Indonesian Constitution Research Articles

Pelaksanaan Kebijakan Diskriminasi Positif Bagi Penyandang Disabilitas Untuk Memperoleh Pekerjaan di Kota Jambi

The aim of this research is to determine the implementation of positive discrimination policies for people with disabilities to obtain jobs in Jambi City. Empirical juridical research using a socio legal research approach. Data sources were obtained from field data and library data, data collection techniques used interviews and documentation, data were analyzed descriptively analytically. The research results show that the right of people with disabilities to get work is a constitutional right guaranteed in the 1945 Republic of Indonesia Constitution and various laws and regulations related to people with disabilities, employment and human rights. Positive discrimination policies are needed as an effort to protect and fulfill the rights of people with disabilities to get jobs in Jambi City in the form of ease of information and building accessibility as well as a quota system to fulfill the rights to get jobs for people with disabilities. The implementation of positive discrimination policies for people with disabilities in obtaining jobs in Jambi City in the future requires a form of positive discrimination policy that is based on the principle of justice and the application of the whole government concept as a form of data integration as an effort to empower people with disabilities, so that protection, fulfillment of rights, guidance and empowerment of people with disabilities disabilities to obtain work in Jambi City can be fulfilled

Criminal Fines and Customary Justice in Papua: Socio-Legal Analysis in Child Sexual Intercourse Cases

This study aims to analyze the formulation and application of criminal fines for child sexual intercourse within Papuan Indigenous society. Utilizing a socio-juridical or empirical legal research method, the study examines criminal sanctions, particularly fines, in cases involving child sexual intercourse. Data collected from primary, secondary, and tertiary sources are analyzed qualitatively to draw legal conclusions. The research highlights that customary law, recognized under the 1945 Constitution of Indonesia, plays an essential role in the legal culture of Indigenous communities, including those in Papua. Customary courts, as established by Law Number 21 of 2001 concerning Special Autonomy for Papua Province, are recognized within specific customary law communities. These courts operate based on the respective community's customary law, with provisions allowing for judicial review in formal courts if a party disagrees with the customary Court's ruling. Regarding fines as a criminal sanction, determining the appropriate amount often complicates the resolution of cases. The system is rooted in communal values emphasizing collective rather than individual justice, reflecting principles of kinship, religious beliefs, and societal cohesion in decision-making.

EXPLOITATION OF WOMEN IN THE CHANGING POWER DYNAMICS

This research examines the role of women in political oligarchy and their potential to change power dynamics. Political oligarchy concentrates power in the hands of a few, often overlooking women's roles within this structure. Feminist intersectionality reveals that social class significantly influences women's involvement in oligarchy, with greater barriers for women from lower economic classes. Women's participation in politics, both as leaders and members of political parties, is crucial for representing their unique needs in policy-making. However, women in decision-making roles often face cultural and normative dilemmas, needing to overcome negative stereotypes. The feminist movement plays a vital role in addressing gender inequality by changing cultural norms and raising awareness of gender bias. Although the Constitution of Indonesia and international conventions affirm gender equality, implementation requires specific policies. This research employs a qualitative descriptive method, collecting data from literature, official documents, and news sources. Findings indicate that women's roles in political oligarchy are often tied to kinship relations, political clans, and dynasties. Despite affirmative action policies promoting 30% female representation in legislative candidate lists, this representation often serves to validate the interests of certain groups. Nonetheless, women's involvement in politics is a positive step toward gender equality. Addressing gender inequality and increasing women's participation in decision-making requires robust efforts to support women's rights and dismantle social and political barriers. Further policy implementation to support women's political representation is essential for a more inclusive and gender-equal society.

The Effectiveness of Recognizing the Existence of Traditional Institutions in Indonesia Based on The Constitution

Plurality is a social fact that cannot be avoided in Indonesia. The diversity of Indonesian people's tribes, religions, races, languages ??and religions shows their diversity. The founders of the Republic of Indonesia used the basic philosophy of "unity in diversity" to show the diverse social reality of the Indonesian nation, and the basic philosophy of "tunggal ika" to show the desire to unite the entire Indonesian nation into one. With the combination of the two, the philosophical motto of the Indonesian nation is "Unity in Diversity", which means unity in diversity. Apart from various different societal systems and structures, this community has unique norms that are considered customs and are adhered to by its community members. Customary law communities are genealogical or territorial communities that are prosperous and have citizens who are different from members of other legal communities and can act as independent and independent legal subjects. One of the problems in administering customary law communities is the existence of customary institutions. The problem currently occurring is that there is no clear and integrated mechanism for recognition and protection procedures. Regulations regarding procedural mechanisms for recognizing the rights of customary law communities through sectoral legislation are often not adhered to by various parties, in fact the nature of the regulations which do not focus on specifically regulating customary law community institutions has an impact on ineffective implementation even though customary institutions have relevance to the Indonesian constitution. The existing mechanism only concerns the process of identification, verification and determining its existence, which makes it increasingly pressured by development activities that do not pay attention to traditional rights and threaten local wisdom.

Perlindungan Perlindungan Terhadap Perempuan Korban Kekerasan Berbasis Gender Online Dalam Era Digital

In today’s digital era, sexual violence crimes often occur in cyberspace. Based on the annual records of the National Commission on Violence Against Women, reports of cases of online gender-based violence have increased in the last five years. Cyberspace is currently not a safe space for women. As a basic law, the Indonesian Constitution of 1945 explicitly regulates the right to a sense of security and protection for everyone. The methods used in this study are normative juridical using a legislative approach and a case approach. The purpose of this study is to provide legal arguments regarding whether an event is right or wrong and how the event should be according to law. Based on the results of the study, in law enforcement, law enforcement officers often use the electronic information and transactions law and the pornography law which results in victims being in a vulnerable position. The negative stigma from society and criminalization of victims result in a minimum of cases being resolved through litigation so that victims do not get the right to handling and recovery as mandated by the law on sexual violence. The state must guarantee a safe space for women in cyberspace. The state must carry out its commitment to provide justice and restitution to victims as mandated by law. For the sake of legal certainty, the government must immediately ratify the implementing regulations of the law on sexual violence. Provide socialization to the public regarding the law on sexual violence to increase public legal awareness and improve the competence of law enforcement officers by providing training in handling cases of online gender-based violence.

The Concept of an Ideal State According to Fundamentalists: An Analysis of Abu Al Ala Al Maududi's Thoughts and Its Implications for Multicultural Countries

This research examines the concept of the ideal state according to the views of Islamic fundamentalists, namely Abu Al Ala Al Maududi, and its implications for multicultural countries such as Indonesia. Fundamentalism is always attached to certain religious groups that want the purification of religious teachings. Fundamentalists usually believe in the existence of literal (textual) truth, which is usually sourced from holy books that are absolute and basic. The method used in this research is qualitative, with a literature study as the basis for data collection and analysis. The results of this study are Al Maududi's thoughts about the state with the concept of government, which is based on three things, namely Universe, Al Hakimiyah Al Ilahiyah, and power in the field of legislation, which recognizes the Law of Allah SWT as the highest law in the world, and sovereignty, which is only owned by Allah SWT (God's sovereignty), or what is known as a limited popular sovereignty under the suzerainty of God, cannot be applied in Indonesia, even though Indonesia is a country that recognizes the existence of God, which is expressed through the ideology of Pancasila and the Indonesian Constitution. The implication is that if applied in a multicultural country like Indonesia, it will cause conflict and disintegration. In addition, it is feared that it will also cause discrimination against minorities and hegemonize the majority group.

Korelasi Antara Konstitusi dan Kekuasaan dalam Mempertahankan Nilai Nilai Konstitusi

Lack of adequate legal protection for people in Indonesia, social injustice, and social and economic inequality between regions and groups of people, which results in injustice in the distribution of resources and services as well as social welfare, and limited human rights. The research method is descriptive qualitative, which is commonly used in constitutional research including: Literature study, document analysis, conducting discussions with relevant political experts and actors and then conducting content analysis. The results of the brief review, namely the Study of the Constitution in Indonesia, are very important in understanding the legal and political basis of the Indonesian state. Constitutional Studies students must have 21st century skills such as an understanding of basic concepts in the constitution, the ability to analyze issues related to the constitution, the ability to identify weaknesses in constitutional documents and the ability to propose changes needed for the progress of the Indonesian state. In the controversy over choosing to return to the original 1945 Constitution or remain in the 1945 Constitution of the Republic of Indonesia, it is important for us to have a deep understanding of constitutional documents and issues related to them as well as the ability to think critically to consider the arguments of each party. It is important for us to apply and implement the current UUD in accordance with the spirit and principles contained therein for the advancement of the Indonesian state.

Citizens' rights in obtaining optimization of the implementation of the national health insurance program

This study aims to analyze the rights of citizens in obtaining optimization of the implementation of the national health insurance program. This research is in the form of normative or doctrinal legal research/library research, using a statutory approach and conceptual approach. The results of the study reveal that the implementation of the right to health based on the mandate of the 1945 Constitution in Indonesia has not been maximally implemented. This can be seen from the application in terms of facilities, health workers and the application in terms of the national health insurance system. Optimizing the implementation of the guarantee with the issuance of Presidential Instruction of the Republic of Indonesia Number 1 of 2022 concerning Optimizing the Implementation of the National Health Insurance Program was also found to be disharmonized with the principle of Portability and the non-fulfillment of the value of justice or equality of National Health Insurance participants, especially the rules on migrant workers. Therefore, it is necessary to conduct an evaluation related to the fulfillment of citizens' rights to health, as well as to review the Presidential Instruction of the Republic of Indonesia Number 1 of 2022 concerning Optimizing the Implementation of the National Health Insurance Program, especially regarding the obligations of pilgrims and migrant workers to remain active participants, so that the value of the principle of benefits can be obtained by all JKN participants fairly.

Indonesian national health policy: Legal analysis of the elimination of mandatory health spending

Pusphose: The elimination of mandatory spending in Law No. 17 of 2023 on Health has sparked controversy, particularly because it contradicts the World Health Organization's recommendation that allocates 5-6% of GDP to health budgeting to facilitate better access to healthcare services. This removal also potentially violates the Indonesian Constitution, which through Article 28E, Article 28H paragraph (2), Article 28D paragraph (3), and Article 34 paragraph (3) guarantees the fulfillment of health rights for vulnerable groups. Method: This study employs a legal dogmatic research method to analyze the constitutionality of eliminating mandatory spending in Law Number 17 of 2023 on Health, as it pertains to the 1945 Constitution of the Republic of Indonesia, using John Rawls' theory of justice as a tool for legal analysis. Result: Law No. 17 of 2023 on Health has eliminated the mandatory spending provision, which previously stipulated a minimum health budget allocation of 5% from the national budget (called APBN) and 10% from the regional budgets (called APBD), as per Law No. 36 of 2009. The new law introduces performance-based budgeting, but it remains unclear how it will be implemented, especially at the regional level. The main criticism is that this potential elimination could reduce health guarantees for vulnerable groups, contradicting the principles of social justice mandated in the Indonesian Constitution. Conclusion: Although the Constitutional Court has rejected a formal review of this law, opportunities still remain for a substantive examination of the real impact of this elimination on the health access of vulnerable groups.

The Legitimacy of Traditional Village Levies and the Authorities of Traditional Villages in Bali Reviewed from the Accountability of Financial Management

The theoretical issues surrounding the Balinese Traditional Village levy (stand) arise when compared to Article 23A of the 1945 Constitution of Indonesia, which mandates that taxes and levies for state needs must be regulated by law. However, Traditional Village levies, based on perarem and Article 18B paragraph (2), are fees rooted in local customary law. Deconstruction theory suggests that the legal text and context of these levies can be reconstructed to meet community needs, promoting justice and legitimizing Balinese Traditional Villages. The clarity and constitutionality of Bali Regional Regulation No. 4/2019 are crucial in ensuring that these levies are recognized as legitimate and not deemed extortion, as long as they are conducted in accordance with customary law.

INDONESIAN FINANCIAL LAW: HISTORY AND RECENT DEVELOPMENT

The economic system and political regimes in most cases affect major changes in the financial laws of the state. Indonesia, the big country that gained its independence in 1945, had a long journey of financial struggles and challenges, particularly in the political regimes that divided into the Old Regime, the New Regime, and the Reformation Era. The objectives of this paper try to examine how Indonesia's economic system affects the state's financial policies described in legislation. Other objectives are the development of financial law in Indonesia based on the period divisions with historical perspectives. With normative legal research, this study will analyze several sources of laws and regulations on financial policies throughout the historical periods of Indonesia. In conclusion, Pancasila, and Article 33 of the Indonesian Constitution 1945 become economic constitutions that form the basis of financial policies of Indonesia. Moreover, the politics of the ruling regime strongly influenced financial law policies in Indonesia. The characteristics of monetary law changed based on the transfer of legal politics during the Old Order, New Order, and Reformation era

Kewenangan Pemerintah Kabupaten/Kota dalam Pengelolaan Sumber Daya Alam di Wilayah Laut Perbatasan Negara

Introduction: Indonesia is one of the largest archipelagic countries in the world with a total of 17,508 islands and borders with other countries. As a country with a number of boundaries with other countries, Indonesia must strategically plan its borders to protect the sovereignty of its own country.Purposes of the Research: This writing aims to re-position the regional government's authority in managing marine natural resources, especially those in border areas.Methods of the Research: The research method used in this study is normative legal research or another name, namely doctrinal law research which uses statutory regulations as the basis for this research. The analysis uses the statutory approach (statute approach), and the conceptual approach (conceptual approach).Result of the Research: The results of this study indicate that in the Indonesian constitution, there is the authority given to Regency/City Governments to manage border areas for the welfare of the surrounding community and Indonesia as a whole. Thus this thesis was developed in the interest of advancing educational science.

Building a Responsive Legal System Through Reforming the Indonesian Constitution

Legal politics or what is known as policy direction is important in order to provide direction on the form and material of law. However, in a study that examines the problems of law enforcement, in Indonesia, which was studied from a legal sociology perspective, it was stated that developments in the world today often give rise to various problems, whether in the form of violations of norms that exist in social life or rules that have a tendency to create a phenomenon that is contrary to moral and ethical rules as well as legal rules. This paper aims to find out the facts and legal political realities that occur on post-reform legislation in forming responsive laws. Using a normative writing method. The direction of legal politics in post-reform Indonesia is the desire to form a responsive legal system, this can be implicitly seen in several changes to the constitution. Change towards responsive law is not something instant and easy, there must be a commitment from the state and the people together to realize the ideal of this system. Although the current implementation of law still experiences many errors here and there, at least the existing legal products have led to laws that responsive, what is needed now are leadership figures who are able to bring Indonesia to the implementation of responsive laws that are in accordance with what was previously expected in order to achieve prosperity for the people.

Sovereignty and Human Rights: Examining Sustainable Plantation Enterprises in Indonesia

The Sovereignty Principle in the Plantations Law legalizes dynamics that disproportionately empower plantation companies while disenfranchising indigenous peoples. Under this principle, plantation permits are granted to companies, not indigenous communities, limiting the latter's involvement in mandatory deliberations set by the law. Consequently, indigenous peoples are coerced into relinquishing their lands in exchange for compensation, leading to the erosion of their collective land rights. This practice is at odds with the protections intended under Article 28D Paragraph (1) and Article 28H Paragraph (2) of the 1945 Constitution of Indonesia, which safeguard collective rights to property. The lack of political will to recognize and protect these rights suggests a troubling disregard for the existence and sovereignty of indigenous peoples.

Fungsi Dewan Perwakilam Rakyat Dalam Pembentukan Peraturan Daerah

Introduction: Article 1 paragraph 3 of the Republic of Indonesia Constitution provides legal guarantees. The Indonesian state in its government system has developed in terms of state institutions which we usually know as decentralization, the presence of the DPRD as a legislative institution or people's representative institution has the task of regulating regional government. Law Number 23 of 2014 concerning Regional Government, the DPRD has duties and authorities at the provincial and district/city levels, one of which is forming regional regulations.Purposes of the Research: This study aims to etermine the whether the function of forming regional regulations is an obligation for the DPRD, and the legal consequences if the function of forming regional regulations is not carried out by the DPRD.Methods of the Research: This study use normative juridical research, which to find out whether the function of forming regional regulations is an obligation for the DPRD, and the legal consequences if the function of forming regional regulations is not carried out the DPRD.Results of the Research: unction forming regional regulations as obligation of the DPRD is regulated in Law No. 23 of 2014 concerning Regional Government. in making regional regulations, authority is given by Bapemperda whose authority regulated by Article 52 PP No. 12 of 2018 concerning Guidelines for Preparing Provincial, Regency, City DPRD tatips. Bapemperda in exercising its authority to form regional regulations is outlined in the Propemperda. The authority given by this law is expected that the DPRD can understand its function an obligation. Among them is the function of forming regional regulations as an obligation of the DPRD. legal consequences for the DPRD not carrying out the function of forming regional regulations based on the problems raised by the author are that there are legal sanctions for the DPRD.

STRATEGI OPTIMALISASI LAYANAN DIFABEL PADA DINAS PERPUSTAKAAN DAN KEARSIPAN KOTA YOGYAKARTA

Disability services are an obligation mandated by Indonesian Constitution to ensure equal access to public services for all citizens without exception, including for citizens who have physical, mental, intellectual and sensory limitations (disabled). However, in practice, the provision of disability-friendly public services is still not optimal, in terms of utilization and provision of existing facilities. It is this urgency that directs research towards the aim of knowing the factors that cause less optimal services for people with disabilities to formulate effective strategies in order to optimize services. This research belongs to the type of qualitative research with descriptive analysis. The analytical tool used to formulate effective strategies is SOAR analysis. SOAR Analysis is a development of SWOT Analysis which focuses on leveraging organizational strengths and opportunities to realize aspirations and results that are explored together to present more optimistic strategies, rather than focusing on weaknesses and threats. It is very much suitable for the organizational form of government agencies; those prioritize public trust. The results of the study show that factors causing the non-optimal disability services in Office of Yogyakarta City Library and Archives are facilities and infrastructures, human resources (HR), and policies. The strategy for optimizing DPK Yogyakarta City disability services consists SA Strategy (operating disabled service attendants), SR Strategy (development of voice book search feature and voice archive search feature), OA Strategy (installation of induction loop system in service areas, providing wheelchairs, educational film collections with sign language, adding PCs, media transfer tools, talking books, and also replacing damaged mobile fleets to re-function mobile library for Special Needs Schools), and OR Strategy (organizing Applied Literacy activities involving disabled and launching archival search services and special archive restoration services for disabled in near future).

The Regulation Impact of Foreign Ownership on the Cooperation Projects Air Transportation

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">This study aims to identify, locate, and analyze constitutional issues regarding the impact of foreign capital ownership above 50% (fifty percent) in government-business cooperation projects, particularly in the area of public interest projects involving air transportation infrastructure. This normative research examines legal texts, mainly primary and secondary legal materials. This research found that, first, the changes in the Presidential Regulation regarding foreign investment in the field of public interest, such as airport services, were incompatible with the Constitution. The changes abolished the maximum percentage limit of foreign investment regulated in the previous provisions so that currently, foreign investment may carry out Government Cooperation with Business Entities on air transportation infrastructure projects without a percentage limit. Second, based on the Indonesian Constitution, ownership of air transportation should be under the state's authority, learning from China, which excessively applies foreign investors in the air transportation sector, causing consumer welfare to be affected by very high airplane ticket prices.</p></td></tr></tbody></table></div>

E – CONSTITUTION: THE MEANING OF CONSTITUTION IN DIGITAL DEMOCRACY IN INDONESIA

This paper aims to analyze the Indonesian Constitution in digital development. The constitution is the backbone of the implementation of democracy. The implementation of democracy in recent times has also been affected by digital developments. Freedom of speech as the core of democracy is not only implemented in old media such as mass media, but also through digital tools such as social media. With various problems, freedom of speech in social media and other digital media is also threatened, although it is protected by the Constitution. The Indonesian Constitution was written and drafted at a time far from the birth of digital technology. This anachronism requires that the constitution be adapted to digital developments. The adaptation of the constitution to the digital world can be called e-constitution. This e-Constitution must be distinguished from the digitization of legal instruments such as e-KTP or e-Government services. E-Constitution is constitutional sovereignty in the digital world. The writing of this article uses normative research with a reflective approach. The results of the discussion in this paper led to three conclusions. First, the 1945 Constitution was formed long before the development of digitalization. Second, digitalization together with democracy is developing very dynamically, so the constitution needs to be relevant to various changes. Third, the Constitutional Court is a living constitution, which has the role of guardian and interpreter of the constitution. The Constitutional Court must make decisions that remain in favor of constitutional values and remain adaptable to the development of democracy and digitalization.

Evaluation of Electronic Dental Medical Records at Sultan Agung Islamic Dental Hospital: Compliance with Indonesian Laws and Regulations

Background: Dental electronic medical records have already been used in many dental care services in Indonesia. Yet, the actual definitions and constitution that regulate this dental electronic medical record are still in debate. Therefore, this study aims to analyze the use of dental electronic medical records in Sultan Agung Dental Hospital Semarang based on the constitution in Indonesia. Method: Our study used a cross-sectional analysis with an observational description of the component and security of the dental electronic medical record in Sultan Agung Islamic Dental Hospital Semarang. Results: Dental electronic medical record in Sultan Agung Islamic Dental Hospital didn’t complete the odontogram teeth component. The software used in the dental electronic medical record didn’t have a tool to write specific symbols and color signs on the odontogram teeth component. Conclusion: The complete format and the security of dental electronic medical records in Sultan Agung Islamic Dental Hospital Semarang have not aligned with the Indonesian constitution and regulations.

Enforcement of State Law by the Republic of Indonesia Attorney General's Office in the Perspective of Law Number 16 of 2004

The Republic of Indonesia is a country with a constitutional system that is governed by the Indonesian Constitution. It is an independent and effective law enforcement agency in Indonesia. This paper aims to explore the enforcement of state law by the Prosecutor's Office of Indonesia (Kejaksaan RI) in the perspective of Law Number 16 of 2004. It focuses on the mechanisms, practices, and effectiveness of this enforcement from a legal and procedural standpoint. The research may offer insights into the interpretation and application of this law, identify challenges, and suggest potential improvements or reforms in the enforcement process. It provides a solid legal foundation for the Attorney General's office of Indonesia to carry out its duties as a policing in upholding justice and legal sovereignty in Indonesia's established framework. It emphasizes the crucial role of the Penal Service of Indonesia in constitutional law enforcement, including prosecuting crimes that harm the interests of the state or the public. Ensuring constitutional law enforcement is crucial for maintaining legal stability, eradicating corruption, improving governance, and strengthening public trust. Indonesia can achieve effective enforcement through strengthening regulations, coordination between legal institutions, and government, and by enhancing capacity and resources through training, education, professional development, interagency cooperation, and transparency and accountability.