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The Legal Logic of the Collapse on Non-Retroactive Doctrine in the Constitutional Court Decision

The non-retroactive doctrine as a legal principle did not apply retroactively. In legal system of Indonesian; Article 28I paragraph (1) of 1945 Constitution determines that a human right can not be prosecuted based on retroactive law as well as rights that can not be reduced under any circumstances. Similarly Article 58 of Law No. 24 Year 2003 concerning Constitutional Court determines that a Law is being reviewed by the Constitutional Court is still applied, before there is decision stated that the law is contrary to the 1945 Constitution. However, with the use of “legal logic of implication relationships” in Constitutional Court Decision No. 110-111-112-113/PUU-VII/2009, the decision was made retroactive and it become the jurisprudence for the Constitutional Court Decision No. 5/PUU-IX/2011 and Decision No. 13/PUU-XI/2013.
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Relation Between the Constitutional Court of the Republic of Indonesia and the Legislators According to the 1945 Constitution of the Republic of Indonesia

This research aims to analyze and to describe the relation between the Constitutional Court of the Republic of Indonesia (CC) with the People Representatives' Council and the President of the Republic of Indonesia as legislators by looking on implementation of CC's decision through the legislation in the period 2004-2015. Using doctrinal research, it can be seen how the constitutional mandate in the CC's decision are implemented by the legislator through the legislation. The results are: (a) legal opinions of the CC's decision have a binding power; (b) a constitutional mandate in the legal opinion is intended as guidance for the legislators regarding what the 1945 Constitution requires; (c) directives to the legislator in the legal opinions should be implemented because it is the implementation of the principle of checks and balances according to the 1945 Constitution, (d) implementation of the CC's decisions through legislation does not have standard mechanism and does not become the priority of legislation, and (e) relation between the CC with the legislators can not be categorized in black and white in cooperative or confrontative, but shows ups and downs between cooperative and confrontative relations. Cooperative relations are realized when the constitutional mandate is formulated strongly so it is implemented by the legislator as the formula. Relationships tend to be cooperative in the implementation of the constitutional mandate of the decision, but not a priority of legislation. Meanwhile, the confrontative relations is seen from the constitutional mandate of the CC decisions which are not implemented.
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Reconstruction of Ethics Supervision System Towards Constitutional Court Justice

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Judicial Preview on the Bill on International Treaty Ratification

Journal article

Reconstruction of Ethics Supervision System Towards Constitutional Court Justice

Journal article

Judicial Preview on the Bill on International Treaty Ratification

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The Unamendable Articles of the 1945 Constitution

The amendments of the 1945 Indonesian Constitution between 1999 and 2002 have significantly changed the state system in Indonesia. In such a short period, the Constitution has been amended four times, provokes enormous additional norms and causes the establishment of several new institutions, including the Constitutional Court and Judicial Commission. However, after the amendments to the 1945 Indonesian Constitution on Chapter XVI about Amendments to the Constitution, the framers of the amended Constitution created Article 37 paragraph (5) that stated, the form of the unitary state of the Republic of Indonesia may not be amended. The Preamble is also implicit unamendable. My purpose in this article is to understand the original intent of Article 37 paragraph (5) of the 1945 Indonesian Constitution, the real function of the article and also to describes original intent arguments explaining why the Preamble of the Constitution also unamendable. Before the amendments between 1999 and 2002, there is no article and provision like that, especially in the original 1945 Constitution. At last, I found that two important points that explain why this new provision created. First, the framers still afraid of separatism based on experience in 1950's when federalism occurred in Indonesia. Second, the procedure to amend the articles of the 1945 Constitution shows that the framers only wants to strengthen the important system of unitary state because there is no differences process to amend articles of the 1945 Constitution.
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