MK Decision Research Articles

Sentiment Analysis of the MK Decision Trial of the Result of the 2024 President and Vice President General Election on Social Media X Using the Support Vector Machine Method

Support Vector Machine (SVM) is a method of machine learning often used in classification and regression issues, especially in the classification of commentary reviews on social media such as Twitter. The Constitutional Court (MK) has the authority to resolve disputes resulting from the general election, including the 2024 presidential election. As an institution that maintains fairness and transparency in the democratic process, the Constitutional Court's decisions are often at the center of public attention and debate, especially on social media. In the 2024 general election, various allegations of fraud led to protests from several parties who felt aggrieved. The final and binding Constitutional Court's decision is expected to resolve the conflict that arises, but it often does not satisfy all parties, causing political and social tensions. This conflict can be reflected through public opinion expressed on social media, such as Twitter, where various responses and sentiments to the decision are essential analysis materials. This Research uses the Support Vector Machine (SVM) algorithm with a dataset of 1383 review comments divided by an 80:20 ratio for training and testing. The system was implemented using the Python programming language, with evaluations showing the highest accuracy at 61.00%, precision at 61.00%, and recall at 62.00%. This study aims to analyze public sentiment regarding the Constitutional Court's decision using the SVM method and identify the tendency of public opinion as positive, negative, or neutral. Through this study, it is expected that a deeper understanding of the public's perception of the Constitutional Court's decision is obtained. In addition, this Research is likely to contribute to developing sentiment analysis methods in the future and provide a basis for recommendations for the Constitutional Court in handling election result disputes better.

Measuring the influence of dynastic politics in the MK Decision Number 90/PPU-XXI/2023 on democracy

Measuring the influence of dynastic politics in the MK Decision Number 90/PPU-XXI/2023 on democracy

Do The Tax Court Decisions Fulfill Tax Justice? Literature Review

Based on MK decision Number 26/PUU-XXI/2023, the Constitutional Court (MK) has determined that the Tax Court Institution, which was formerly under the Ministry of Finance, will henceforth be under the Supreme Court (MA) no later than December 31, 2026. In accordance with Tax Court Law Number 14 of 2002, the purpose of this study is to locate and evaluate tax court rulings with the goal of enhancing tax compliance. A qualitative technique is employed in the research methodology, together with a literature review analysis of research findings and tax laws pertaining to court rulings and tax compliance. The findings demonstrate how judicial rulings support tax justice. Taxpayers have great faith in the Tax Court to settle their tax disputes. It is hoped that by consolidating the Tax Court under the Supreme Court, the Tax Court will play a larger role in resolving tax disputes and offering justice.

Fulfilling the Right to Have a Family and Continuing Offspring: Different Religious Marriage’s Case

<em>The focus of this research is on the existence of marriage as a prerequisite for the right to have a family and continuing offspring based on an analysis of the ratio decidendi of the Constitutional Court (MK) Decision No. 24/PUU-XX/2022 (MK Decision of Different Religions 2022). This research is normative legal research prioritizing a case, concept, and statutory approach. The results of the study confirm that the existence of marriage in the ratio decidendi of the MK Decision of Different Religions 2022 places marriage in two aspects, namely: the aspect of mandatory prerequisites and the aspect of the role of state regulation. As a mandatory prerequisite, marriage is an essential aspect of realizing the right to have a family and continue offspring.The dimension of marriage as a prerequisite for the realization of the right to have a family and continue offspring in the ratio decidendi of the MK Decision of Different Religions 2022 emphasizes two aspect. First, marriage is a prerequisite and not a right, which means that marriage cannot be carried out freely and at will. Second, marriage has a close relationship with religious law, which means that in carrying out marriage as a prerequisite for the realization of the right to have a family and continue offspring, it is necessary to base the laws of each religion and the beliefs held by the community.</em>

The Age Threshold for Presidential Nominations in the Perspective of Dignified Justice Theory

The Constitutional Court's decision regarding the age limit for nominations for President and Vice President has caused problems in society, one of which is related to the issue of the existence of a Family Court. This issue arises because juridically there is a logical inconsistency in the Constitutional Court's decision regarding the age limit for nominations for President and Vice President and related to the nomination of the President's children to contest the Presidential and Vice Presidential elections in the 2024 election. This research aims to analyze aspects of the age threshold for Presidential candidacy and The Vice President reviewed the theory of dignified justice along with an analysis of the Family Court issue as a result of the Constitutional Court's decision. This research is normative legal research which also orientates socio-legal aspects to assess the impact of a Constitutional Court Decision. The approach used is a conceptual and statutory approach. The research results confirm that the enigma of the age threshold for presidential candidacy in the perspective of the theory of dignified justice occurs because the Constitutional Court has gone beyond the open legal policy conception where the age threshold for presidential and vice presidential candidacy is actually the domain of the legislative institution as in the open legal policy conception. Judging from the theory of dignified justice, the enigma of the age threshold for presidential candidacy also occurs because the Constitutional Court failed to construct the dimensions of social justice as envisioned in the formulation of Pancasila. MK Decision on the Age of the President and Vice President as part of a legal product certainly has social, political and legal impacts on society. Issues related to the Family Court should be addressed wisely by the Constitutional Court because these issues exist as a form of public concern for the dignity of the Constitutional Court as an institution that protects the constitution.

Legal Protection for Taxpayer Proxy in View of MK Decision No.63/Puu-Xv/2017

One of the duties of the state is to improve the common welfare. Significant financial resources are required to carry out their duties, these costs may be covered by tax collection. Taxes are levied not only on individuals, but also on legal entities that are taxed under the law and are referred to as taxpayers. Taxpayers not only have obligations in the taxation system, but also rights. The application of rights and obligations is often avoided for various reasons. So that the Directorate General of Taxes can improve by issuing a power of attorney to carry out its rights and obligations. At first, the issuance of a power of attorney was very helpful, but with changes in regulations, the issuance of a power of attorney caused problems, namely that everyone's rights were limited. Based on this description, this journal was written to answer two problems, namely the arrangement for the appointment of tax authorities in Law Number 28 of 2007 concerning amendments to Law Number 6 of 1983 concerning General Provisions and Tax Procedures, and Regulations for granting power of attorney after a decision is made. Constitutional Court No. 63/PUU-XY/2017

Eksekusi Jaminan Fidusia Setelah Adanya Keputusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 dan Nomor 2/PUU-XIX/2021

Public interest in fiduciary guarantees is increasing and creates opportunities for several problems to occur, such as the execution of fiduciary guarantees when the debtor breach the contract. In the execution process, the creditors often done an arbitrary action that cause the debtor suffers a loss. The polemic over the execution of fiduciary guarantees has led to a judicial review of the Fiduciary Guarantee Law. From the judicial review, MK Decision Number 18/PUU-XVII/2019 and MK Decision Number 2/PUU-XIX/2021 were issued. On the other hand, the decision is considered to have caused a loss to the creditor. The law is expected to create justice and provide legal certainty to all people. The author uses a normative juridical method to further examine legal certainty for creditors regarding the existence of the Constitutional Court Decision Number 18/PUU-XVII/2019 and the Constitutional Court Decision Number 2/PUU-XIX/2021 in carrying out the execution of fiduciary guarantee objects. Execution of fiduciary guarantees must still be carried out by creditors in accordance with Law Number 42 of 1999 concerning Fiduciary Guarantees if they fulfill the conditions in the form of an agreement about a breach of contract and secondly, namely the fiduciary giver (debtor) voluntarily surrenders the fiduciary guarantee object in the context of execution. With the Constitutional Court's decision, it is hoped that the agreement between the creditor and the debtor will be made in more detail, especially on the point of default of the debtor.

Status of Children from Siri's Marriage (Case Study of Constitutional Court Decision No. 46/PUU-VIII/2010)

This study aims to examine or analyze the Constitutional Court Decision Number 46/PUU-VIII/2010. This decision was made based on a request submitted by Aisyah Mokhtar to the Constitutional Court for a Judicial Review or re-examination of the Law which will be assessed whether the Law is contrary to the norms of the 1945 Constitution or not. Aisyah Mokhtar submitted this application to risk the civil relations rights of her son, Muhammad Iqbal Ramadhan, with his father, Moerdiono. This was done because Aisyah Mokhtar's marriage to Moerdiono was a marriage that was legalized according to religion but not according to the state (unregistered marriage) because marriage registration was not carried out. After this MK decision, children outside of marriage can have a civil relationship with their father and father's family. However, this envoy only applies to children out of wedlock from unregistered marriages (siri marriage) and not children out of wedlock as a result of adultery. Because if this decision is applied to children out of wedlock resulting from adultery, then the Constitutional Court delegates will be considered contrary to Islamic law. According to Islam, a child born from an adulterous relationship only has a relationship with his mother and his mother's family, and not with his father.

Perubahan Mekanisme Pembentukan Perundang-Undangan di Indonesia Perspektif Fiqh Siyasah Dusturiyah.

The study aimed to examine the creation of Act 13 in 2022, the second amendment to Act 12 in 2011, on the establishment of regulations from the perspective of the Siyasah Dusturiyah; the Act arises as an outcome of a MK ruling mandating a basic guide site in the performance of a bill, as well as confirmation of its participation. The issue to be considered is whether Act 13 has achieved its mandate since its birth in 2022 due to MK's decision. With this brief summary, it is fascinating to investigate the following problems: 1) how the legislation of No. 13 in 2022 affected the second Act of No. 12 in 2011. And 2) how has the creation of the law in the year 2022 been evaluated and reviewed from a rural standpoint. The research method used is normative law research using research resources. In addition, the author employs the legislative technique (statute approach). The study's findings are as follows: 1) many of the issues still need to be addressed in the 2011 alteration of Act No. 12, and there is a problem with enabling it to justify writing after the President and Congress have adopted a law. This issue provokes polemics due to the sacred level of law formation being the stage of joint legalization. 2) According to the perspective of Siyasah Dusturiyah, there is a distinction between the mechanics of legislation in Indonesia and the concept of producing legislation in Islam. Nonetheless, the 13/2022 law has not met the principles outlined in Siyasah Dusturiyah.

AKIBAT HUKUM PERNIKAHAN SIRI TERHADAP HAK WARIS ANAK BERDASARKAN PUTUSAN MK NO. 46/PUU-VIII/2010

Marriage Inheritance Rights is something sacred for someone, but sometimes on the way many people have married want to remarry and of course this marriage is a marriage that is not registered or under marriage the hand that is harmed is the woman's side. According to marriage law no. 1 of 1974, Children born outside marriage only have civil relations with their mother and mother's family only. However, with the case of Machica Mohtar in 2010, a judicial review of Law No. 1 of 1974 is necessary so that children resulting from marriage under a marriage can claim their rights or receive protection and inheritance rights from their biological father. The formulation of the problem in this study is the Consequences of Siri Marriage Law on Child Inheritance Rights Based on Court Decree No. 46/PUU-VIII/2010In this study, normative legal research was chosen as the type of research. Normative research is a type of research that uses information from library research books. The result of this research is the issuance of MK Decision No. 46/PUUVII/2010, the background is the existence of legal uncertainty related to Article 2 paragraph 2 and 43 paragraph 1 of the Marriage Law, related to legal marriage and children born out of wedlock only have civil relations with the mother and her family, namely: 1. Open to become the heir of the father of siri marriage, 2. Has the right to receive a distribution of inheritance from the inheritance of his parents who are siri. 3. Has the right to inherit from his father.

Perlindungan Hukum Anak dalam Kandungan Hasil Zina Perspektif Hukum Positif dan Hukum Islam

This research deals with special problems in children resulting from adultery. This is shown in article 100 of the Compilation of Islamic Law (KHI) whose family relationship is only with the mother and the mother's family. The four schools of thought agree that children from adultery do not receive a lineage from their father. The formulation of the research problems are, 1) What is the role of state institutions in guaranteeing and protecting the rights of children born from adultery? 2) How is the legal protection of children's rights in the womb resulting from adultery from a positive legal perspective? 3) How is the legal protection of children's rights in the womb resulting from adultery from the perspective of Islamic law? This research is normative legal research research on secondary data from primary, secondary, and tertiary legal materials through literature review based on the Al-Quran and hadith, books, laws and regulations and other related matters. The result of this research is that the state's efforts to guarantee protection have been carried out through laws that are general in nature. However, there are no specific rules to guarantee legal protection for children in the womb of adultery. MK Decision No. 46/PUU-VII/2010 is a bright spot in legal protection for children resulting from adultery, namely having the same rights and treatment as children in general by means of proof and recognition of child status by their biological father. Meanwhile, the perspective of Islamic law also issued MUI Fatwa NO. 11 of 2012 concerning Children resulting from adultery and their treatment that children resulting from adultery do not have a family relationship with their father, and are only related to their mother and family. However, the biological father is obliged to provide the fulfillment of the child's rights with responsibility for adultery children who have existed since the womb.

The Idea of Structuring National Legislation Based on The Ratio of Decidendi & Obiter Dictum Constitutional Court Decision

MK decission which are "rejecting" and "unacceptable", often contain a constructive “ratio decidendi/obiter dictum” to the formation of the UU, but has not been effectively acted upon in the Prolegnas. This study analyzes: (1) the urgency of national legislation arrangements based on the ratio decidendi/obiter dictum; (2) the formulation of national legislation arrangements based on the ratio decidendi/obiter dictum. This normative research concludes: (1) UU must be formed based on the constitution, but the constitutional messages/guidelines in the MK’s legal considerations-that impactful on the substance of the UU are not followed up. (2) revise Article 18 of the Law No.12 of 2011 as ammanded through the Law No.13 of 2022 on the Establishment of Law and Regulation; give priority weight-to the law affected by the MK decision and include in the Prolegnas priority; the substance of the MK decision must be followed up in the drafting; and institute constitutional dialogue.

THE LAW OF UNRECORDED BIRTH BASED ON CONSTITUTION NUMBER 16 OF 2019

Marriage is based and the outer bond between a man and woman as husband and wife to form a happy and eternal family based on the one godhead, carried out according to their respective Religion must be recorded according to the applicable laws and regulations. Research Methods, namely: 1. Type of Research is Normative Juridical research. 2. Through stages 3. Legal Material Resources, the author uses the technique of collecting library research, which is 4. Legal collection and processing materials using the primary law legal document collection techniques, as well as the implementing regulations of the Civil Code, Law No.23 of 2002 Law No. 23 of 2006, Law No. 16 of 2019, Presidential Decree No. 12 of 1983. b. Legal Materials The principal of the law is an approach to the problem, is the primary and Secondary Legal Materials Secondary data, sourced from a. Material in 2002. Law No. 23 of 2006, Law No. 16 of 2019, Presidential Decree No. 12 0f 1983, b. Secondary Legal Materials books, internet access writings of legal experts, primary and secondary.c. Tertiary Law, namely explaining primary law and secondary. 5. Legal Materials Analysis is that the data obtained is processed systematically, analyzed qualitatively, legal and analogical interpretations of the facts obtained by the study of provisions of the marriage. MK Decision Number:46/ PUU-VIII/2010 namely Children born proven based on science and technology and/or other evidence according to the Law has blood relations including the relationship of civil blood to his father’s family.

RATIO DECIDENDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 49/PUU-X/2012 TENTANG PEMBATALAN PASAL 66 AYAT (1) UUJN-2004

This study aims to: (1) analyze and find the ratio of the decision of the Constitutional Court Decision Number 49/PUU-X/2012 concerning the annulment of Article 66 paragraph (1) UUJN-2004, (2) the legal impact of the Constitutional Court's decision no. 49/PUU-X/2012 Against Legal Protection for Notaries. The type of research is normative law. While the research approach used, namely: Legislation, contextual approach, and case approach, as well as a comparative approach. The legal materials used in this study are primary legal materials and secondary legal materials. While the analysis of legal materials using qualitative analysis.
 The results of the study show that: (1) The ratio decidendi of the cancellation of Article 66 paragraph (1) of Law Number 30 of 2004 concerning the Position of Notary Public is based, that the article is not in accordance with the principle of equality before the law (equality in law) for every citizen. There is the approval of the Notary Honorary Council, not in accordance with the sense of justice and the criminal law enforcement process, as well as the principle of an independent judicial power; (2) Legal Impact of MK Decision No. 49/Puu-X/2012 Regarding Legal Protection for Notaries, the notary loses his special rights, namely summoning a Notary in the case of interest in a criminal examination does not need to obtain permission from the Regional Supervisory Council as stipulated in the provisions of Article 66 of the JN Law, this is for guarantee legal certainty and responsibility for the deed issued.

Fenomenologi Pemilihan Kepala Desa Menggunakan Elektronik Voting

The purpose of this paper is a legal study related to the phenoenology of holding village head elections using electronic voting in Boyolali Regency. The method used in this study is a socio-legal research approach sourced from collecting data obtained from primary data and secondary data, then analyzed by qualitative analysis methods. The results of the study provide answers to the legal study of the implementation of the village head election using electronic voting in Boyolali Regency are: MK Decision No. 147 / PUU-VII / 2009, Article 32 permendagri No. 112 Th. 2014 concerning village head elections, Article 20 boyolali district bylaws no. 11 th. 20016 concerning procedures for elections, appointment and dismissal of village heads, Boyolali Perbup No. 55 Th. 2012 concerning procedures for the implementation of village head elections. The use of e-voting in village head elections in Boyolali District will not work well if the stages do not go well. The socialization that is the basis of the socio-legal implications related to the use of new methods in this election has also been intensified. Based on the above, the key to the success and effectiveness of a Village Head election is the electoral process.

Implementasi Pelaksanaan Eksekusi Jaminan Fidusia Berdasarkan Putusan Mahkamah Konstitusi Nomor 18/Puu-Xvii/2019 Tentang Jaminan Fidusia (Studi Pada Koperasi Wahidiyah Ta’Awun Kepanjen Malang)

This study want to identify and analyze directly the implementation of the Constitutional Court Decision Number 18 / PUU-XVII / 2019 regarding the Fiduciary Guarantee Execution and to find out how the default settlement procedure in credit agreements in cooperatives with Fiduciary Guarantee and the obstacles faced in the process of executing fiduciary guarantees. This research is the result of field research field research, the formulation of the problem examined is how the fiduciary guarantee execution mechanism in the Constitutional Court decision No.18 / PUU-XVII / 2019 and how the implementation of fiduciary guarantee execution after the MK decision No.18 / PUU-XVII / 2019 at the Wahidiyah Ta'awun Union Kepanjen. Before the issuance of the Decision of the Constitutional Court Number 18 / PUU-XVII / 2019, the execution of guarantees for debtors who have defaulted is regulated under Articles 29 to Article 34 of Law Number 42 of 1999 concerning the Execution of Fiduciary Collateral. After the Constitutional Court Decision, the execution of fiduciary guarantees is carried out by negotiation and mutual agreement of the default, if there is no agreement between the Debtor and the Cooperative Management, then the applicable legal procedure must be carried out, namely a civil lawsuit in court.

Legal Consequences of Fiduciary Guarantee Execution Post Decision of Indonesian Constitutional Court

Post Constitutional Court's decision regarding the 'executory power' of fiduciary guarantees which changed the rules of the execution of fiduciary guarantees, for those who are in debtor positions, the Constitutional Court's decision may be a solution to the problem of constitutional rights. However, for financing business actors as creditors, the decision is certainly a new obstacle in doing business. This study aims to analyze the juridical implications of the Constitutional Court's decision on fiduciary agreements made before the Constitutional Court's Decision (MK), as well as the juridical implications of fiduciary agreements or on fiduciary executions that have been carried out before the MK Decision Number 18/PUU-XVII/2019. This study found that the ratio of the decision of the MK Decision Number: 18/PUU/XVII/2019 Regarding Fiduciary Guarantees does not apply the principle of balance and has no legal consequences for the fiduciary guarantee agreement made before the decision is enforced. Legislators are expected to make new legal provisions regarding the executorial status in the fiduciary guarantee agreement to provide legal certainty to the parties who will make a fiduciary guarantee agreement regarding whether or not the enforceability of execution in the fiduciary guarantee agreement is recognized.

Polemik Fungsi Sosial Tanah dan Hak Menguasai Negara Pasca UU Nomor 12 Tahun 2012 dan Putusan Mahkamah Konstitusi Nomor 50/PUU-X/2012

This study examines, Firstly, aspects of the formation of Law Num. 2/2012. Secondly, interpretation of the meaning of development in the public interest. Thirdly, the compensation process for the release of land rights for development. Finally, polemic of MK's Decision Num. 50/PUU-X/2012. The findings show, procedural aspects of the formation of Law Num. 2/2012, is not in accordance with the rules for the formation of applicable laws. Likewise, the meaning conception of the public interest and the process of compensation for land is still far from the spirit of the Law Num. 5 of 1960 (UUPA) Jo Article 33 of the 1945 Constitution. The Post of MK's Decision Num. 50/PUU-X/2012, there needs to be a legislative review of Law Num. 2/2012, to deconstruct the meaning of “social function of the land” to conform to the philosophy of Article 33 of the 1945 Constitution and the Law Num. 5 of 1960 (UUPA). The Parliament must immediately complete the Agrarian Structure Renewal and Arrangement Bill, the Agrarian Conflict Resolution Bill, and the Natural Resource Management Bill, as mandated by MPR Decree Num. IX/2001 Jo Tap MPR Num. V/2003. Development in the public interest, must be placed in the spirit of social and agrarian reform in order to achieve maximum prosperity for the people.

Muhammadiyah as Policy Entrepreneur in Policy Change Making of Oil and Gas Law

Muhammadiyah pursues a policy agenda by suing Law Number 21 of the Year 2001 regarding the oil and gas in 2012. Muhammadiyah acts as PE, bringing together three streams of MSA (problem stream, politic stream, and policy stream) to open the policy window and make the public issues (lawsuit) of the policy agenda. Therefore, this study intends to analyze the efforts of Muhammadiyah as a policy entrepreneur in policy change making towards oil and gas law. This research is used a descriptive qualitative method to describe the chronology of Muhammadiyah as a policy actor. The purposive sampling method was used for this study because it involved informants who understood the problem. This study also uses data collection techniques by interview, literature study, and documentation analyzed using Miles and Huberman's analysis technique. As the result of this research, Muhammadiyah came as an informal policy actor interested in pursuing policy ideas. The stream of a problem and political current rose as the most defining currents for Muhammadiyah to become a policy entrepreneur. The two streams succeeded in influencing the policy flow, and those were able to bring together three MSA. Hence, this lawsuit had implications for Migas's dissolution based on MK Decision Number 36/PUU-X/2012.

Implication Juridical Decision of The Constitutional Court No. 18/PUU-XVII/2019 Concerning Wanprestasi In the Fiducia Agreement

The purpose of this paper is to criticize the Constitutional Court Decision Number 18 / PUU-XVII / 2019, which determines that the phrases "executorial power" and "are the same as court decisions having permanent legal force" in Article 15 paragraph (2) of Law Number 42 of 1999 concerning The Fiduciary Guarantee contradicts the 1945 Constitution. From the norms contained in this article, there is a power of execution that the fiduciary security holder can carry out (creditors), which then causes many problems, both related to the constitutionality of norms and implementation. Thus, the authors question two things, first how is the juridical analysis of the Constitutional Court decision No. 18 / PUU-XVII / 2019 regarding breach of contract in the fiduciary agreement? Second, what is the juridical implication of MK Decision No. fiduciary? The writer's research type is library research, a literature study (library research) with a descriptive qualitative research type. The data collection technique used was documentation techniques, and the approach method used in this study was juridical normative. The results of this study conclude that 1) The Constitutional Court's decision has not provided a sense of justice as in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution, because in this Constitutional Court decision gives more exclusive rights to the debtor because in this case, the creditor does not get legal protection rights in the event of undesirable things (2) This decision has implications for various parties, namely the Court, which now often receives requests for execution and the process will be lengthy, for notaries must add and clarify default clauses in detail. For business people whose creditors (fiduciary recipients) cannot carry out unilateral execution of the object of fiduciary security but must submit a request for performance to the Court. There is a concern that lousy faith will occur from the community's debtor when the creditor is submitting a request for execution to the Court.