Artikel ini berdasarkan hasil penelitian yang mengangkat permasalahan bagaimana pola penafsiran konstitusi putusan-putusan MK dalam perkara Pengujian Undang- Undang terhadap Undang-Undang Dasar. Sesuai dengan permasalahan yang diangkat, penelitian ini adalah penelitian doktrinal atau juga disebut sebagai penelitian normatif. Kesimpulan penelitian ini adalah; (1) tidak semua pertimbangan hukum putusan MK dalam perkara pengujian Undang-undang terhadap Undang-Undang Dasar memberikan penafsiran terhadap ketentuan UUD 1945 yang menjadi batu uji; (2) penafsiran yang digunakan dalam putusan MK pada umumnya adalah penafsiran originalis;(3) Hanya ada tiga putusan yang menggunakan penafsiran non originalis dengan pendekatan doktrin dan hukum alam, serta pendekatan etik; dan (4) tidak terdapat hubungan terpola antara metode penafsiran yang digunakan dengan bidang hukum ketentuan konstitusi maupun periodesasi hakim konstitusi.

Indonesia is neither a religious state nor a secular state. Based on the Pancasila state ideology and the 1945 Constitution, Indonesia adheres to a symbiotic model in which the state and religion are different entities but have a mutually influencing relationship. This relationship pattern can be seen from several laws that regulate issues related to religion, especially Islam, which is embraced by the majority of Indonesians. As a political product, the pattern of relations between the state and religion in the law is dynamic. However, in accordance with the principles of a democratic rule of law, the dynamics of democratic politics are controlled by legal instruments, one of which is through the authority to review laws as one of the powers of the Constitutional Court. The Constitutional Court’s decisions in cases of judicial review of laws related to religion reinforce the model of the symbiotic relationship between the state and religion. Such decisions affirmed Pancasila as a model of Indonesian secularity that is needed for the sake of individual rights and freedoms, to balance or reconcile religious diversity, social integration and national development, and the independent development of the functional domains of society.

This paper aims specifically to outline the norm validity in Article 181 paragraph (2)Chapter XIII of Act Number 11 of 2020 on Job Creation associated with the review model on regional regulations through judicial review. This act regulates the harmonization and synchronization of regional regulations carried out by the Government. Meanwhile, according to Article 24A paragraph (1) of the 1945 Constitution of the Republic of Indonesia, the authority to examine statutory regulations under the law against the law is in the hand of the Supreme Court through a judicial review mechanism. This is also confirmed by the Constitutional Court in its Decisions Number 137/PUU-XIII/2015 and Number 56/PUU-XIV/2016 regarding the norm cancellation of regional regulation review by the Government. The research method used was normative legal research. The analysis was carried out using a statutory approach and then analyzed based on the related legal theory. The result of this research was that the norms of Article 181 paragraph (2) Chapter XIII of Act Number 11 of 2020 on Job Creation is invalid. The mechanism concept for harmonization and synchronization of regional regulation carried out by the Government should be limited when it is still in the form of draft in order to actualize the legal certainty so that the law enforcement becomes more effective and efficient.

<p><em>This article will study whether original intent method able to find justice in constitution and formulate constitutional interpretation that will able to perform constitutional supremacy. This study uses a doctrinal approach or also referred to as the normative legal approach. The method taken in this writing is analysis descriptive which describes and analyses constitutional interpretation with original intent method. Formulating constitution interpretation which answers people dynamic but doesn’t lose its original constitutional intent. This research shows that Constitutional interpretation with original intent method can mean as an interpretation which assimilate the spirit of how the original written constitution was formulated when building UUD 1945, the opinion of constitution’s founders in their understanding on the purpose and the nation’s ground principals. Basically, All the rules must not contradict with constitution’s intention. The freedom of judges to decide is not freedom without limits. The limitations of judges' freedom of interpretation are Pancasila and the 1945 Constitution. Decisions made by judges must not conflict with Pancasila and the 1945 Constitution, constitutional judges have great power in interpreting the 1945 Constitution. This power is vulnerable to various interests which make the decisions of constitutional judges not objective. Accountability of decisions in public and academics should be a legal idea that can be realized, not to judge the verdict but to know the basis of interpretation and or legal discovery by constitutional judges</em></p>

Local governments have undergone various regulatory developments sinceIndonesia's independence 75 years ago. Various aspects underlying the development and changes in local government policies can be analyzed using several approaches, such as historical, philosophical, and sociological. This paper will discuss how the legal politics of the development of local government implementation, especially in terms of decentralization. Furthermore, the author will explain about the opportunities for implementing decentralization based on regional capacity to promote welfare of society. This research is normative juridical research using historical approach, conceptual approach, and legal approach. It can be said that the implementation and development of local government implementation is strongly influenced by various aspects other than the legal factor itself. Furthermore, there is still the possibility of implementing decentralization based on regional capacity as an effort to promote social welfare.