Perluasan Wewenang Mahkamah Konstitusi  Dalam Memutus Sengketa Kewenangan Antar Lembaga Negara Hingga Lembaga Pemerintahan Tingkat  Pusat dan Daerah

Fakhrazi, Muhammad Helmi

doi:10.15408/siclj.v1i1.4574

Cited by 3 publications

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“…Pembentukan Mahkamah Konstitusi dapat dipahami dari dua sisi, yaitu sisi politik dan sisi hukum. Dilihat dari sisi politik ketatanegaraan, keberadaan Mahkamah Konstitusi diperlukan untuk mengimbangi kekuasaan pembentukan undang-undang yang dimiliki oleh DPR dan Presiden (Fakhrazi, 2017). Hal ini diperlukan agar undang-undang tidak menjadi legitimasi bagi tirani mayoritas wakil rakyat di DPR dan Presiden yang dipilih langsung oleh mayoritas rakyat.…”

Section: Pendahuluanunclassified

Peran dan Wewenang Mahkamah Konstitusi dalam Sistem Pemerintahan Indonesia

et al. 2022

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The Constitutional Court is a State Institution Guarding the Constitution which Has the Authority to Decide at the First and Last Levels. As an actor of judicial power, the constitutional function of the Constitutional Court is the judiciary to uphold law and justice. As for the authority of the Constitutional Court that has been listed in Law Number 24 of 2003, namely that the Constitutional Court has the authority to resolve disputes or disputes related to the authority of state institutions that are given authority by the 1945 Constitution of the Republic of Indonesia; Decide the dissolution of political parties; Resolving disputes over the results of general elections; and the Constitutional Court is obligated to issue a decision on the recommendation of the House of Representatives (DPR) that the President and/or Vice President are suspected of having violated the law in the form of treason to the State, having committed bribery, disgraceful acts or actions that do not meet the requirements as President and/or Vice President as regulated in the 1945 Constitution of the Republic of Indonesia.

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Section: Pendahuluanunclassified

Peran dan Wewenang Mahkamah Konstitusi dalam Sistem Pemerintahan Indonesia

et al. 2022

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“…This means that a person can and is allowed to do something in a legal state because the actions and behavior of a citizen have been regulated in positive law. If it is concluded why legal certainty in the formation of regional regulations regarding zakat is important, namely to meet the needs of the community and the welfare of the people through legal aspects (Fakhrazi, 2017).…”

Section: Introductionmentioning

confidence: 99%

Legal Certainty of Authority of Local Regulations Concerning Zakat Management in State Administrative Law Perspective

Fahrozi¹,

Suprima²

2022

IJOMS

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This study wants to show a solution that the latest regulation on zakat, namely Law number 23 of 2011 concerning Zakat Management, can be the basis for the formation of regional regulations, through qualitative research methods, based on library research and emphasizing literature review. This study suggests that the formation of regional regulations on zakat management has strong legal certainty, because Indonesia is a state of law, and generally Indonesia uses state administrative law in carrying out its duties and responsibilities carried out by state administrators, in this case the government. Zakt is the main support for the life of the nation and society. Therefore, the law on zakat regulations from the legal aspect of state administration, the urgency of the formation of zakat regulations is important so that its legitimacy is regulated.

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“…The 1945 Constitution and the Constitutional Court Law only state that the Constitutional Court has the authority to judge at the first and last levels whose decisions are final to examine laws against the 1945 Constitution [5]. The constitutional review authority in the Constitutional Court which does not mention provisions to test concrete norms related to cases in court (constitutional question) is then interpreted that constitutional testing in the Constitutional Court is limited to testing abstract norms.…”

Section: Introductionmentioning

confidence: 99%

Portrait of Constitutional Question Mechanisms in Judicial Review Practices in the Constitutional Court from the Perspective of Prophetic Law Paradigm

Lutfi¹

2021

Advances in Social Science, Education and Humanities Research

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The constitutional question mechanism in the constitutional review authority in the Constitutional Court (MK) has not been adapted so that it can result in the constitutional rights of citizens not being comprehensively protected. Substantive justice based on the One God (transcendent justice) has not been accommodated properly. The focus of this paper is to look at the constitutional question mechanism in the judicial review practice in the Constitutional Court based on the perspective of the Prophetic Law Paradigm. This type of research is a normative juridical study using a statutory approach and a conceptual approach. The method of collecting legal materials was carried out through literature study and analyzed using qualitative juridical analysis methods. The results and findings of the study indicate that the institutionalization of the constitutional question mechanism can be realized by expanding the constitutional review authority in the Constitutional Court. This expansion of authority can be carried out by changing the Constitutional Court Law, without making changes to the 1945 Constitution. The prophetic law paradigm can be used as an alternative perspective to revive the spirit of justice based on One God (transcendent justice) in the practice of constitutional testing in the Constitutional Court, especially in implementing mechanisms constitutional question.

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Perluasan Wewenang Mahkamah Konstitusi Dalam Memutus Sengketa Kewenangan Antar Lembaga Negara Hingga Lembaga Pemerintahan Tingkat Pusat dan Daerah

Cited by 3 publications

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Peran dan Wewenang Mahkamah Konstitusi dalam Sistem Pemerintahan Indonesia

Peran dan Wewenang Mahkamah Konstitusi dalam Sistem Pemerintahan Indonesia

Legal Certainty of Authority of Local Regulations Concerning Zakat Management in State Administrative Law Perspective

Portrait of Constitutional Question Mechanisms in Judicial Review Practices in the Constitutional Court from the Perspective of Prophetic Law Paradigm

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