Indonesian State Administration Research Articles

The Constitutional Court’s Protection and Fulfilment of the Citizens’ Rights: Constitutional and Islamic Law Perspectives

This study aims to examine the degree to which the Constitutional Rights of Indonesian Citizens are maintained by the state, specifically focusing on democratic Public Elections (Pemilu) and Public Elections for Regional Heads (Pemilukada). This study centers on the advancement of the political democratic process, particularly concerning law enforcement and the safeguarding of human rights. This analysis focuses on the implementation of these features by the Constitutional Court (Mahkamah Konstitusi), which has the responsibility of handling post-conflict public election issues. This study utilizes empirical legal methodologies, employing a framework that combines the constitutional law and the Islamic law. The data was acquired through in-depth interviews and a meticulous examination of pertinent literature. The participants were experts in the domains of the constitutional law and the Islamic law. This paper argues that the state has successfully protected the legal rights of citizens by incorporating them into laws, so fulfilling their constitutional privileges. Constitutional rights refer to essential human rights, particularly the right to engage in the democratic process through voting or candidacy in public elections. In the Indonesian state administration system, citizens have the privilege to report any election matters to the appropriate authorities and have it lawfully resolved by the Constitutional Court Institution. The Islamic law supports the harmonization of law enforcement and the protection of citizens' rights within the context of human rights. In Aceh, a region that implements special autonomy and the Islamic law, there is no prejudice against the rights of individuals based on their gender or religion. Under the Islamic law, voting or running for office is regarded as a right rather than an obligation. However, participating in the act of voting is highly valued as it provides benefits and serves as a preventive measure against damage.

Protection of Women Victims of Sexual Violence in Indonesia in Perspectives of the 1945 Constitution After the Amendment

Background: After the 1998 reform, the amendments to the 1945 Constitution which were carried out, have brought about changes in the Indonesian state administration, the recognition, respect and protection of Human Rights (HAM) has become an important change clause in the NRI constitution. Several legal instruments related to protecting women from sexual violence, the latest legal product being Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, demonstrate this commitment. Objective: The aim of this research is to analyze legal norms in various court decisions regarding the protection of women victims of sexual violence in Indonesia. Next, to look for a comprehensive concept of protection for women victims of sexual violence in national legal policies in Indonesia. Theoretical framework: This article will discuss and analyze the changes brought about by the 1945 Constitution after the amendments, especially regarding the protection of women against sexual violence. The extent to which the amendments to the 1945 Constitution have changed regarding the protection of women victims of sexual violence. There are contradictions regarding the condition of national criminal law regarding protective legal norms and sexual violence. This research proposes that there should be synchronization and harmonization efforts in national criminal law policies, in line with the 1945 Constitution which has been amended to ensure that the protection of women victims of sexual violence can be strategic and effective in Indonesia. In general, it provides benefits to help Indonesia carry out legal arrangements or reforms related to national criminal policies in line with the 1945 Constitution. Method: In this research, normative legal research methods are used to solve the legal problems being faced. This research to use several statutory approaches, a conceptual approach, a historical approach, a comparative approach and an analytical approach.

KEKUATAN EKSEKUTORIAL PUTUSAN PTUN (ANALISIS PELAKSANAAN PUTUSAN PTUN PADA KASUS PERIZINAN PERTAMBANGAN PT. TMS)

The PTUN’s decision are often not obeyed and implemented by state administrative officer. When the decision of PTUN doesn’t have executorial effect, judicial control which is owned by the PTUN as a form of implementing good governance in Indonesian state administration will be unclear. One of the problem occurs in the realm of mining business license. Government as the publisher of mining business license is often reluctant to comply with PTUN decisions to revoke decree on business license that violate the law. The purpose of this study is to determine the compliance level of the Minister of Energy and Mineral Resources and PT. Tambang Mas Sangihe (PT. TMS) to PTUN decision. The method of this study uses a normative juridical research model. While the data collection technique of this study uses library method. The results of this study shows that the disputed object “Decree of Minister of Energy and Mineral Resources Number: 163.K/MB.04/DJB/2021” is considered that have violated the law and general principle of good governance. As consequence, in PTTUN Jakarta's decision, the Minister was ordered to revoke the decree of mining permit for PT. TMS. However, the decision was not implemented by the Minister and PT. TMS.
 
 Keywords : Administrative court, Administrative court decision, executive power.

The Role of Political Parties in the Implementation of Democratic General Elections in the Indonesian State Administration System

Purpose: The objective of this study is to analyze the role of political parties in the organization of democratic general elections, in the context of the Indonesian constitutional system. Theoretical framework: Democratic elections are one of the fundamental pillars of the Indonesian political system, based on democratic principles. In this context, political parties play a decisive role in influencing and shaping the general election process, as well as in providing a forum for citizen political participation. Method: This research will use a qualitative approach, with a descriptive analysis and a literature analysis. The results of the study show that democratic elections can be demonstrated in at least 3 things, i.e. whether human rights are recognized, protected and promoted, the loyal capacity of electoral participants. Results and Conclusions: According to the study, democratic elections in Indonesia require an active role of political parties as representatives of the interests of the people. Political parties must be able to articulate the wishes and needs of citizens and to formulate programmes and policies that reflect citizens' values and expectations. In addition, political parties must ensure that the process of electing candidates is highly transparent and accountable. Research Implications: According to the conclusions of this study, political parties play an important role in Indonesia in ensuring the consedeo of democratic elections. Representing the interests of the people, participating in fair elections. Originality/value: Writing quality candidates and leadership candidates, and mobilizing the public to actively participate in elections are part of the responsibilities of political parties.

ANALISIS KEWENANGAN DPR TERHADAP POLEMIK PENGGANTIAN HAKIM MAHKAMAH KONSTITUSI

Therefore, the Indonesian constitution guarantees the independence of the judiciary from the intervention of other institutions. The polemic of the removal of a judge of the Constitutional Court by the House of Representatives has left a negative precedent in the Indonesian state administration. Moreover, Indonesia adheres to a system of separation of power or power sharing, where no one institution is higher than another state institution. Judicial power institutions are required to have freedom in carrying out their duties and functions. The dynamics of dismissing the Constitutional Court judge annulled the independence of the Constitutional Court. From the point of view of its own authority, the DPR cannot remove a judge from the Constitutional Court.

Tantangan dan Prospek : Implementasi Prinsip-Prinsip Demokrasi dalam Hukum Tata Negara Indonesia

This journal discusses the implementation of democratic principles in the context of Indonesian constitutional law. This study aims to analyze the challenges and prospects in implementing democratic principles in the Indonesian state administration system. The research methods used include literature studies, analysis of laws and regulations, and field research. Based on the research results, it was found that the implementation of democratic principles in Indonesia is faced with various challenges, including conflicts of political interests, corruption, weak public participation, and fulfillment of human rights. However, there are also positive prospects for the implementation of democratic principles, such as legal reform efforts, increasing public awareness, and the active involvement of civil society organizations. This research provides policy recommendations to improve the implementation of democratic principles in Indonesian constitutional law, including strengthening transparency, accountability, public participation, and protection of human rights. Keywords: implementation, democratic principles, constitutional law, challenges, prospects, Indonesia.

Juridical of Spatial Management in Bulukumba Regency

Reform is a new milestone in the journey of Indonesian state administration starting from the beginning, the New Order was eroded by the currents of reform. This research was conducted with the aim of (1) the application of legal regulations in Bulukumba Regency. (2) the factors that influence the implementation of Regional Regulations. Empirical legal research methods. Qualitative research, source linked. primary data collection, interviews, documentation, results of the provision of green open spaces based on regional regulations (PERDA) No. 21 of 2012 concerning spatial planning for RT/RW areas. Bulukumba Regency, seriously and gradually. Conclusion Suggests that the Bulukumba Regency government should instill the values of green open spaces increasing public understanding of policies that apply evenly and are not covered.

THE CONCEPTUAL AND HISTORICAL REVIEW OF CONSTITUTIONAL LAW IN INDONESIA

This research discusses constitutional law in Indonesia in terms of concept and history. The position of the constitution is an essential element in a state. It is the basic law in running the government of a country, because every legislation refers to the constitution as a reference. This research uses a qualitative descriptive method with the type of research is a library research. This research led to the conclusion that the constitution affirms the very strong position and relationship between the people and the ruler. The concept of the Constitution in Indonesia is based on the 1945 Constitution. The implementation of Pancasila democracy is based on the constitution or the 1945 Constitution. The history of the development of the Indonesian state administration there are four kinds of constitutions that have been in force, namely first, the period 18 August 1945-27 December 1949; Second, the period 27 December-17 August 1950; third, the period 17 August 1950-5 July 1959 ; fourth, the period 5 July 1959-1998.

CONSTITUTIONAL POSTPONEMENT OF THE 2024 GENERAL ELECTION IN THE INDONESIAN STATE SYSTEM

The discourse on postponing the 2024 general elections has become a separate discourse in implementing democracy in the Indonesian constitutional system. This intersects between holding general elections as mandated by the provisions of the 1945 Constitution and Law Number 7 of 2017 concerning general elections held every 5 (five) years and affirming the limitation of executive and legislative powers for 5 (five) years based on The 1945 Constitution. This becomes the primary argument in reviewing the constitutionality of postponing the 2024 General Elections in the Indonesian State Administration System. Postponement of General Elections as regulated in Law no. 7/2017, which basically regulates the existence of a an advanced general election and a follow-up general election. The follow-up general election and the follow-up general election constitute a postponement of the general election in the stages of holding the general election so that the follow-up general election and the follow-up general election do not include a postponement of the general election outside the stages of holding the general election. Postponement of general elections outside the stages of holding general elections has no legal instruments. As for the realization of postponing the General Election, it can be done through the issuance of a Perppu or an Amendment to the 1945 Constitution. Suppose it refers to the issuance of a Perppu. In that case, it is necessary to emphasize matters of urgency that compel the postponement of the general election can be carried out. In addition, the realization of postponing general elections with a rational paradigm can be carried out through the Amendments to the 1945 Constitution

Reflection of Political Law in the Development of State Constitution in Indonesia

The existence of goals in the state is in accordance with Emmanuel Kant's opinion that the existence of guarantees relating to the formation and defense is to improve the position of the law. There is a strong impetus that needs to be realized optimally when there is a change in the legal politics of state power, mainly so that there is no deviation from the direction of the law that will make it difficult to achieve the essence of the state. So how is the history related to the dynamics of legal politics in Indonesian state administration, political intervention in the development of Indonesian state administration, and finally how is the comparison of legal politics in national law and Islamic law. The problem approach used in this research is a normative approach. The normative approach is an approach that is carried out by collecting and studying applicable legal regulations that are closely related to research problems which include laws and regulations, official documents, and other sources. The results show that the reflection of the development or dynamics of legal politics in its influence on state administration includes the formation of laws and related authorities between each state institution, which is the basis for the direction of current state development. In this case, it is also seen that the role of legal politics can influence or intervene in the world of state administration, which is so dominating in various state administration structures. In this case, it is also necessary to see the role of legal politics in Islamic law, which is considered to play an important role historically in basic arrangements and is one of the factors in forming the pillars of state administration in Indonesia.

CITA HUKUM BANGSA DAN NEGARA INDONESIA DALAM KONTEKS RENCANA PEMBANGUNAN JANGKA PANJANG NASIONAL 2005-2025

Revisions were made to the Republic of Indonesia's 1945 Constitution, and the modifications had a profound impact on how the Indonesian state government was organized. The modification of the state's institutional structure for upholding legal norms that took place in Indonesia's political system after the end of the New Order era was a key stream of reform thinking. In the Indonesian state administration system, reform means strengthening the presidential system. The president's dual roles as head of state and head of government are at the heart of the presidential system of government (head of state). A normative and conceptual approach are combined in the study's explanatory technique. The state's experience with long-term development plan implementation is notably due to the third amendment to Article 3 of the Constitution of the Republic of Indonesia, which changed it to Article 3 Paragraph (1) and deleted the People's Consultative Assembly's jurisdiction. Use RI to generate the GBHN. The RPJPN was created in place of the GBHN as a framework for national development as part of the Decentralization and Regional Autonomy System implementation in order to address concerns regarding the president's latitude. Realizing the goals and aspirations of the nation and state is the primary goal of national development, according to the Preamble of the Constitution of the Republic of Indonesia.

Mekanisme Pemakzulan Presiden Sebelum Dan Sesudah Terbentuknya Mahkamah Konstitusi Di Indonesia

Indonesia is a republic in which the presence of a president is very crucial. From nomination until he takes office, a President must have characteristics and actions that reflect the contents of the law. If a President during his tenure is proven to have violated the provisions of the law, then the President can be impeached in various ways that have been regulated in the law. In the history of the Indonesian state administration, there have been impeachment of the President which was carried out without proof through the Constitutional Court. Because at that time the Constitutional Court had not yet been formed. Impeachment carried out on the basis of political judgment alone. In contrast, after the Constitutional Court was formed, the indictment against the President must first be proven in the Constitutional Court. This research is normative legal research, using a statute approach and a historical approach. The research sources come from primary legal materials consisting of the 1945 Constitution of the Republic of Indonesia and Law no. 24 of 2003 concerning the Constitutional Court. Secondary legal materials consist of books, journals, articles related to the research theme. The results showed that there were differences in the ratio legis used in impeaching the President before and after the establishment of the Constitutional Court. Before the Constitutional Court was formed, the legislative ratio used was based on Article 4 of the Decree of the MPR RI No. III/MPR/1978. Meanwhile, after the Constitutional Court was formed, the ratio legis used was Article 7A of the 1945 Constitution. The mechanism for impeachment was different between before and after the Constitutional Court was formed. Impeachment before the Constitutional Court was formed was based solely on political judgments. However, after the Constitutional Court was formed, impeachment was not only based on political judgment factors, but had to be judicially tested by the Constitutional Court.

The Concept of Impeachment in The Indonesia's Constitutional System From The Perspective of Fiqh Siyasah

This study discusses the Siyasah Fiqh Review of the concept of Impeachment in the Indonesian State Administration. The aim is to find out and understand the mechanism for impeachment/dismissal of the President or Vice President in Indonesia's constitutional system as stipulated in Articles 7 a and 7 b of the 1945 Constitution and the fiqh siyasa perspective on these rules. This research belongs to normative legal research that uses normative, juridical, and historical approaches. Data were collected using literary techniques, then analyzed descriptively and qualitatively. The results of this study indicate that the practice of impeaching the President in the past occurred more often due to political issues, namely the disputes between the legislature and the executive regarding the issue that the President had violated the law. In the past two impeachment proceedings, there has been no precise regulation regarding the impeachment mechanism of the President in the country's Constitution. After the amendment, the issue of impeachment was adopted in Articles 7A and 7B of the 1945 Constitution. Article 7A limits the grounds for impeachment, while Article 7B complicates impeachment by the presence of a judicial institution. From the perspective of Fiqh,siyasa, the head of State's impeachment can be carried out if it meets the criteria and reasons that Syara has determined'

The Position of Ministerial Instructions in the Indonesian State Administration System on the Enforcement of Restrictions on Community Activities (PPKM)

This study discusses the position of ministerial instructions in the Indonesian constitutional system for the implementation of restrictions on community activities as a result of the widespread spread of the corona virus disease (Covid-19) in Indonesia. The government issues policies that limit community activities, as well as other directives. Although the policy is considered effective by the government, it must be in line with the prevailing laws and regulations in Indonesia. This research is a normative research that uses legal material collection techniques through library research methods and is described qualitatively. This study explains how the position of ministerial instructions in the Indonesian constitutional system, the legal basis for the Enforcement of Community Activity Restrictions (PPKM) to the legal politics of regulating the Enforcement of Community Activity Restrictions (PPKM). The conclusion of this study is that the PPKM policy is a formal policy that is flawed, because Article 8 paragraph (2) of Law Number 12 of 2011 is violated in the stipulation of legislation. Although there are formal defects in the training process, PPKM substantially has similar characteristics to PSBB, which is regulated in Law Number 6 of 2018 concerning Health Quarantine and Government Regulation Number 21 of 2020. So it can be said that the legal product for implementing PPKM does not conflict with the rules laid down. above or above. Based on Law Number 2 of 2014 concerning Regional Government, health is not the absolute authority of the central government. Therefore, local governments have the authority to determine and enact regional regulations that specifically regulate PPKM.
 Keywords: The Minister’s Instruction; Constitutional System; PPKM

Gratifikasi Pasca Reformasi di Indonesia

Indonesian's state administration system, at least acts of corruption has penetrated various executive, legislative, and judicial institutions. Corruption crimes committed within the government will continue to be an obstacle in the implementation of development and people's prosperity. The purpose of writing this article is to find out and understand how far the implementation of Indonesian governance is in relation to corruption. The conclusion obtained from this paper is that good governance has not been fully implemented in Indonesia, but if you look at the trend of government assessment indicators, there are changes in the positive direction, meaning that efforts to realize good governance will soon be achieved.

Model of Political Party Financial Regulation in Post-Reformation Indonesia

One of the sine qua non in modern democracies is the existence of political parties. In the context of the Indonesian state administration, the important role of political parties is emphasized through the provision of important functions by amending the 1945 Constitution of the Republic of Indonesia. To carry out the important functions of political parties, access to money is needed, but in politics the role of money must be regulated to prevent the negative impact of money in democracy. This research is a normative legal research, descriptive-prescriptive in nature, focusing on examining primary and secondary legal materials, using a statutory and conceptual approach. Since the beginning of the reformation period in the general elections of 1999, 2004, 2009, and 2019, the financial regulation of political parties in Indonesia has followed a prescription model, which is a regulatory model that issues orders and dictates the sources of revenue for political parties but does not regulate or dictate the use of political party funds. Efforts to maximize political parties' financial arrangements in order to ensure their independence and strengthen the principle of accountability begin by reformulating the regulation of funding sources from the state budget by adopting in-kind assistance, such as advertising prior to the general election to all parties participating in the general election.

Hukum Islam dalam Ketatanegaraan Indonesia

Islam came to Indonesia with complexity, namely not coming from one place, from the role of a group, nor at the same time. This phenomenon becomes interesting because we then see various theories about the emergence of Islam in Indonesia. However, the emergence and development of Islam in Indonesia is a subject of change. This of course does not stop the study and discussion of Islamic infiltration, because there is still a lot of scope to correct or strengthen existing theories. However, after entering the period of independence, starting with the reign of the Old Order, the New Order and up to the current Reformation Order, Islamic rule has increasingly accepted its position and role in Indonesian constitutional life. In the third period of this order, laws and regulations that contain Islam and Islamic forums are increasingly proliferating using fertile and strategic terms. This paper will describe that Islamic rules have an important position in guarding the Indonesian state administration, towards a new Indonesia. Considering its revelationistic and rationalistic character and combining idealism and realism, Islamic law is able to guarantee the demands of the dynamics of the Indonesian state administration.

Undelivered constitutional justice? Study on how the decisions of the Constitutional Court of the Republic of Indonesia are executed

The constitutional design of the institution of the Constitutional Court (MK), as the guardian and the sole interpreter of the Constitution, is to ensure and guarantee the supremacy of the Constitution, constitutional compliance, and to bestow constitutional justice for citizens in the practice of Indonesian administration. However, the reality of the Indonesian state administration shows that there is still disobedience or neglect of the judicial review decision produced by the Constitutional Court. This paper aims to analyze how the Constitutional Court's decision is executed and offer the alternatives to overcome non-compliance with the decision or ensure follow-up on the Constitutional Court's decision in the judicial reviews. This research is normative legal research using a statutory approach, comparison, and conceptual approach. This study's results indicate a constitutional evil in the form of neglect or disobedience to the decision. In that context, institutional improvements that can be adopted are needed to strengthen collective adherence to the supremacy of the Constitution. The three alternatives offered by this article are the amendment of the Constitution, the granting of flexibility to the PUU of the Constitutional Court, and the establishment of a Special Directorate at the Ministry of Law and Human Rights

The Position of Subsidiaries State-Owned Enterprises in the Mining Industry Sector in Indonesia's State-Owned Perspective (Study of Subsidiaries in the Structure of a SOES Holding Company in the Mining Sector PT. Indonesia Asahan Aluminum Persero)

Issues regarding the establishment of a State-Owned Enterprise holding company in the mining sector as well as other sectors in the perspective of the Indonesian state administration will cause legal problems, including the constitutionality of the establishment of a SOES subsidiary, the legal entity status of a SOES subsidiary, the financial status and state assets in a SOES subsidiary, and state control over SOES subsidiaries. This normative legal research uses a statutory approach and then analyzed using qualitative data analysis methods. The position of SOES in the Indonesian economic system is as an implementer of the state's right to control important economic resources and control the lives of many people. The position of the subsidiary in the state-owned mining holding company remains as a State-Owned Enterprise and does not change to an ordinary limited liability company. State control over SOES subsidiaries in the structure of the SOES holding company in the mining sector can still be exercised through the ownership of Series A shares by the Government of the Republic of Indonesia as stated in Article 33 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Keywords: subsidiary, state-owned enterprises, holding company, Mining, state administration.

KETERLIBATAN DEWAN PERWAKILAN RAKYAT DALAM PENGISIAN JABATAN HAKIM AGUNG DAN HAKIM KONSTITUSI DITINJAU DARI PERSPEKTIF KETATANEGARAAN INDONESIA

The involvement of the DPR in filling positions The Supreme Court and the Constitutional Court have the potential to create a number of new problems in the context of the Indonesian state administration. One example is the increase in the authority of the DPR and is very decisive in the selection and determination process of Supreme Court Justices and Constitutional Justices, where this often leads to excesses, namely the occurrence of politicization, collusion and nepotism. In this research, two problems are formulated as follows: first, how is the power position of the DPR involved in filling the Supreme Court and Constitutional Justices in the Indonesian constitutional system?; Second, has this involvement been in line with the principles and principles of power sharing and checks and balances? The methodology used in this research is a normative research method using secondary data sourced from legal materials, while the approach is carried out using a conceptual approach, a case approach and legislation. From the results of this study, several conclusions can be drawn, among others, first, with the involvement of the DPR in filling the positions of supreme justices and constitutional judges as part of the demands for reform that gave birth to transitional democracy after the fall of the New Order regime. Second, the involvement of the DPR institution is a deviation from the principle of power sharing, and does not reflect the principle of checks and balances, because the legislature plays a very important role in determining state agency officials, starting from the selection process to determining officials, while the role of the President is only to inaugurate and ratify officials who has been approved by the DPR.