Pada 16 Agustus 2019, Presiden Republik Indonesia menyampaikan pidato kenegaraan tentang pemindahan ibu kota Indonesia. Lokasi ibu kota baru juga telah ditetapkan oleh Presiden RI. Penetapan tersebut mendahului pengkajian hukumnya termasuk pembentukan dasar hukum penetapan ibu kota baru. Penelitian ini akan membahas mengenai konsep ibu kota di Indonesia baik dengan membandingkan diluar negeri maupun membahas dalam perspektif sejarah konstitusi di Indonesia. Penelitian ini juga membahas mengenai kewenangan Presiden dalam melakukan pemindahan dan penetapan ibu kota.Penelitian ini merupakan penelitian hukum berupa doctrinal research dengan Pendekatan yang dipergunakan dalam penelitian ini adalah pendekatan konseptual, pendekatan peraturan perundang-undangan dan pendekatan constitutional historis.Hasil penelitian menjelaskan bahwa konsep ibu kota di Indonesia berbeda dengan di negara lain, seperti di Belanda dan di Malaysia yang memisahkan antara ibu kota dan pusat pemerintahan. Selain itu, disimpulkan bahwa secara konstitusional, Presiden RI tidak mempunyai kewenangan mutlak dalam memindahkan ibu kota. Presiden mempunyai kekuasaan untuk mengajukan usul pemindahan ibu kota untuk selanjutnya harus dibahas bersama dan mendapatkan persetujuan dari parlemen.In 16 August 2019, the President of Republic of Indonesia gave speech on an idea of the translocation of the Indonesian capital city. The new capital city has also already decided by the President. The decision is made before the legal analysis including the legal basis of the decision to have new capital city. This paper will discuss the concept of the capital city from general- legal perspective to comparative perspective. This paper also discuss on how the concept of capital city is developed in Indonesia from the historical constitutional perspective. It will also analyze the presidential authority on the idea of proposing and deciding the translocation of the capital city. The argument in this paper is written as a legal argument by having perspective on the doctrinal-legal approach. It will use conceptual approach, legal and statutes approach and constitutional history approach. This paper ends up with the conclusion that the concept of the Indonesian capital city is different from the concept of the capital city in other countries, such as the Netherlands and Malaysia. In both countries, the concept of capital city is separated from the concept of government city, which is as the city center for governmental affairs. Besides, it is concluded that based on the Indonesian Constitution, the President of Republic of Indonesia has no absolute authority on the issue of translocation of the capital city. The President of Republic of Indonesia may have the power to propose the translocation of the capital city but there shall be further process of joint discussion and joint approval by the President and the DPR.
The 2019 presidential and vice presidential elections in Indonesia had complicated issues, including broken ballots, multiple voter lists, not registered as permanent voters, political money, transparency, administrative violations, electoral penalties, and high white numbers. These problems indicate that the values contained in the concept of good governance are not implemented in the election process. To analyze the issues, this paper uses normative method. The method is by analyzing the Laws. Especially when related to aspects of law enforcement in the principles of administrative law in good governance. This method will be formulated for implementing good governance in the election process. The results of the analysis have who that the electoral justice is very important to be achieved in the presidential election in Indonesia. the presidential system is in order to strengthen the presidential election. However, the presidential election as one of the recruitment in the Presidential in Indonesia system in election is against justice because do not use a good governance in election process. It is not supporting the electoral justice. Results of previous elections in Indonesia, it was found that the values of good governance have not been well implemented in all stages of the election, both in the pre-election stage, the election process until post-election. Especially when related to aspects of law principle in election. this research will be formulated with good governance system for implemented in election process. The paper will be socialized and implemented in the holding of presidential system election in Indonesia.
The rule of law sets as an important principle entrenched in the Constitution of Malaysia and Indonesia. This principle stand as a guardian against abuse of power by the government as nobody shall be above the law. This paper examines the practices of the executive power relating to decision-making policy, execution of power and enforcement activities in Malaysia and Indonesia. It also analyses how the executive branch perfoms the powers in accordance to the rule of law. It mainly focuses on the institutional framework of the head of the government and head of state. The analysis allows for identifications of issues and proposals on the enhancement of the executive branch in both countries that would increase the quality of state administration as well as promoting the rule of law. The study adopts a normative method where the fundamental discussions are based on normative approach with content analysis approach on the constitutional and legal provisions, legal cases, circular and directive. The data acquired through doctrinal study is supported by semi-structured interviews with respondents that have been selected through purposive approach. This article concludes that the executive branch plays important roles in promoting the rule of law in both countries. The Constitution, in this case, provides constitutional limitation for the institutional branch of the executive to perform its powers. In the age of rule of law, the executive powers has to be limited. There is no power without limits. The laws has to provide a clear legal direction and reliable mechanism of checks and balances to govern the exercise of the executive powers.
Judicial review is the power of court to revise the decision and act of the administrative power and legislative action which had acted in exceeds of their power. However, interpretation of 'exceeding their power' may differ from one case to another to which the courts are given the discretionary power to decide. This leave uncertainty on the interpretation of the judiciary power to review and may lead to the collapse of the rule of check and balance and the concept of good governance. This study aims to examine the principles and approaches adopted in the judicial review process in Malaysia. These concepts and theories serve as the threshold to the cases of judicial review in Malaysia. The study adopts a qualitative method utilising doctrinal and case study. Analysing cases decided by the Malaysian court on Judicial Review forms a major part of the data analysis. The study found that the Malaysian judiciary has made significant efforts to preserve the rule of law, protect the fundamental rights of the people, and uphold the good governance concept through the function of judicial review. The principles of cases involving judicial review in Malaysia have served as a guideline in describing the rules and restrictions that a judge should follow when exercising the judicial review function. The findings of the study may form a summarised development of judicial review in Malaysia that may be referred to by the policymakers, academicians, and future researchers.
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