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Journal articles on the topic 'Head of the constitutional court'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Syaidi, Ridwan, Zainal Arifin Hoesein, and Ahmad Redi. "Resolution of Disputes Over The Regional Head Elections Post The Constitutional Court Decision Number 85/PUUXX/2022 Regarding The Implementation of Simultaneous Regional Elections in Indonesia." Eduvest - Journal of Universal Studies 4, no. 3 (2024): 1396–412. http://dx.doi.org/10.59188/eduvest.v4i3.1132.

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Constitutional Court Decision Number 97/PUU-XI/2013 which in its consideration states that the Constitutional Court cannot add authority that is not contained in the 1945 Constitution, so that the Constitutional Court Decision Number 85/PUU-XX/2022 remains conditional Constitutional authority considering The Lawmakers also did not draft a special law as intended in the Constitutional Court Decision Number 97/PUU-XI/2013. The problems are (1) What are the implications of the Constitutional Court Decision No. 97/PUU-IX/2013 after the enactment of Law no. 10 of 2016 concerning the Election of Reg

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2

Alfret Ananias Bani, Nurianto Rahmat Soepadmo, and Ida Bagus Anggapurana Pidada. "Kewenangan Mahkamah Konstitusi dalam Penyelesaian Sengketa Hasil Pilkada Langsung." Politika Progresif : Jurnal Hukum, Politik dan Humaniora 1, no. 3 (2024): 232–45. https://doi.org/10.62383/progres.v1i3.545.

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Indonesia is a constitutional democracy. The authority of the Constitutional Court in examining and deciding cases of disputes over the results of regional head elections has become an old song worked on by the Constitutional Court itself and the Constitutional Court has often withdrawn and canceled its authority in terms of disputes over the results of regional head elections and caused legal uncertainty related to regional head election issues. Then the Constitutional Court ruled that the articles petitioned by the Respondents were contrary to the 1945 Constitution and had no binding legal f

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3

Siboy, Ahmad. "Constitutionality of constitutional settlement of disputes for the election of local heads." Jurnal Cakrawala Hukum 13, no. 2 (2022): 117–27. http://dx.doi.org/10.26905/idjch.v13i2.6457.

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The authority to adjudicate disputes over the results of regional head elections continues to experience a shift in the judiciary. The delegation of authority to judge to the courts caused a polemic when the Pilkada was returned to the electoral regime, considering that the handover of auto power he the Special Courts Agency was based on the Constitutional Court's decision that the Regional Head Elections was a not General Election regime but the Regional Head Election regime. The purpose of this study is to describe the dynamics and the basis for the constitutionality of the authority to try

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4

Saragih, Geofani Milthree. "KEWENANGAN PENYELESAIAN SENGKETA PEMILIHAN KEPALA DAERAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 85/PUU-XX/2022." Jurnal Hukum Caraka Justitia 2, no. 2 (2023): 129. http://dx.doi.org/10.30588/jhcj.v2i2.1380.

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<p><em>Indonesia is a country that upholds people's sovereignty which is carried out based on law, this is confirmed constitutionally in Article 1 paragraph (2) of the 1945 Constitution. In electing leaders, the people are allowed to determine them directly, namely through an election process. At the regional level, there are Regional Head Elections (Pilkada). Initially, the Supreme Court had the authority to resolve regional election disputes as emphasized in Article 106 paragraph (1) of Law Number 32 of 2004 concerning Regional Government. In its development, this authority was t

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5

Hidayat, Rayhan Naufaldi, and Mohammad Novrizal. "Strengthening the Constitutional Court’s Authority to Adjudicate on Disputes Regarding the Result of Regional Head Election In Indonesia: an Urgency to Clarify the Constitutional Framework." Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 1 (2024): 373. http://dx.doi.org/10.31941/pj.v23i1.4022.

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<em>Since the Constitutional Court is the guardian of democracy and the constitution, it is responsible for ensuring that elections in Indonesia are held in a democratic manner. The power rotation process must be carried out calmly and collectedly, without any significant breaches of people's fundamental rights or acts of violence. The instrument of authority is a necessary component for the Constitutional Court to achieve all of the goals stated in the text. The functioning of the Constitutional Court's authority to resolve disputes relating to the outcomes of Indonesia's regional head

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6

Manurung, Saut Parulian. "Inconsistent Constitutional Court Decisions Resulting in Uncertainty Regarding the Legal Dispute on Regional Head Election Results in Indonesia." Lentera Hukum 6, no. 2 (2019): 317. http://dx.doi.org/10.19184/ejlh.v6i2.11131.

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In Indonesia, the Constitutional Court is the sole interpreter and guardian of the constitution and the decision made by this Court is expected to meet a sense of justice, utility, and legal certainty. This paper argues that there is a contradiction between two decisions ruled by the Court resulted in inconsistent constitutional interpretations. Such inconsistency can be referred to the decision of the Constitutional Court Number 072-073/PUU-II/2004 declaring the Constitutional Court to have the power to adjudicate disputes over the results of regional head elections, while on the other hand,

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7

Kleandrov, Mikhail I. "On modern problems of the mechanism of judges’ responsibility for disciplinary misconduct: Law enforcement practice, general approaches Part 2. On the problems of disciplinary responsibility Of heads of courts (section 1)2." Gosudarstvo i pravo, no. 4 (August 5, 2024): 67–76. http://dx.doi.org/10.31857/s1026945224040044.

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In the first part of this article (“Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary liability?”) the modern problems of the mechanism of judges’ responsibility for disciplinary misconduct were considered. This second part of this article examines the current problems of the organizational and legal mechanism of disciplinary responsibility of heads (chairmen and deputy chairmen) of courts. Attention is drawn to the fact that the status of heads of courts is twofold: on the one hand, they are judges who dire

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Kleandrov, Mikhail I. "On modern problems of the mechanism of judges’ responsibility for disciplinary misconduct: Law enforcement practice, general approaches Part 2. On the problems of disciplinary responsibility of heads of courts (section 2)." Gosudarstvo i pravo, no. 5 (August 14, 2024): 28–41. http://dx.doi.org/10.31857/s1026945224050038.

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In the first part of this article (“Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary liability?”) the modern problems of the mechanism of judges’ responsibility for disciplinary misconduct were considered. This second part of this article examines the current problems of the organizational and legal mechanism of disciplinary responsibility of heads (chairmen and deputy chairmen) of courts. Attention is drawn to the fact that the status of heads of courts is twofold: on the one hand, they are judges who dire

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9

Savitri, Winny, Anisa Dwi Andiani, and Aden Fadli Mukhammad. "PEMAKNAAN REZIM PEMILU PASCA PUTUSAN MK NOMOR 55/PUUXVII/2019." Jurnal Jendela Hukum 11, no. 1 (2024): 44–57. http://dx.doi.org/10.24929/jjh.v11i1.3497.

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The legal basis for transferring regional head election dispute resolution is regulated in article 236C of Law no. 12 of 2008 concerning amendments to Law no. 32 of 2004 concerning Regional Government. This is based on the transfer of election status from the Regional Government regime to the Election Regime. The change in status from Pilkada to Election regime has implications for the transfer of authority in resolving disputes from the Supreme Court to the MK. As regulated in article 1 point 4 of Law no. 22 of 2007 concerning General Election Organizers which states that the Election of Regi

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10

Ekatjahjana, Widodo. "Telaah Kritik Atas Putusan Mahkamah Konstitusi dalam Perkara Perselisihan Hasil Pemilukada Provinsi Jawa Timur." Jurnal Konstitusi 8, no. 1 (2016): 53. http://dx.doi.org/10.31078/jk813.

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Decision of Constitutional Court of Number 41/PHPU.D-VI/2008 is a controversial judicial decison in practices of Constitutional Court in Indonesia. The decison had legal basis of Law of Number 18 of 2008 that against formally with the Constitutions of 1945. Nevertheless, in fact, inconstitutional practice of the court system has taken legitimacy source of convention. It is very important for development of constitutional law enforcement in Indonesia, that the decision was not only show how the Constitutional Court improves its constitutional authorities to handle disputes of regional head elec

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Rezah, Farah Syah, and Andi Tenri Sapada. "Implications of Constitutional Court Decision Number 85/PUU-XX/2022 for the Dispute Resolution of Regional Head Election Results." SIGn Jurnal Hukum 6, no. 2 (2024): 233–46. https://doi.org/10.37276/sjh.v6i2.383.

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This study aims to analyze the juridical implications of Decision Number 85/PUU-XX/2022 for the dispute resolution of Regional Head Election results in Indonesia and examine the position and authority of the Constitutional Court following the decision. This research employs a normative legal research method with statutory and conceptual approaches. The analytical techniques used are qualitative-descriptive and interpretative analysis techniques to examine and interpret legislation, Constitutional Court decisions, and relevant legal literature. The results show that Decision Number 85/PUU-XX/20

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Ulum, Muhammad Bahrul. "HOW DEMOCRACY IS ELECTION? REASSESSING ARTICLE 18 (4) OF THE 1945 CONSTITUTION AND ITS IMPLICATION TO THE REGIONAL HEAD ELECTION IN INDONESIA." Jurnal Hukum dan Peradilan 8, no. 2 (2019): 315. http://dx.doi.org/10.25216/jhp.8.2.2019.315-332.

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This paper aims to reassess the term “elected democratically” in Article 18 (4) of Indonesia’s revised 1945 Constitution which resulted in the competing interpretation over the appropriate method for selecting heads of regional governments in Indonesia. In fact, the flexibility of such a term was challenged and negotiated to formulate an appropriate mechanism to select heads of regional governments. In 2004, the Constitutional Court concluded that the legislative body was the ultimate institution to interpret “elected democratically” so that this institution can opt whether a regional head ele

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Honchar, O. O. "European experience in the selection of judges of constitutional jurisdiction bodies." Analytical and Comparative Jurisprudence 1, no. 3 (2025): 112–23. https://doi.org/10.24144/2788-6018.2025.03.1.15.

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The article provides a comparative legal analysis of the formation of constitutional jurisdiction bodies in European countries, procedures for selecting their members, and the requirements for candidates aspiring to be constitutional court judges. Research indicates that European countries implement both American and European models of constitutional review. The only notable exception is the Kingdom of the Netherlands, which lacks a body of constitutional jurisdiction due to constitutional prohibitions against reviewing laws for compliance with the Constitution and assessing constitutional adh

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14

Tanjung, Muhammad Anwar Tanjung, Retno Saraswati, and Lita Tyesta A.L.W. "Constitutional Democracy and National Legal Instruments in Resolving Regional Election Disputes." Lex Publica 7, no. 1 (2020): 95–109. http://dx.doi.org/10.58829/lp.7.1.2020.95-109.

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Through Law Number 32 of 2004 concerning Regional Government, direct regional head elections (Pemilihan Umum Kepala Daerah/Pilkada) could finally be realized. In accordance with the mandate of Article 24C paragraph (1) of the 1945 Constitution, it stipulates that one of the powers of the Constitutional Court is to decide disputes over election results, which means that this includes post-conflict local election disputes. In this context, the Constitutional Court performs its role to maintain the constitutional democracy adopted in Indonesian legal system fo resolve election disputes. Upholding

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15

Indra, Mexsasai, Geofani Milthree Saragih, and Tito Handoko. "Pseudo-judicial Review for the Dispute over the Result of the Regional Head Election in Indonesia." Lentera Hukum 10, no. 1 (2023): 111. http://dx.doi.org/10.19184/ejlh.v10i1.36685.

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In Indonesia, the Constitutional Court has the power to decide the dispute over the result of the national election, including that of the regional head election. In practice, the Constitutional Court exercises power with the so-called pseudo-judicial review for the result of the regional election dispute. This study aims to analyse the rationale of the Constitutional Court to implement a pseudo-judicial review over the regional head election result, given the judicial activism that also is limited to checks and balances. It also links the theoretical basis for rule-breaking and judicial activ

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16

Omara, Andy. "ASSESSING THE INDONESIAN CONSTITUTIONAL COURT CONSISTENCY IN DETERMINING ITS AUTHORITY TO SETTLE DISPUTE ON REGIONAL HEAD ELECTION." Yustisia Jurnal Hukum 9, no. 2 (2020): 184. http://dx.doi.org/10.20961/yustisia.v9i2.40906.

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<p><em>This study aims to answer three important questions: first, how the 1945 Constitution regulate the authority of the Constitutional Court in resolving dispute on general election as stated in Article 22 E and the regional head election as stipulated in Article 18. Second, how the Constitutional Court, through its rulings, interpret its authority to settle dispute on general election and regional head election. Third, why, in different period, there is a tendency that the Court provide different interpretation regarding its authority to resolve dispute on general election and

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17

Mityukov, Mikhail. "The formation of the composition of the Constitutional Court of Russia in 1994–1995 (on the history of the issue and constitutional and legal aspects)." Sravnitel noe konstitucionnoe obozrenie 30, no. 4 (2021): 155–71. http://dx.doi.org/10.21128/1812-7126-2021-4-155-171.

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The modernisation of the Constitutional Court of the Russian Federation in 1993–2000 was a result of the political and legal transformations of the 1990s, and the period of its procedural inaction for a year and a half was by no means time lost. It was used to prepare a new law for the Constitutional Court, which was largely prepared by the Court itself and accompanied by disputes with the State Legal Department of the Russian Federation’s president and various factions of the State Duma of the first assembly (LDPR, KPRF). Discussions were primarily held about the status of the Constitutional

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18

Windi Aji, Ari Bakti, Repelita Repelita, Yuli Kasmarani, Eza Tri Yandy, and Al Fauzi Rahmat. "Problems with Regional Head Elections: Constitutional Court Decisions on Disputes over Regional Head Election Results in Jambi Province." Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 23, no. 2 (2024): 228–39. http://dx.doi.org/10.30631/alrisalah.v23i2.1474.

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This research is entitled Problems of Regional Head Elections (Study of Constitutional Court Decisions regarding Disputes over Regional Head Election Results in Jambi Province). This type of research is normative legal research. The focus of the research is to examine what are the legal issues for regional head elections submitted by the Petitioners in cases of regional head election results in the Jambi province region to the Constitutional Court and how the trend of decisions based on legal considerations of the Constitutional Court in cases of regional head election disputes in the Jambi pr

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19

Widokarti, Fenny Eka, Juanda Juanda, and Ambarwati Ambarwati. "KEABSAHAN PUTUSAN MA NO. 23 P/HUM/2024 ATAS KEBERADAAN PUTUSAN MK NO. 70/PUU-XXII/2024 DALAM OBJEK PENGUJIAN BATAS USIA PENDAFTARAN PENCALONAN PILKADA SERENTAK NASIONAL 2024." SINERGI : Jurnal Riset Ilmiah 2, no. 7 (2025): 3031–45. https://doi.org/10.62335/sinergi.v2i7.1475.

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The normative contradiction between Supreme Court Decision Number 23 P/HUM/2024, which raised the age limit for regional head candidates, and Constitutional Court Decision Number 70/PUU-XXII/2024, which precisely nullified the norm regarding the minimum age limit, creates legal uncertainty and potential serious implications for the organization of the Regional Head Elections (Pilkada). This research employs a descriptive analytical method with a normative juridical approach to analyze the legal validity of Supreme Court Decision No. 23 P/HUM/2024 in relation to Constitutional Court Decision No

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20

Yarni, Meri, Rona Indara, Irwandi Irwandi, Adeb Davega Prasna, and Lauri Juliani. "Putusan Mahkamah Konstitusi Nomor 85/PUU-XX/2022: Badan Peradilan Khusus Perkara Perselisihan Hasil Pemilihan Gubernur, Bupati dan Walikota." Wajah Hukum 8, no. 1 (2024): 444. http://dx.doi.org/10.33087/wjh.v8i1.1467.

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The purpose of this research is to determine and analyze the balance of Constitutional Court Judges in Decision Number 85/PUU-XX/2022 and the legal implications of Decision Number 85/PUU-XX/2022 on special courts for resolving disputes over election results. The research issues include: 1) What are the considerations of Constitutional Court Judges in Decision Number 85/PUU-XX/2022? 2) What are the legal implications of Decision Number 85/PUU-XX/2022 on special courts for resolving disputes over election results? The research method used in this thesis is normative juridical, meaning the resear

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21

Amancik, Amancik, Putra Perdana Ahmad Saifulloh, Zainal Amin Ayub, Sonia Ivana Barus, and Susi Ramadhani. "Choices of Law for Democratic Regional Head Election Dispute Resolution Institutions in Indonesia." Jambura Law Review 6, no. 2 (2024): 304–38. http://dx.doi.org/10.33756/jlr.v6i2.24792.

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This research aimed to provide a conceptual idea regarding legal options in resolving disputes of democratic regional head elections in Indonesia with two proposed options. The first option included revising the Election and Regional Election Law to grant authority to the Constitutional Court (MK) and Election Supervisory Agency (Bawaslu) for adjudicating disputes. The second option proposed implementing the Fifth Amendment to the 1945 Constitution to reconstruct the Constitutional Court as an election court correlating with the primary role of upholding regulations. These proposed options wou

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Чиркин, Вениамин, and Vyeniamin CHirkin. "COURT AND OTHER BODIES OF THE CONSTITUTIONAL CONTROL: "PRO" AND "CONTRA" (SUBJECTIVE NOTES)." Journal of Foreign Legislation and Comparative Law 3, no. 3 (2017): 30–35. http://dx.doi.org/10.12737/article_593fc3439fd014.98773314.

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This article discusses several types of non-specialized and specialized bodies, carrying out legal protection in the countries of the world of the constitution: the ordinary courts, constitutional courts. constitutional councils, specific authorities in some muslim countries, some other organs. Applying a multifaceted approach, content analysis of constitutions and laws governing the constitutional control, methods of analysis and synthesis. induction and deduction, techniques of comparative law, the author notes the existence of the pros and cons of the Institute of constitutional control in

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23

Arystha, Nirwanto1, and Herawati2 Ratna. "Legal Analysis Regarding Ex-Convicts as Election Contestants Based on the Indonesian Constitutional Court Decision." International Journal of Social Science and Human Research 05, no. 1 (2021): 337–46. https://doi.org/10.5281/zenodo.5937244.

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,Ex-convicts must wait for a five-year gap after passing their prison term and announce their background if they want to run for governor, regent, or mayor, according to the Constitutional Court's decision Number 56/PUU-XVII/2019. The election of regional heads is an activity in the context of implementing a government system in the form of democracy. In the implementation of regional head elections, to get quality regional leaders, it takes qualified candidates promoted by political parties as well as those who run independently. Among the requirements for a regional head candidate, both

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Zhu, Guobin, and Antonios Kouroutakis. "The Role of the Judiciary and the Supreme Court in the Constitution Making Process: the Case of Nepal." Stanford Journal of International Law 55, no. 1 (2019): 69–82. https://doi.org/10.5281/zenodo.10647656.

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This article examines the role of the judiciary in Nepal after the adoption of the new Constitution and examines its position via the lenses both of the separation of powers and the rule of law. By comparing the present Constitution with the previous constitutional documents of Nepal, it seems that the constitutional drafters on the one hand aimed to enhance the institutional independence of the Supreme Court, the head of the judiciary, but on the other hand, they limited its jurisdiction pertaining to the interna corporis and to the constitutionality review of constitutional amendments.Furthe

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Oxman, Bernard H., and Bardo Fassbender. "Confiscation of property in Czechoslovakia in 1945—exclusion of German jurisdiction—Convention on the Settlement of Matters Arising out of the War and the Occupation—nationality in international law—neutrality of Liechtenstein in World War II." American Journal of International Law 93, no. 1 (1999): 215–19. http://dx.doi.org/10.2307/2997965.

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Prince of Liechtenstein v. Federal Supreme Court. Case 2 BvR 1981/97. 36 Archiv des Volkerrechts 198 (1998).German Federal Constitutional Court (3d Chamber, 2d Senate), January 28, 1998.On January 28, 1998, a chamber of the German Constitutional Court decided that the Court would not deal with a constitutional complaint brought before it by Prince Hans-Adam II of Liechtenstein, Head of State of die Principality of Liechtenstein. In effect, the chamber thus upheld the decisions made by the civil courts rejecting the Prince's attempt to recover a family painting confiscated by Czechoslovakia and

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Fauzan, Muhammad, Dewi Iriani, Arief Budiono, Mahesa Rannie, and Elsa Sintya Marvinda. "Reconstruction of the Characteristics of the Constitutional Court’s Decision on the Minimum Age of Presidential and Vice-Presidential Candidates in the Republic Of Indonesia’s State Administrative System." Jurnal Dinamika Hukum 24, no. 3 (2024): 337. https://doi.org/10.20884/1.jdh.2024.24.3.15571.

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There was a proposal that the minimum age of Indonesia’s Presidential and Vice-Presidential candidates should be 35 years as opposed to the original 40 years. Decision of the Constitutional Court No. 90/PUU-XXI/2023 on the Minimum Age of Presidential and Vice-Presidential Candidates rejected this proposal and declared that the minimum age is 40 years old with an additional sentence of "having had experience as a head of a region". This paper aims to analyze how Constitutional Court judges reconstruct the characteristics of the Constitutional Court decision in interpreting case No. 90/PUU-XXI/2

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Arendse, Lorette. "Not “radical” enough: Disrupting the narrative of Ermelo’s grand transformative potential in public basic education." Stellenbosch Law Review 2024, no. 2 (2024): 178–94. https://doi.org/10.47348/slr/2024/i2a4.

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The Constitutional Court decision in Head of Department, Mpumalanga Department of Education v Hoërskool Ermelo 2010 2 SA 415 (CC) is often celebrated in education law jurisprudence. The Constitutional Court’s call for the radical transformation of public education is zealously repeated in academic discourse. In particular, the apex Court is lauded for the formulation of principles applicable to school governing bodies on how to develop constitutionally compliant language policies in terms of section 29(2) of the Constitution of the Republic of South Africa, 1996. This provision guarantees the

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Kurniawan, Anfal, and Ristina Yudhanti. "Passive Constitutional Rights of Former Convictors in Regional Head Elections (Perspective of Constitutional Court Decision No. 42/PUU- XIII/2015)." Jurnal Daulat Hukum 8, no. 2 (2025): 97. https://doi.org/10.30659/jdh.v8i2.44927.

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This study discusses the political rights of former convicts to run as regional head candidates. This article is the result of an analysis of the Constitutional Court's decision No. 42/PUU-XIII/2015 which grants political rights to former convicts to run as regional head candidates. The basis for consideration (ratio decidendi) of the Constitutional Court's decision is; the right to vote and be elected can only be revoked based on a court decision, not based on statutory provisions; a person who has served a sentence and is released from prison is essentially a person who has repented and regr

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Riqiey, Baharuddin. "PEMILIHAN KEPALA DAERAH OLEH DEWAN PERWAKILAN RAKYAT DAERAH PASCA PUTUSAN MK NO. 85/PUU-XX/2022." Constitution Journal 2, no. 1 (2023): 17–30. http://dx.doi.org/10.35719/constitution.v2i1.42.

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The regional head election can be held in two models, namely direct election or election through People’s Legislative Council. Both are constitutional as stated in Constitutional Court Decision No. 97/PUU-XI/2013. However, after the prevailing of Constitutional Court Decision No. 85/PUU-XX/2022, which does not differentiate between general election and regional head election, then as one of the principles contained in Article 22E of the 1945 Constitution of the Republic of Indonesia, namely the principle of "direct" becomes a problem. Thus, the aim of the paper is to examine and analyze the tr

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Pandapotan, Jannes. "The Implementation of Constitutional Court of Indonesia." Jurnal El-Thawalib 2, no. 4 (2021): 239–51. http://dx.doi.org/10.24952/el-thawalib.v2i4.4233.

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This study discusses The Implementation of Constitutional Court of Indonesia Decision No. 128/PUU XIII/2015 on the Elimination of Domicile Requirements for Village Apparatus Candidates in Pasar Batahan Village Batahan Sub-district Mandailing Natal District. This research was motivated by a decision of the Constitutional Court that removed the requirement of domicile for village apparatus candidates so village apparatus candidates could register anywhere without any regional restrictions. This type of research is field research with qualitative descriptive analysis methods. This method of data

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Wolf, Loammi. "Revisiting Section 81 of the Constitution: The Commencement Date of Legislation (Legislative Power) Distinguished from Promulgation (Legislative Process)." Southern African Public Law 30, no. 1 (2017): 193–220. http://dx.doi.org/10.25159/2522-6800/3534.

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Section 81 of the Constitution regulates promulgation through publication as part of the legislative process (ie, a procedural norm). The provision further creates a presumption that unless the legislature explicitly determines a commencement date in an Act it enters into force upon promulgation. The commencement date of legislation is thus part of the contents of a statute (ie, a substantive norm), which must be determined by the legislature when adopting the legislation. In a number of judgments, however, the Constitutional Court espoused the idea that the commencement date is part of the le

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Syaf Putra, Hendrik, Saldi Isra, and Suharizal Suharizal. "Limitation on Maximum Differences in Dispute Settlement Results of Regional Head Selection in the Constitutional Court." International Journal of Multicultural and Multireligious Understanding 5, no. 6 (2019): 223. http://dx.doi.org/10.18415/ijmmu.v5i6.1043.

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One of the manifestations of the implementation of today's sovereignty is the democratically-elected regional head of elections which is the mandate of the country's constitution. In the course of the dispute of the result of the election of the head of the area there is a provision of the difference in votes in Article 158 of Law No. 10 of 2016 on the Election of the Governor, the Regent, and the Mayor who constitutes a formal requirement to be able to dispute to the Constitutional Court. The purpose of this study is to analyze the basis of the determination of the threshold for submission of

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Mashdurohatun, Anis, Erman Suparman, and I. Gusti Ayu Ketut Rachmi Handayani. "Authority of the Constitutional Court in the Dispute Resolution of Regional Head Elections." Lex Publica 6, no. 1 (2019): 52–60. http://dx.doi.org/10.58829/lp.6.1.2019.52-60.

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Abstract Through Law No. 32 of 2004 concerning Regional Government, direct regional head elections (Pilkada) can finally be realized. In accordance with the mandate of Article 24C paragraph (1) of the 1945 Constitution, it stipulates that one of the powers of the Constitutional Court is to decide disputes over election results, which means that this includes post-conflict local election disputes. In this context, the Constitutional Court performs its role to maintain the purity of the people’s voice if there is a voting dispute in the election process. Upholding the constitution is a form of p

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Fata, Izzul. "Pengujian Undang-Undang Oleh Mahkamah Konstitusi Ditinjau Dari Perspektif Politik Hukum." FOCUS: Jurnal of Law 1, no. 2 (2021): 63–70. http://dx.doi.org/10.47685/focus.v1i2.151.

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This study aims to determine the description of how the state, through its legal politics, give enormous authority to the Constitutional Court, which is the body (judicative) to interfere with parliamentary (legislative) and government (executive) affairs, which are not bene the three branches of government (legislative, executive and judicative). Rationally have the same position. This research method uses normative juridical research. Article 24C of the 1945 Constitution of the Republic of Indonesia establishes the Constitutional Court as one of the special judicial actors and the Supreme Co

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Fitri, Muhammad Syahrial, and Hanafi Hanafi. "Kajian Evaluatif Perselisihan Hasil Pemilihan (PHP) Kepala Daerah Serentak Tahun 2020 Di Provinsi Kalimantan." Al-Adl : Jurnal Hukum 15, no. 1 (2023): 131. http://dx.doi.org/10.31602/al-adl.v15i1.8165.

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This research will discuss, First, the factors that are the causes of the Election Result Disputes (PHP) for the 2020 Regional Heads of the South Kalimantan Province at the Constitutional Court and Second, the consequences that arise in the Implementation of the Decisions on the Election Result Dispute (PHP) for the 2020 Regional Heads of the Province Simultaneously South Kalimantan at the Constitutional Court.This research was conducted using the Normative Juridical approach, which examines statutory regulations and other literature related to regional head election results in disputes (PHP)

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Micael Josviranto. "JURIDICAL REVIEW OF THE AUTHORITY OF THE CONSTITUTIONAL COURT IN RESOLUTION OF GENERAL ELECTION DISPUTES FOR REGIONAL HEAD." SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL 9, no. 2 (2020): 39–47. http://dx.doi.org/10.36526/sosioedukasi.v9i2.1044.

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purpose of this research is to find out what is the legal basis for the authority of the Constitutional Court in resolving disputes over the results of the General Election of Regional Heads in Indonesia and how the effectiveness of the authority of the Constitutional Court in disputes over Regional Head General Election. The method used in this research is juridical normative, namely, the materials collected by conducting a literature study. The authority of the Constitutional Court in judging at the first and last levels whose decisions are final in deciding disputes regarding general electi

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Sugianto. "Democracy Establishment on Regional Head Election Observed from the Constitutional Law Perspective in Indonesia." Journal of Social and Development Sciences 7, no. 3 (2016): 42–49. http://dx.doi.org/10.22610/jsds.v7i3.1409.

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The amendment of the 1945 Constitution had opened space for democratic realization process at local level. In Article 18 paragraph (4) mentioned that governors, regents and mayors respectively as the heads of provincial, regency and municipal elected democratically. The local elections were carried out simultaneously by the people show democratic electoral system embodiment. To analyze the phenomena, this study uses a qualitative method, which the data source derived from primary and secondary data. Primary data is data obtained from observations in field, while secondary data obtained from li

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Amiruddin, Amiruddin, and Rizki Ramadani. "Judicial Activism in Regional Head Election Dispute: The Practice and Consistency of The Indonesian Constitutional Court." Substantive Justice International Journal of Law 6, no. 1 (2023): 56. http://dx.doi.org/10.56087/substantivejustice.v6i1.230.

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The Constitutional Court's approach towards regional head election disputes is regarded as quite progressive and illustrates the growing trend of judicial activism. This article attempts to analyze the practice of activism by the Constitutional Court in the context of regional head election disputes and assess its consistency in simultaneous elections. This study uses a conceptual, statutory and case approach in analyzing several regional head election dispute decisions in 2020. The activism of the Constitutional Court in the context of regional head election disputes is at least practiced by

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Noor, Andreyan, Aullia Vivi Yulianingrum, Elviandri Elviandri, and Muhammad Nurcholis Alhadi. "THE IMPLICATIONS OF CONSTITUTIONAL COURT DECISION REGARDING THE LIMITATION OF REGIONAL HEADS' TERMS ON THE CONSTITUTIONALITY OF REGIONAL HEADS' NOMINATIONS." Awang Long Law Review 7, no. 1 (2024): 119–27. https://doi.org/10.56301/awl.v7i1.1419.

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The limitation of regional heads' terms in Indonesia is basically related to two things, the first is to avoid abuse of authority, and the second is to regenerate leadership in the regions, therefore the limitation of the regional heads' terms is very important. This research is normative legal research with a statute approach and a case approach, by analyzing the decisions of the Constitutional Court such as Decision Number 22/PUU-VII/2009, Number 67/PUU-XVIII/2020, and Number 2/PUU-XXI/2023. This study examines how the Constitutional Court interprets the term limits of regional heads, includ

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Ali, Mohammad Mahrus. "Konstitusionalitas dan Legalitas Norma dalam Pengujian Undang-Undang Terhadap Undang-Undang Dasar 1945." Jurnal Konstitusi 12, no. 1 (2016): 172. http://dx.doi.org/10.31078/jk12110.

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The Constitutionality of norms are inseparable with the model of judicial review of laws against the 1945 Constitution of the Republic of Indonesia. It can be see from the reviews of abstract and concrete norms by the Constitutional Court of the Republic of Indonesia. The review of conrete norms in the decision of judicial review basically does not constitute authority of the Constitutional Court. Theoretically, norms review should be starting from abstract norms as the implications of the Constitutional Court authority. In order to review the constitutionality of laws, norms and abstract norm

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Okpaluba, Chuks. "Judicial Review of Executive Power: Legality, Rationality and Reasonableness (Part 1)." Southern African Public Law 30, no. 1 (2017): 122–52. http://dx.doi.org/10.25159/2522-6800/3532.

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Early in the life of the South African democratic dispensation, the Constitutional Court distinguished the conduct of the President as the head of the executive branch of government from an administrative action. However, it held that executive conduct was, like all exercise of public power, constrained by the constitutional principles of legality and rationality. So, as a necessary incident of the rule of law, the executive may not exercise powers or perform duties not conferred upon it by the Constitution and the law. The cases decided since then demonstrate in practical and theoretical term

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Muhammad Anwar Soleh. "Aktualisasi Prinsip Negara Hukum Pasca Putusan Mahkamah Konstitusi Nomor 60/PUU-XXII/2024." Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2, no. 2 (2025): 36–46. https://doi.org/10.62383/konsensus.v2i2.669.

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The problem of organizing regional elections has been apparent since the nomination stage where there are obstacles for each regional head, namely the regional head nomination threshold. The nomination threshold directly eliminates the constitutional and political rights of every citizen to actively participate in the regional head election process. This study uses normative legal research, namely preliminary research activities before delving further into in-concrito research. The research approach uses a statute approach and a case approach through the Constitutional Court decision Number 60

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Yasin, Rahman. "Telaah Putusan MK dalam Sengketa PHPU Pilpres 2004 (Perspektif Negara Demokrasi Konstitusional)." Jurnal Konstitusi 11, no. 4 (2016): 650. http://dx.doi.org/10.31078/jk1143.

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This paper aims to examine the extent of the impact of the decision of the Constitutional Court of the Republic of Indonesia No. 1/PHPU.PRES-XII/2014 related PHPU 2014 presidential election dispute in relation to the strengthening of the constitutional legitimacy of the democratic state based on law and the constitution. Constitutional Court Decision No. 1/PHPU.PRES-XII/2014 gives importance to the development of our constitutional democratic system of government in the modern era. The Constitutional Court’s decision gives the meaning of democracy in a substantial sense of justice substantive.

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Ahmad Shodiqin. "Application of the Authority of the Constitutional Court in Resolving Disputes on Regional Head Election Results." JUSTICES: Journal of Law 2, no. 3 (2023): 164–72. http://dx.doi.org/10.58355/justices.v2i3.15.

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This thesis aims to determine the implementation of the provisional authority mandated to the Constitutional Court in resolving election results disputes and this research also aims to determine the impact and effectiveness of the implementation of the election settlement regulations regarding the provision of vote difference thresholds. This study used the library research research method in collaboration with observation or observation methods. The number of cases registered with the Constitutional Court was 53 cases, while only 7 cases passed and advanced to the trial process. The results o

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Al-Fatih, Sholahuddin, and Asrul Ibrahim Nur. "Does the Constitutional Court on Local Election Responsive Decisions ?" Journal of Human Rights, Culture and Legal System 3, no. 3 (2023): 569–96. http://dx.doi.org/10.53955/jhcls.v3i3.74.

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The dynamism of the implementation of general elections in Indonesia is directly related to the legal products that regulate them. In this case, legal politics that continue to change legal products can further complicate the systems, mechanisms, and behavior of general election organizers and participants, and make them vulnerable to future general election disputes. This article aims to explain how the legal politics of the Constitutional Court's decision regarding the Regional General Election Law influences changes to the Regional Head Election Law, as well as its responsiveness to regiona

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Eddyono, Luthfi Widagdo. "Penyelesaian Sengketa Kewenangan Lembaga Negara oleh Mahkamah Konstitusi." Jurnal Konstitusi 7, no. 3 (2016): 001. http://dx.doi.org/10.31078/jk731.

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This article is about settlement disputes of authorities of state institutions by the Constitutional Court of Indonesia. Pursuant to Article 24C Paragraph (1) of the 1945 Constitution in conjunction with Article 10 Paragraph (1) of the Constitutional Court Law, the Constitutional Court of Indonesia has the authority to hear at the first and final level, the decision of which shall be final, among others in deciding disputes of authorities of state institutions, the authorities of which are granted by the Constitution. But, the 1945 Constitution and the Constitutional Court Law not provide enou

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Suparto, Suparto. "PUTUSAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA TENTANG PERSELISIHAN HASIL PEMILIHAN KEPALA DAERAH DALAM PERSPEKTIF HUKUM PROGRESIF." Jurnal Ilmu Hukum 8, no. 2 (2019): 286. http://dx.doi.org/10.30652/jih.v8i2.7197.

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ABSTRAKPenelitian ini bertujuan untuk mengetahui Putusan Mahkamah Konstitusi tentang perselisihan pemilihan kepala daerah dalam perspektif hukum progresif. Mahkamah Konstitusi Republik Indonesia berdasarkan UUD dan Undang-Undang mempunyai kewenangan untuk memutus perselisihan tentang hasil pemilihan umum termasuk didalamnya adalah perselisihan hasil pemilihan kepala daerah. Yang dimaksud dengan perselisihan hasil adalah perselisihan terkait dengan hasil penghitungan suara pasca pemilihan. Namun dalam putusan No. 45/PHPU D-VIII/2010 tentang sengketa pemilihan kepala daerah di Kabupaten Kotawari

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Hufron, Hufron, Sultoni Fikri, Syofyan Hadi, and Baharuddin Riqiey. "Regional Head Election post-MK Decision Number 60/PUU-XXII/2024 in the constitutional law landscape." Legality : Jurnal Ilmiah Hukum 33, no. 1 (2025): 224–43. https://doi.org/10.22219/ljih.v33i1.39064.

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This article aims to analyse the implications of the Constitutional Court's decision on the regional head election system in Indonesia and evaluate its impact on political participation and diversity within local democracy. The Constitutional Court, as the interpreter of the constitution, particularly in the context of regional head elections, plays a pivotal role in shaping the landscape of constitutional law. Constitutional Court Decision No. 60/PUU-XXII/2024, which controversially alters the candidacy requirements for regional heads from being based on seat or vote share to being based on p

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Palguna, I. Dewa Gede. "Constitutional Complaint and the Protection of Citizens the Constitutional Rights." Constitutional Review 3, no. 1 (2017): 1. http://dx.doi.org/10.31078/consrev311.

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Constitutional complaint is one of important issues to be dealt with by severral countries issues adopting constitutional court in their national legal system and the Federal Constitutional Court Germany (Bundesverfassungsgericht) is considered by expert as one of the most advance mechanism among countries in dealing with the issue. Generally speaking, constitutional complaint can be described as a complaint or lawsuit filed by an individual citizen who deems his or her constitutional right (s) has been violates by act or omission of public institution or public official. Mostly, such a compla

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Fitria, Lailatul, Muhammad Faisol, and Badrut Tamam. "Tafsir Hak Asasi Manusia dalam Putusan Mahkamah Konstitusi Tentang Politik Dinasti Perspektif Fiqh Siyasah." Rechtenstudent 3, no. 3 (2023): 372–84. http://dx.doi.org/10.35719/rch.v3i3.185.

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Dynastic politics is defined as leadership that only relies on the hands of groups that still have blood ties or kinship. In the Constitutional Court Decision Number 33/PUU-XIII/2015 concerning arrangements related to dynastic politics after a judicial review was carried out by parties who have legal standing and considered the law related to the prohibition of dynastic politics to be contrary to the 1945 Constitution. Because it was considered to formulate new norms and there was a violation of constitutional rights citizens to get equal opportunities in government. The interpretation of huma

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