Suchergebnisse

The 1945 Constitution as the constitution of the Indonesian state which adopts a distribution of power system accompanied by a mechanism of checks and balances between state institutions based on popular sovereignty. In this case, as the People's Consultative Assembly and the Constitutional Court which have the authority related to the 1945 Constitution directly. Then it contains the research distinction that is the actual inherence of the authority of the People's Consultative Assembly and the Constitutional Court institutions as the guardians of the constitution through a technical review of checks and balances. Therefore, to scientifically strengthen this legal research, a juridical-normative, philosophical and conceptual-critical approach is used. On that basis, it is considered that between the People's Consultative Assembly and the Constitutional Court have actual significance of the checks and balances mechanism on their institutional authority as the guardian of the constitution. Therefore, it has implications for strengthening the institutional authority of the said state institution and realizing the order of legal civilization and democracy in the 1945 Constitution as the state constitution which is the central point of the administration of the Indonesian state as a democratic law state.

The constitution is approved as a law capable of guaranteeing human rights and protection of the constitution and past coordination, as well as being the corpus of the administration of the rule of law entity itself. Regarding the state of Indonesia and the United States, if examined by these two countries, they have similarities in the form of republican government or presidential system of government. However, on the contrary, in the impeachment transition, the two countries appear to be dichotomous both formally and materially. Therefore, this scientific article discusses reviewing the impeachment provisions of the Presidents of the two countries who agree to develop agreements and principles in checks and balances in trying to actualize the value of the country's legal justice. Therefore, in approving the discourse of research methods, descriptive-comparative methods are used with normative-philosophical and comparative-critical discussions. On that basis, this study discusses the practice of presidential impeachment in Indonesia to consider more legal justice, because it is through a legal process involving the Constitutional Court which implements practices in the United States that only involve the Senate and the House of Representatives which incidentally is a political institution. It considers the constitution in the basic law of the country.

Law Number 13 of the Year 2012 on Yogyakarta Special Region's privileges containing a legal affirmative democracy system leads to the weakening of democracy and has implications for non-substantive democracy. It furthermore reflects the normative ambiguity of the democratic system which legitimizes Yogyakarta's privileged affairs. Therefore, this research aims to analyze Yogyakarta's privileged affairs based on Islamic Law Eclecticism by reconstructing the democratic system in Law Number 13. Using the normative-doctrinal method accompanied by statutory and conceptual approaches, this research used the content analysis method and legal descriptive techniques. This research shows that the democratic system of DIY is crystallized and simultaneously presented in the form of the Trilogy of Yogyakarta Democratic Principles. Those consist of ngencengke oyot, ngencengke pang, and njagani godhong lan kembang. Based on this, the reconstruction of the democratic system of Yogyakarta's privilege affairs leads to communal democracy as a form of revitalizing its privilege affairs. Besides, that trilogy, based on Islamic Law Eclecticisms, refers to the interconnection of maqâṣid al-syarī'ah cum-rechtsidee and al-'urf. The reconstruction of the democratic system in Law Number 13 potentially revitalizes Yogyakarta's privileged affairs by making local wisdom its core value.