the rule of law (Rechtstaat) and the concept of Trias politica is to limit the power of authority so as to produce legal science teaching centered on rights.

Execution of Fiduciary Guarantees Post Constitutional Court Decision Number 18/PUU-XVII/2019 According to Legal Justice Theory

Execution of fiduciary guarantees is a right for creditors holding fiduciary guarantees. The condition for a creditor to be able to execute a fiduciary guarantee is that the breach of promise of the debtor providing the fiduciary guarantee is fulfilled. According to Article 19 of Law Number 42 of 1999 concerning Fiduciary Guarantees (Fiduciary Law), creditors can execute objects that become fiduciary collateral if the debtor providing the fiduciary guarantee defaults. However, the creditor's rights above are not in accordance with other regulations because execution cannot simply be carried out. To carry out execution, the creditor must submit an application to the District Court. It should be understood that the birth of this fiduciary guarantee is to streamline the economic system, namely to make it easier for people to obtain financing for the purchase of movable objects without having to place the objects purchased as collateral in a financing institution. The debtor can still use the movable object in the hope that it will be used to improve the debtor's economy. This reality in the field is also confirmed by the decision of the Constitutional Court (MK) Number 18/PUU-XVII/2019 which interprets Article 15 of the Fiduciary Law which essentially states that the execution of fiduciary guarantees must carry out a request for execution in the District Court. The formulation of the problem in this research is 1. What is the law on voluntary execution of fiduciary guarantees in Indonesia? 2. What is the impact of the Constitutional Court (MK) decision Number 18/PUU-XVII/2019 on the protection of creditors holding fiduciary guarantees according to the theory of legal justice? This legal research method is normative legal research using a statutory regulation approach. The result of this research is the implementation of post-judgment fiduciary guarantee executionMK No.18/PUU-XVII/2019 has not provided legal certainty that provides justice because there are still differences in interpretation regarding fiduciary guarantees.