This study attempts to elaborate the definition of the “open legal policy” concept which has stated by the Constitutional Court as the autonomy of the Law- making body whenever UUD 1945 as the constitution did not regulate particular substances of a Law that is being made. In order to prevent this autonomy leans toward arbitrariness, it is necessary to establish a model of review towards open legal policies. One feasable option that the Constitutional Court could adapt is the "maximin" strategy (selecting the best option in numbers of bad possibilities) which is developed from the rational choice approach.
Objectives Inflammatory bowel disease (IBD) is a medical condition that represents a pathological form of inflammation, causing damage to the colonic mucosa. Adjunctive vitamin D therapy may activate the Wnt/β-catenin pathway that results in cell differentiation and proliferation via stem cell signalling. This study aims to evaluate the effect of vitamin D on β-catenin and cytokeratin 20 (KRT20) as markers of Wnt pathway activation for colonic cell repair. Methods For the experiment, we used 30 musculus mice strains of BALB/c, which were categorised into five groups; the control group (K−) and four other groups, where colitis was induced by dextran sulphate sodium (DSS) for seven days. On the seventh day, the remaining three groups were administered vitamin D with an initial dose of 0.2 μg/25.0 g, 0.4 μg/25.0 g and 0.6 μg/25.0 g until day 14. An objective index of disease activity and a histological score were required as markers of inflammation to evaluate the results of the clinical trials. Results β-catenin and KRT20 showed a significant increase in the proliferation index of vitamin D at a dose of 0.6 μg/25.0 g (91.50 ± 4.09 and 48.75 ± 2.28, respectively; p < 0.05) compared to the colitis group. Conclusions This study demonstrates that vitamin D could be used as an induction agent of Wnt activation for healing colonic mucosa via multipotent stem cells.
Every effort of discovering the truth always faced with the possibility to slip. This possibility of slips also occurs in the Constitutional Court Decisions, specifically one which strongly related to material truth, such as in the decision related in dispute of local general election result. Based on that certainty, this paper attempts to study the problems that could arise whenever the Constitutional Court manage to discover the truth, while also tries to present alternatives in the attempt to repair the aforemention slips.
This paper lays out the method of interpretation used by the Indonesian Constitutional Court in inter-preting the articles within 1945 Indonesian Constitution, primarily in judicial reviews and disputes on the authority of state organ. Among the existing and mostly applied interpretation methods injurisprudence, the Court does not consider it self bound by a single method. The resort to variousinterpretation methods, dependent on the nature of the case at hand, indicates that the Court is progressiveand tends to favour contextual approach. Nonetheless, since the Court is composed of nine differentindividuals, the interpretation approach will largely depend on each Justice’s legal thought. Tulisan ini mencoba menelusuri metode tafsir yang dipergunakan oleh Mahkamah Konstitusi dalam menafsirkan ketentuan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, terutama dalamperkara pengujian undang-undang dan sengketa kewenangan lembaga negara. Dari beberapa metode tafsiryang ada dan lazim dipergunakan dalam bidang ilmu hukum, ternyata Mahkamah Konstitusi tidak mengikatdirinya pada satu metode tafsir saja. Penggunaan beberapa metode tafsir oleh Mahkamah Konstitusi secarabergantian, tergantung perkara yang dihadapi, menunjukkan sifat progresif dan pemahaman kontekstual.Namun karena Mahkamah Konstitusi adalah kumpulan dari sembilan individu hakim konstitusi makametode tafsir yang dipergunakan sangat tergantung pada kecenderungan dari masing-masing hakim.
In several verdicts of judicial review, the Constitutional Court formulates a concept of Open Legal Policy. The concept begins from a condition when a norm of law submitted to judicial review by the 1945 Constitution does not have reference in the 1945 Constitution. In other words, the open legal policy is a condition when the Constitutional Court cannot find any reference for the norm submitted to the judicial review. By using a construction method, this present research tries to find the meaning of a concept of open legal policy arranged by the Constitutional Court, then assessing whether the concept is in line with the spirit of judicial review. If the formulation of the concept done by the Constitutional Court has not been ideal, the deconstruction will be conducted toward the meaning that already exists until the open legal policy ideal with the perspective of the constitution is found. In this research, the finding shows different meaning of open legal policy between various verdicts of the Constitutional Court. Moreover, a new meaning is proposed including improvement of criteria of the open legal policy based on the difference between the object of regulation (what) and the content of the regulation (how).
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