The 1945 Constitution (UUD 1945) as one of the fundamental norms which must be used as a guide or reference, we must be able to see how to interpret each chapter, article or paragraph contained therein. So that we can draw conclusions about the rights and obligations of the state or society. One of them is the conclusion about the relevance of the 1945 Constitution, especially Article 28G parag…
Personal data protection is very important in today's modern world. Personal data is confidential and sensitive information about a person. In the personal data protection law, a person's personal data must be protected from unauthorized access or misuse. However, the question that arises is how is the protection of personal data of a deceased person regulated in the personal data protection la…
The policy of the Minister of Education and Culture, which was recently issued in the form of Minister of Education and Culture Regulation Number 30 of 2021, has generated a lot of perception and even controversy among universities and society itself. This policy is related to the increasing prevalence of sexual violence in the higher education sector which has a direct or indirect impact on op…
The diversity of religions and beliefs in Indonesia has led to the occurrence of marriages between followers of different religions and beliefs, commonly referred to as interfaith marriages. Interfaith marriages should not occur based on Article 2 paragraph (1) in conjunction with Article 8 sub f of the Marriage Law and the Supreme Court Circular Letter Number 2 of 2023. This study discusses th…
The term of office of a village head is not explicitly regulated in the 1945 Constitution of the Republic of Indonesia as is the term of office of the president and vice president and the term of office of regional heads, but is only regulated in Article 39 of Law No.6/2014. The Constitutional Court (MK) in Case Decision Number 15/PUU-XXI/2023 stated that the dynamics of changes to regulations …
The 1945 Constitution of the Republic of Indonesia (UUD 1945) gives quite a lot of authority to the President. One of its authorities is to determine "compelling matters of urgency", because the country is not always in a normal/peaceful/stable condition. In the opposite situation, the President as head of state is constitutionally given the authority to determine a situation of danger in the f…
Legislation at the central level gives authority to regions to determine parking levy rates. Pekanbaru city regional regulations set a parking fee of 1000 rupiah and in 2022 it will increase to 2000. In 2024 there will be a decrease in parking rates at government-managed traditional markets. Some people protested against the increase in parking rates, which means that the 2022 regulations need …
The problem of holding multiple civilian positions by members of the TNI and POLRI has given rise to many pros and cons. Various reasons were put forward, such as the right of the TNI and POLRI to take part in determining the future of the Indonesian nation, the accumulation of non-job TNI and POLRI officers, to the government's direct policy of requiring active TNI and POLRI members who have c…
Article 1 paragraph (3) of the 1945 Constitution expressly states that Indonesia is a state of law. Given this, the management of natural resources must be in accordance with Article 33 paragraph 3 in the body of the 1945 Constitution of the Republic of Indonesia. According to Article 5 of the 1945 Constitution of the Republic of Indonesia, it is a legal reason for the President to stipulate go…
The constitutionality in Indonesia is measured based on its alignment with the 1945 Constitution. The examination of the role and appointment of the Chief of Authority in the Special Capital Region of the National Capital is essential to comprehend its governance mechanism. The Chief of Authority of the Indonesian Capital City is directly appointed by the President and serves a five-year term, …
Indonesia and Venezuela are two countries that have different legal systems (Indonesia adheres to a continental legal system while Venezuela adheres to a social legal system). However, Indonesia and Venezuela have similarities in the government system, namely presidential. The Indonesian Constitution in terms of the period of office of the DPR does not provide an explanation for how long and ho…
The function of the DPRD regarding authority in terms of supervision over the implementation of Regional Regulations is also regulated in Article 101 Paragraph (1) C of Law Number 9 concerning the second amendment to Law Number 23 of 2014 which reads: "The Provincial DPRD also has duties and authority carry out supervision over the implementation of Provincial Regional Regulations and the Provi…
The Constitutional Court is the implementer of the judicial branch of power (judiciary) which is independent and separate from other branches of power, namely the government (executive) and representative deliberative institutions (legislative). The dismissal of Judge Aswanto is an example of a form of intervention carried out by the Legislative institution against the Judicial institution, bec…
This research analyzes the legal relevance of the formation of Supreme Court Regulation (PERMA) Number 1 of 2019 concerning Case Administration and Trial Electronically in Court. Prior to the creation of PERMA No. 1 of 2019, traditional court proceedings (in-person hearings) were conducted, as explained in the Indonesian Code of Criminal Procedure (KUHAP) Article 230 paragraph 1, which states: …
Article 222 No. 7 of 2017 concerning General Elections as an entry point for political cartels, both the requirements for presidential candidates and vice presidential candidates and the procedures for presidential elections in the 1945 Constitution do not regulate the requirement sthreshold and the 1945 Constitution does not delegate laws to regulate condition shreshold and Article 222 does no…
Article 5 Paragraph (1) explains that the President as one of the executives has the right to submit bills to the DPR as a legislative institution. Article 20 also regulates the formation of the bill. The joint agreement on the legislative function in the Indonesian presidential system of government divides authority. The refusal made by one party opens the possibility of tension in relations b…
General elections are an important pillar in a democratic country as a legitimate mechanism for changing state power, so the Election Law was created. However, in practice, conflicts of interest often occur which result in election disputes. The dispute raised in this research is the PRIMA Dispute with the KPU which resulted in a decision by the Central Jakarta District Court with case registra…
The Constitutional Court through Constitutional Court Decision Number 42/PUU-XIX/2021 decided that Article 39 Paragraph (2) of Law Number 6 of 2014 concerning Villages is contrary to the 1945 Constitution of the Republic of Indonesia and does not have conditionally binding legal force as long as it is not interpreted. , "Village heads who have served 1 (one) term, either based on Law of the Rep…
The existence of legal fiction actually assumes that everyone knows the law (presumtioiures de iure). However, many people really don't know about the existence of a good rule because of a lack of socialization from the government, not awareness of the people concerned. Van Apeldoorn introduced the principle of Legal Fiction and it has been normalized in article 81 of Law Number 12 of 2011. In …