The basis for the establishment of the Constitutional Court is an effort to uphold the principles of a rule of law and to provide maximum protection for democracy and basic rights of citizens. As the main objective of the rule of law is to protect the freedom of individual citizens from the State's power. The purpose of this research is to answer the question of what constitutional rights are citizens and how they are protected in Indonesia. This research uses a normative juridical approach by examining theories, concepts, legal principles and laws and regulations obtained from legal material sources such as books, articles / writings and other documents, then the data is analyzed so that it will provide conclusions. The results show that constitutional rights are rights that include civil rights, political rights, economic rights, and socio-cultural rights guaranteed by the 1945 Constitution, for their protection efforts through the process of forming laws that reflect the protection and respect for human rights and dignity. and dignity and if there is a law that is detrimental to their rights, they can file a constitutionality review in the Constitutional Court
Artikel ini bertujuan untuk untuk mengetahui kedudukan putusan peradilan administrasi negara di Indonesia dan kepastian hukum pelaksanaan putusan peradilan administrasi negara terkait pemilukada. Masalah difokuskan pada kedudukan putusan peradilan administrasi negara dalam konteks negara hukum di Indonesia dan bagaimana kepastian hukum pelaksanaan Putusan Pengadilan Tinggi Tata Usaha Negara Medan Nomor: 6/G/PILKADA/2020/PTTUN-MDN, Guna mendekati masalah ini dipergunakan acuan teori dari Utrecht yaitu Kepastian Hukum dan data-data dikumpulkan melalui studi dokumen dan wawancara yang diperoleh dari perundangan-undangan, putusan hakim, buku, pandangan ahli, artikel/tulisan dan sumber bahan lainnya serta melakukan wawancara dan pendekatan kasus kemudian disusun secara sistimatis selanjutnya dianalisis secara kualitatif sehingga mencapai kejelasan terhadap masalah yang akan dibahas. Kajian ini menyimpulkan bahwa Putusan peradilan administrasi negara yang sudah berkekuatan hukum tetap wajib dilaksanakan dengan cara pencabutan Keputusan yang bersangkutan; atau pencabutan Keputusan yang bersangkutan dan menerbitkan Keputusan yang baru; atau penerbitan Keputusan. Namun kepastian hukum pelaksanaan Putusan Nomor: 6/G/PILKADA/2020/PTTUN-MDN diabaikan oleh Komisi Pemilihan Umum Kabupaten Serdang Bedagai sebab lemahnya sistem eksekusi yang diatur di dalam undang-undang sehingga dapat menimbulkan ketidakpastian hukum.
Pancasila as the ideology and philosophy of the nation and state becomes a unifier and guides the motivation of the nation to achieve the ideals of realizing a life that upholds divinity, human values, unity, democracy, and justice. Elections are a means of democracy which is also one of the ideals of the Pancasila and is not just a slogan but must be implemented to avoid divisions within the country. However, in the year of general election which is commonly called the political year, it is not uncommon for conflicts to occur between the people which even result in conflicts in society caused by differences in choices and opinions between one another. The purpose of this study is to determine the implementation of Pancasila values and the protection and enforcement of the law in the implementation of elections in Indonesia. The research was conducted with a normative-descriptive approach by examining secondary data sourced from laws and regulations, books, expert views, articles/writings and other sources of material then compiled systematically and then analyzed qualitatively by assessing the effectiveness of its application. From the results of the study, it can be concluded the implementation Pancasila of the democracy in Indonesia is still very minimal, with the rise of identity politics issues in the implementation of elections which will have a bad impact on democracy in Indonesia to divide the sense of unity and diversity of the multiethnic Indonesian people, multicultural and multi-religious. In addition, law enforcement is also still less than optimal due to several factors such as imperfect regulations, the number of institutions involved in law enforcement and the short period of handling.
The Omnibus Law is often discussed and debated, especially in its implementation in Indonesia. Omnibus Law is considered as a solution to make legislation more efficient, Omnibus Law is something new in the formation of legislation in Indonesia. Previously, the Omnibus Law was often used in the common law legal system, and several civil law countries have also implemented the Omnibus Law. In this study, the authors examine the United States and the Philippines. The concept of the Omnibus Law is not only used for one type of law but has penetrated into other sectoral laws. In the Philippines, since 2003 the Omnibus Law has been enacted as a method for forming legislation. It is different from the United States, which has implemented the Omnibus Law since 1850. This research refers to a comparison of the Omnibus Law in the Philippines because the Philippines is a country in the Southeast Asia region just like Indonesia and adheres to a legal system that combines common law and civil law which does not very different from Indonesia, further comparison with the United States Omnibus Law, because the United States is also one of the countries that is the mecca of world law. This study uses normative legal research, using secondary data which is processed using qualitative techniques. This study uses a comparison of two countries which makes this research different from other research related to the Omnibus Law, with the aim of examining the position of the Omnibus Law in Indonesia and making comparisons with the United States and the Philippines.
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