Suchergebnisse

The Indonesian Constitution has mandated health services for its people. Everyone has the right to receive health services, while the state is obliged to provide health services. The implementation of public health services faces problems concerning the president regulations about the increase of health insurance fee. The House of Representatives does not agree with the increase in health insurance fee, because the government should be responsible for the realization of public health services. This research uses normative legal research methods. The results showed that the government's policy of raising fees was considered unfair and burdensome to the people of Indonesia.Health services for the people of Indonesia has been mandated by The Indonesian Constitution. The denial of health services is a violation to the Indonesian constitution. The people have the right to get health services, whereas the state is responsible for providing health services. Therefore, even though the government raises fees, people expect the government to cancel the increase of the fee. Due to the fact that the Indonesian constitution has made it clear that the state is responsible for providing health services to its people.

India, being the largest democracy and Indonesia, being the third largest democracy in the world, have significant role in their basic attitude toward religious freedom among the world nations. Based on the Constitutions of the both countries, this study focuses on the religious freedom and its derailment in many ways. Religion plays a vital role in the society in moulding and building the civilization and humanity whether people accept it or not. It can affect the growth of the people positively or negatively. I would like to analyze the background of the Constitutional articles on religious freedom. How do the drafters of the Constitutions conceive of religious freedom in their respective countries? What were their dreams and aspirations when they drafted each article regarding the religious freedom in the Constitution? How much are they implemented or realized?

AbstractThis article aims to analyze the concept of Green Constitution in The Amandment of Constitution of Indonesia. The method used is a normative juridical, with secondary data which analyzed in qualitative. Based on results that Constitution of Indonesia before and after the amendment has accommodated the protection of human and natural resources. Such arrangements outlined in the Preamble and the articles, and sectoral legislation. All policy formulation should be in line with the mandate of Constitution of Indonesia. In the environmental norms into the Constitution, it is expected to minimize environmental damage. Intisari Artikel ini bertujuan menganalisis konsep Konstitusi Hijau dalam UUD NRI Tahun 1945. Metode penelitian yang digunakan adalah yuridis normatif, dengan data sekunder yang dianalisis secara kualitatif. Berdasarkan hasil penelitian diperoleh gambaran bahwa UUD 1945 sebelum dan sesudah amandemen telah mengakomodir perlindungan terhadap manusia dan alam sekitarnya. Pengaturan tersebut dijabarkan pada Pembukaan UUD 1945 dan pasal-pasal serta peraturan sektoralnya. Semua perumusan kebijakan harus sejalan dengan amanat dari UUD NRI Tahun 1945. Dinormakannya lingkungan hidup ke dalam UUD NRI Tahun 1945, maka diharapkan akan meminimalisasi terjadinya pencemaran dan atau kerusakan lingkungan hidup.

The purpose of knowing the position of religion in the state constitution is to know how to protect human rights and what are the noble values that regulate the lives of citizens, therefore religion in the constitution is one of the benchmarks for the administration of the state, constitutional norms place religion to occupy the important in the life of the state so that another consequence of the implementation of religious values in the state is the policies of state officials and the behavior of citizens should not conflict with religious values. This study uses a normative approach and uses a qualitative analysis methodology with data collection techniques through literature studies such as legislation, books, legal journals, and online media. The results of the analysis show that in terms of the constitutions in Indonesia and Pakistan, there are several basic differences, starting from the use of norms, state institutions, government systems, social pluralism, and the implementation of the constitution considering that Indonesia is not an Islamic country while Pakistan is an Islamic country but there are still some similarities. between Indonesia and Pakistan, but this shows that if only religion is used in the constitution without paying attention to the social, economic, political, and cultural needs of the community, this will become a big problem so it will need to share

The existence of regulation of recall rights of political parties as regulated in Law No. 17 of 2014 and Law No. 2 of 2008 bring a great influence on the position of legislative members. Based on these rules, legislators may be dismissed from their positions if proposed by Political Party. This certainly brings a polemic for the people as the sovereign owner, who have chosen their representatives through the electoral process, but when chosen representatives of the people can be dismissed from his position by a political parties through the mechanism of the right of recall. This research was done by doctrinal method approach as well as the use of the statute, historical, and conceptual approach. This results showed that the legal politics of recall right of political parties is actually only used as an instrument of the political parties in controlling its members in parliament in order to always adhere to the party's policy direction. This makes the recall right political party is legal products that characterized conservative or orthodox. The existence of a political party's recall rights order gives a great authority to the political parties to negate the result of the people's choice as the holder of sovereignty for the sake of the political party. The function of political parties as a means of political recruitment in the process of filling political office in this case as members of the legislature, should have been completed after the people chose their representatives through electoral mechanisms. Therefore, it is necessary for the reconstruction of the ideal and relevant recall rights arrangement to the people's sovereignty.

The constitution is often equated with the Constitution as the basic law is written. However, the Constitution of having understanding wider. The Constitution does not only include a written rule that constitution, but the unwritten rule, the basic rules are raised and maintained in the practice of statecraft or called by convention. The Constitution is the constitutional system in the form of written and unwritten rules set out together to govern a country. Where the nature and function of the constitution is there limitation of government power so that the implementation of power is not arbitrary. Thus, the rights of citizens are expected to be protected. 1945 was passed by the state constitution PPKI as Indonesia on August 18, 1945. In practice, the 1945 Constitution of Indonesia has been transformed into constitutional RIS (December 27th 1945- August 17, 1950), later transformed into a Provisional Constitution of 1950 (August 17th 1950s July 5th, 1959), until it became 1945 again but with amendments in 1999, 2000, 2001 and 2002. An amendment to the 1945 Constitution because their demands strong 1945 changes of society. People feel that the charge 1945 times many are not appropriate.

A constitution is a written regulation and a state convention (state administration) that determines the composition and position of state bodies, regulates relations between the bodies, and regulates the relationships between these bodies and the citizens. The enactment of a constitution as a binding fundamental law is based on the highest power or the principle of sovereignty adopted by a certain country. If the country adheres to the notion of popular sovereignty, then the source of the legitimacy of the constitution is the people. If monarchical sovereignty is applied, then the monarch will determine whether or not a constitution may be enforced. A constitution also contains regulations for the election of regional heads. Regional head elections are one of the characteristics of a state that applies democratic principles. This study aims to analyze the election of regional heads by comparing the constitutions of Majapahit, Indonesia, and the United States of America. The method used in this research is normative juridical, namely by reviewing the norms of Constitution, laws and other sources of legal material, including journals. The results of this research are that regional heads in Majapahit were directly elected by the Prabu (King). It was a District/majority representative system since the regional heads were directly elected by the king, an Organic and Non-Democratic electoral system. Whereas in Indonesia, regional heads (Governors, Regents and Mayors) are democratically elected, elected directly by the people or by the Provincial, Regential and Municipal House of Representatives (district representation system based on the majority and balance). However, in the reform era, the legislators interpreted the democratic system as direct election by the people. The electoral system is mechanical, organic and democratic. In the United States, the Head of State is directly elected by the people but at the discretion of the legislature, hence the representative system is a balanced representation system. The ...

The constitution is often equated with the Basic Law, each State has its own characteristics in drafting their Constitution, the Constitutional differences between one State and another also have an impact and influence the constitutional amendment system of each State. The purpose of this article is to find out how the comparison of the constitutions of Indonesia and Switzerland is related to the mechanism for amendment the constitutions of the those State. The results of this study indicate that in changing the constitution Indonesia must have 2/3 members of the MPR. Meanwhile, Switzerland in making amendment to their constitution gives the people veto rights to participate in determining amendment to their State's constitution. The conclusion in this study is that the Indonesian constitution is more rigid than the Switzerland constitution, the rules regarding amendment to the constitution that are rigid after the fourth amendment can be returned as the rules for changing the constitution before the amendment are more flexible, this will have a positive effect on the constitutional system in Indonesia. The writer's suggestion in this paper is that the Executive and Legislative Institutions immediately make a fifth amendment to replace outdated rules and strengthen the existing government system in Indonesia

ABSTRACT Conventions has the same legal force by law, because it is accepted and executed, even the convention can shift the written laws. Constitution change, one of them can be reached through the convention, because the constitution is open to be evaluated and refined over time through political mechanisms. To make changes and improvements in the constitution can be developed through amendments or changes as stipulated in Article 37 of the Constitution of 1945 can also be done through a constitutional convention. Convention by constitutional law experts recognized as one of the sources of constitutional law that can be used in the preparation of the implementation system of the Republic of Indonesia as the law states that sovereignty of the people. Almost all modern countries in the world beside it has the constitution (the written Constitution) in the practice of state administration also acknowledges the convention. There are convention in every constitutional system, especially in democracies. For Indonesia, the convention grew by or in accordance with the needs of the Indonesian state. Therefore it should be understood that the convention can not be"imported" form the constitutional system of other countries may be different principle and character with the state system of Indonesia. Parliamentary system that has been entrenched in the constitutional system in western countries, are certainly not in accordance with the constitutional system of Indonesia under the Act of 1945. Keywords: Convention, Constitutional, Indonesias Constitution