The Application of Article 22 of the Regulation of the Head of the Indonesian National Police Force Number 14 of 2011 Concerning the Code of Ethics of the Indonesian National Police Profession (original) (raw)

Article 24C Paragraph 1 of the 1945 Constitution of the Republic of Indonesia: History and Critical Analysis of Disputes on the Authority of State Institutions

Britain International of Humanities and Social Sciences (BIoHS) Journal, 2021

In simple terms, the ratio legis can be interpreted as the reason why there is a provision in the law. Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia determines the authority possessed by the Constitutional Court, paragraph (1) reads: The Constitutional Court has the authority to adjudicate at the first and final levels whose decisions are final to examine laws against the Constitution, decide disputes over authority a state institution whose authority is granted by the Constitution, decides on the dissolution of political parties, and decides on disputes regarding the results of general elections. The limiting provisions of Article 24C paragraph (1) seem to close the scope for expanding the Constitutional Court authority to decide disputes over the authority of independent state institutions. Meanwhile, this is a state requirement. This research uses a statutory approach with a descriptive analysis method. The conclusions obtained are: 1) it is not ...

Constitutional Structure of Indonesia Based on 1945 Constitution before and after Amendments

International Journal of Academic Research in Business and Social Sciences

Article 1 (3) of the 1945 Constitution states that "Indonesia is a country of law." The provision of the article is a constitutional basis that Indonesia is a state based on law. Law is placed as the only rule in the life of society, nation, and state (supremacy of law). Before the amendment of the 1945 Constitution, Indonesia is a country based on law, contained in the preamble, the 1945 Constitution body. A statement that Indonesia is a country of law can also be seen in the 1945 explanation. Applicability of 1945 before and after the amendment is followed by different constitutional structure, which will give different meaning as a based on law state. In Continental European legal systems, rechtsstaat legal state building is known. Meanwhile, other parts of the world, the concept of the rule of law state extracted from Anglo Saxon states. Both laws state models prioritize different aspects. Rechtsstaat concept prioritizes wetmatigheid principles which later becomes rechtmatigheid. Meanwhile, the rule of law prioritizes equality before the law. Due to differences in emphasis in these operations, there arose the different elements between rechtsstaat concept and the rule of law concept.

Indonesian State of Law is an Aspired Concept

Nurani Hukum, 2021

The state of law is the concept of a state based on applicable law. In the development of the state, there are two concepts of state of law used by countries in the world, namely rechtstaat and rule of law. These two concepts also inspired the Indonesian state of law but were not followed absolutely. Indonesia is still building a legal system with a culture of society. Therefore, this study aims to describe the development of the state of law in Indonesia. This study uses a normative juridical method by using secondary data and is narrated with scientific logic. Conceptually, Indonesia does not follow the concept of rechtstaat or the rule of law because it is different from national identity. The social condition of the community consisting of various ethnic groups forced Indonesia to develop its own concept of a state of law. There is hope in the formation of laws carried out by the state, which is not only to realize the rule of law but must provide benefits to the community. Panc...

The Constitution of Indonesia: A Contextual Analysis Oxford

2012

Lukito, Ratno (2012), Legal Pluralism in Indonesia: Bridging the Un-bridgeable London: Routledge (= Routledge Contemporary Southeast Asia Series 48), ISBN 9780415673426, 288 pages " "" 128 Book Reviews " "" over. Therefore, these new works on Indonesia are not about transition anymore, but deal rather with the current reality in its relative stability. Simply put, The Constitution of Indonesia, Political Change and Territoriality and Islam, Law and the State are all about the results of the transition. Legal Pluralism in Indonesia, on the other hand, examines a more abstract and theoretical level of the law in Indonesia; in this book, Lukito builds his argument around the idea that the state in Indonesia has been-despite regime change-consistent in its approach to legal pluralism. Lukito's book clearly diverges from the three other works in that it takes a theoretical-legal approach and provides a more historical analysis, and through this, it offer...

Statutory of the Republic of Indonesia Witness as a Government Institution Implementing Country's Power in the Indonesian State Concerns System

2020

The Attorney General's Office of the Republic of Indonesia is a government agency that exercises state power in the field of law enforcement, particularly in the field of prosecution. As a law enforcement agency that has a central role in the legal process itself, the Attorney General's Office of the Republic of Indonesia can be positioned as part of the main state institutions that have the same position and presence as other main state institutions. But in its implementation, the position of the Attorney General's Office of the Republic of Indonesia was not always in line with the main tasks it was carrying. Moreover, the regulation in the 1945 Constitution of the Republic of Indonesia as a state constitution was not found at all. In the relation of it, this research is intended in order to find out the position of the Attorney General's Office of the Republic of Indonesia as a government agency implementing state power in the Indonesian constitutional system. In o...

The Protection of Civil and Political Rights by the Constitutional Court of Indonesia

One of important mechanisms considered effective to protect civil and political rights of the citizens in Indonesia is constitutional review. This mechanism was created after the constitutional reform by establishing the new Constitutional Court in 2003 as an independent and separate court from the Supreme Court. This article examines the development of human rights guaranteed in the Indonesian Constitution. It also provides a critical analysis of the Constitutional Court's role in protecting civil and political rights in Indonesia through its landmark decisions on five categories, namely: (1) freedom of assembly and association; (2) freedom of opinion, speech and expression; (3) freedom of religion; (4) right to life; and (5) due process of law. This research was conducted based on qualitative research methodology. It used a non-doctrinal approach by researching the socio-political impacts of the Constitutional Court's decisions. Although there are still inconsistencies in its decisions, the research concludes that the Constitutional Court has taken a step forward for a better protection of civil and political rights in Indonesia that never existed prior to the reform. Keywords: civil and political rights, constitutional court, human rights, Indonesia --- Abstrak Salah satu mekanisme yang dianggap efektif untuk melindungi hak sipil dan politik warga negara di Indonesia adalah pengujian konstitusional. Mekanisme ini dibentuk pasca reformasi konstitusi dengan mendirikan Mahkamah Konstitusi pada 2003 sebagai peradilan yang independen dan terpisah dari Mahkamah Agung. Artikel ini menganalisa perkembangan hak asasi manusia yang dijamin di dalam UUD 1945. Selain itu, artikel ini juga memberikan analisa kritis terhadap peran Mahkamah Konstitusi dalam perlindungan hak sipil dan politik di Indonesia melalui putusan-putusan pentingnya (landmark decisions) pada lima kategori, yaitu: (1) kebebasan untuk bekumpul dan berserikat; (2) kebebasan berpendapat, berbicara, dan berekspresi; (3) kebebasan beragama; (4) hak untuk hidup; dan (5) proses peradilan yang adil. Penelitian ini dilakukan berdasarkan pada metodologi penelitian kualitatif dan menggunakan pendekatan non-doktrinal dengan meneliti dampak sosio-politik dari putusan-putusan Mahkamah Konstitusi. Meskipun masih terdapat inkonsistensi di dalam putusannya, penelitian ini menyimpulkan bahwa Mahkamah Konstitusi telah memberikan kontribusi satu langkah ke depan yang lebih baik terhadap perlindungan hak sipil dan politik di Indonesia yang tidak pernah terjadi sebelum era reformasi. Kata Kunci: hak asasi manusia, hak sipil dan politik, mahkamah konstitusi, Indonesia

The Protection of Human Rights in Indonesian Constitutional Law after the Amendment of the 1945 Constitution of The Republic of Indonesia

FIAT JUSTISIA, 2018

The amendment to the 1945 Constitution of the Republic of Indonesia has shown progress in respecting, protecting and fulfilling human rights in Indonesia. This is proven from the advanced provisions that have set the human rights material, starting from the affirmation of fundamental rights, individual rights, social rights, solidarity rights, and even the assertion of rights included in the category of non-derogable rights in the Second Amendment to the 1945 Constitution. The urgency of the Constitution 1945 as written constitution due to its status as the ultimate instrument to determine a norm (law), action or government policy so it will not violate human rights and/or constitutional rights of the citizens. Thus, the Constitution is an important instrument in term of guaranty and ensuring that human rights within the Republic of Indonesia are protected, even though the source of human rights is not actually derived from the State but naturally originated from natural law, whethe...

The Development of Indonesia As The Rule of Law Based On 1945 Constitution Before And After Amendments

Yurisdiksi: Jurnal Wacana Hukum dan Sains, 2020

Prior to amendment of the 1945 Constitution, constitutional basis of Indonesia that Indonesia is a state based on law is contained in the preamble of the 1945 Constitution body. Statement that Indonesia is a country of law is also mentioned in the 1945 Constitution explanation. Article 1 (3) of the 1945 Constitution states that "Indonesia is a state of law". The provisions of the aforementioned article constitute the constitutional basis that Indonesia is a state that implements a constitutional system in accordance with the elements of the legal state; law is placed as the only rule in the life of society, nation and state (supremacy of law). There is different meaning between Indonesia is a state based on law and Indonesia is a state law.Applicability of the 1945 before and after the amendment is followed by different constitutional structure, which will give different meaning as a state based on law.Continental European legal systems recognized rechtsstaat legal state w...

THE PROBLEMS OF INDONESIAN CONSTITUTION; LEGISLATIVE POWER

As stated in Article 1 (3) of 1945 Constitution that Indonesia is State of law followed with the Law No.12 of 2011 Concerning the Hierarchy of Law mention in Article 7 that 1945 Constitution is the highest or supremacy of law in Indonesia. Therefore it should be consider that this Constitution shall in line with what need by Indonesian at this present moment and shall be the most perfect Law that prevailing in Indonesia. Historically, Indonesia has never before successfully carried out constitutional reform. The four earlier attempts in 1945, 1949, 1950 and 1956-1959 failed to create a democratic Constitution. Second, the fifth attempt in 1999-2002 was crucial to safeguarding Indonesian transition from Soeharto’s authoritarian rule to democratic institutional arrangements. Realizing this issue has very crucial impacts in political and constitutional matters therefore it necessary to have some research on the result of 1945 Constitution fourth amendment version. This article would mention several problems in the Constitution, specifically on the legislative powers. Before speaking legislative problems in the Constitution, it is importance to know first about the original text and intent of 1945 Constitution during the independence time of Indonesia.