Indonesian Constitution Research Articles

Kewenangan Mahkamah Agung dalam Publikasi Pada Putusan Perkara Privat

This study examines the Supreme Court's authority to publish rulings on private cases and its impact on individuals' privacy rights. This authority, framed by transparency and data protection principles, is grounded in the right to public information per the Indonesian Constitution and Law No. 14 of 2008. However, publishing decisions in sensitive cases, such as divorce and domestic violence, risks violating individual privacy. This research addresses the urgent need to balance transparency and privacy by analyzing the legal basis and limitations on the Court’s authority. Through normative legal methods and legislative analysis, this study reviews key guidelines, including Supreme Court Decision No. 2-144/KMA/SK/VIII/2022, to recommend privacy protections for sensitive information in judicial rulings. Findings indicate that, despite a general obligation to disclose court decisions, exceptions must be made for sensitive data to safeguard privacy, contributing to a nuanced approach to judicial transparency.

Implementation of Health Insurance System in Independent Practice Midwives (Bpm) in the Framework of Maternal and Child Health According to Law Number 40 Year 2004 (Study in Surabaya City)

Abstract Introduction to the Problem: Health is a basic right guaranteed by the Indonesian constitution. The government, through BPJS Kesehatan, seeks to provide access to health services for all, including mothers and children. However, Independent Practitioner Midwives (BPM) often face obstacles in cooperation with BPJS. Purpose/Study Objectives: This study examines the implementation and constraints of the BPM health insurance system according to Law No. 40 of 2004. Design/Methodology/Approach: Primary data was obtained through observation and interviews with independent practicing midwives (BPM) in Surabaya. Secondary data came from legislation and legal literature. The analysis is done qualitatively by integrating empirical data and literature study to get a systematic conclusion. Findings: The health insurance system in independent midwives (BPM) provides access to maternal and child health in accordance with Law No. 40 Year 2004. BPMs are obliged to cooperate with BPJS Health to ensure affordable and quality health services. However, BPMs often face administrative and technical obstacles in establishing cooperation with BPJS, affecting the effectiveness of services.The implementation of the health insurance system in Independent Practitioner Midwives (BPM) in accordance with Law No. 40/2004 has improved access to maternal and child health in Indonesia. BPMs that cooperate with BPJS Health help reduce maternal and infant mortality rates. However, administrative, technical and financial constraints remain. Solutions include simplifying administration, improving facilities, and improving the claims payment system. Paper Type: Research Article

The Authority Analysis of Non-Legal Entity Organization and Opportunities for Dispute Resolution Through Litigation

Article 28 of the Indonesian Constitution is formulated to guarantee the freedom of associations and assembly, including the formation of community organizations (ormas). Ormas holding legal entity status are accommodated under associations, while non-legal entity ormas can still register but do not have the same status. The distinction between ormas and associations lies in their legal recognition. Associations possess legal entity status, while ormas are considered non-legal entities. According to Article 20 of Law No. 17 of 2013, ormas have the right to cooperate with other entities to develop and sustain their organizations. However, such cooperation may give rise to conflict, which cannot always be avoided. This raises important questions, such as "Do ormas administrators possess full authority to undertake all legal actions?" and "What avenues are available for ormas to resolve disputes through litigation?" To address these questions, doctrinal research is conducted using both legislative and conceptual methods. The results shows that the authority of ormas administrators is strictly limited by legal provisions. Since ormas lacks the legal standing required of legal entity, they are are unable to resolve conflicts through litigation. In light of such challenges, it is recommended that ormas registration system include a comprehensive list of members authorized to act on behalf of the organizations in civil actions with third parties. This measure would enable ormas to explore non-litigation channels for resolving civil disputes, offering a practical alternative to formal court proceedings.

Larvul Ngabal Law as A Regulation in Marine Resources Management In Kei Islands, Southeast Maluku Regency

Introduction: Hawear Customary Law has long been known in Southeast Maluku and has a rolewhich is important in organizing life, especially for traditional law communities. Hawear contains meaning prohibition to take natural resources on land or in the sea, which is based on several important and basic arguments. The principle that is the basis for the actual existence of Hawear's lais the principle of sustainablemanagement of natural resources. Wise thinking that develops wiselyThis local area is also based on the economic aspects of the country's community and the villages and villages located in the area small islands.Purposes of the Research: To find out and analyze Hawear's existence in protecting and preserving marine genetic resources in Southeast Maluku Regency.Methods of the Research: The approach method used in this research is sociological juridical which is a descriptive qualitative analysis study. This research seeks to describe what occurs in the Kei Indigenous Community in Southeast Maluku Regency, it is related to resource management coastal and marine power. The data collection techniques used in this research are: Interview, questionnaire and literature study.Results of the Research: The existence or existence of law Larvul Ngabal Currently, it is increasingly existing, this can be seen from the increasingly advanced society of Southeast Maluku and have the same feelings in a group, where they stay in one place because they come from from the same genealogy or descent. They have their own customary laws that regulate them regarding rights and obligations regarding material and immaterial goods. They also have social institutions, traditional leadership, and traditional justice recognized by the group. Larvul Nabalas a form of rule which the people of Southeast Maluku use in managing their marine resources is expected to remain the same obeyed so that it becomes a law in the management of resources both at sea and on land so that they are maintained natural sustainability. This is also in line with the protection of indigenous communities which has been recognized in Article 18B paragraph (2) and Article 28I paragraph (3) in the Indonesian Constitution The Constitution of the Republic Indonesia in 1945 (1945 Constitution of the Republic of Indonesia). This means that the state has recognized and respected rights indigenous communities, including the Law Society Larvul Ngabal.

Constitutional Amendment in a Democratic Rule of Law State in Indonesia

This research was conducted with the aim of finding out: 1) Procedures and practices for changing the constitution in Indonesia 2) Constitutional amendments in a democratic rule of law state in Indonesia. The type of research used in this research is normative legal research using a statutory approach and a conceptual approach. The types and sources of legal materials in this research are primary and secondary legal materials. The results of this research show that: 1) The procedures and practices for changing the constitution in Indonesia are regulated in several regulations, including: the 1945 Constitution to the RIS Constitution, the RIS Constitution to the 1950 Constitution, the 1950 UUDS to the 1945 Constitution and the 1945 Constitution (Decree) to the 1945 Constitution (Amendment). 2) Constitutional amendments in a democratic legal state in Indonesia, namely: First, changes to the constitution must be in accordance with procedures that have been determined by themselves, because this is what is in accordance with changes to the constitution according to law (vervassunganderung). Second, institutions that make changes must receive legitimacy from the people. Third, actions or changes to the constitution must involve the community.

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.

Pancasila Sebagai Sumber Nilai Pembentukan Peraturan Perundang-Undangan

Pancasila, aspthe foundation ofpthe Indonesianpstate, serves as thepultimate source ofpall sources ofplaw in the country. Although often a topic of daily discussion, Pancasila does notpseem to be explicitly mentioned in the Indonesian constitution. Therefore, this article aims to examine thepposition of Pancasila aspthe foundation of allpsources ofplaw, as well as formulatepsteps forpits application in buildingptheprule ofplaw in Indonesia. Thepresearch method appliedpin this article ispa literaturepstudy approach, usingpdata and referencespfrom various sources suchpas scientific journals,pe-books,particles, and relevantpmagazines. The purpose ofpthis writing ispto explorepmore deeply the conceptpof Pancasila aspthe basispof the entire framework of legislation in the Indonesian legal state, explain how Pancasilapis applied aspthe mainpsource ofplaw in the process of forming apstate ofplaw inpIndonesia, so that it can be understood the positionpof Pancasila aspthe foundation ofpall laws andpregulations, andphow it is applied as the main source ofplaw.

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.

Hak Asasi Manusia dalam Hukum Tata Negara: Antara Teori dan Praktik

This research aims to analyze the interaction between human rights and constitutional law in Indonesia, focusing on the discrepancies between theoretical frameworks and practical implementation. To achieve this objective, a qualitative approach was employed, utilizing a literature review and in-depth interviews with legal practitioners and human rights activists. Through this method, the study explores the views and experiences of informants regarding the challenges faced in the enforcement of human rights in the field. The findings indicate that although the Indonesian Constitution fundamentally regulates human rights, the enforcement of these rights often encounters various obstacles. Socio-political factors, such as instability and the attitudes of law enforcement officials, as well as inadequate legal mechanisms, pose significant barriers to the implementation of human rights protection. Additionally, institutional weaknesses within responsible agencies further exacerbate this situation. Therefore, the study concludes that there is an urgent need for reforms in both the legal framework and institutional practices to bridge the gap between theory and reality in the protection of human rights in Indonesia. Consequently, the findings of this research are expected to contribute to the development of policies and efforts for more effective human rights protection in the future.

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.

Term Limitation of Indonesian Parliamentarians Seen from Constitutionalism

This article intends to use a constitutionalist lens to examine why term limits for Indonesia's People's Representative Council and Regional Representative Council are necessary. The article employs the statutory approach, the conceptual approach, and the comparative approach to writing about normative law. The article makes use of deductive and inductive reasoning strategies grounded in prescriptive analysis. Due to the inability to locate a clause or provision that regulates limitedly regarding the limitation of the term of office of members of the People's Representative Council and Regional Representative Council of the Republic of Indonesia, from a constitutionalist's perspective, the paper concludes that such a limitation is urgently necessary. Since constitutionalism necessitates checks and balances, it follows that this goes against the Republic of Indonesia's constitution. As a result, the article concludes that three (3) factors emphasize the necessity of term limits for members of the Indonesian Parliament as a means of strengthening the principle of constitutionalism: (1) the existence of a legal vacuum, (2) the poor quality of Indonesian democracy, and (3) the importance of leadership regeneration.

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

THE ROLE OF THE COMMUNITY CENTER (BAPAS) IN THE ACCOMPANYING AND SUPERVISION OF CHILDREN PERFORMING CRIMES OF SEXUAL ABUSE Regarding the Decision of the Madiun Regency District Court Case Number 6/Pid.Sus Anak/2019/PN.Mjy

Children are the young generation and the foundation of the nation's hopes. Children are the successors of the ideals of the nation's struggle who have a strategic role and have special characteristics and traits that are expected to ensure the continued existence of the nation and state in the future. Children need to have the widest possible opportunities to grow and develop optimally, both physically, mentally and socially, and have noble morals. Children are an inseparable part of human survival and the survival of a nation and state. In the Indonesian Constitution, children have a strategic role which is explicitly stated that the state guarantees every child's right to survival, growth and development as well as protection from violence and discrimination. Children are not miniature adults, so based on the characteristics and characteristics of children, it is necessary to differentiate treatment. This is intended to better protect and protect children so they can face their future. With all the potential they have, it is not impossible that today's children will play a role in increasing the rate of national development in the future. For the continued growth of children, both mentally and physically, through interaction in society, children must really receive special attention. Apart from that, the treatment of children must really be paid attention to and treated carefully and conceptually so that the potential inherent in children can grow and develop well and in balance. Children are subjects who have feelings, thoughts, desires and self-esteem. They must be given the opportunity to be heard and have their opinions respected in matters concerning their interests. The rapid development of the world is nothing but the result of the development of human thought, both providing positive and negative impacts. The mentality of children who are still in the stage of finding their identity is sometimes easily influenced by the situation and environmental conditions around them. So if the environment where the child is in is bad, they can be influenced by actions that may violate the law. This of course can be detrimental to himself and society. Not a few of these actions ultimately got them into trouble with law enforcement officials.