Ibnu Sina Chandranegara

Bio: Ibnu Sina Chandranegara is an academic researcher. The author has contributed to research in topics: Constitution & Politics. The author has an hindex of 3, co-authored 21 publications receiving 23 citations.

Purifikasi konstitusional sumber daya air indonesia

Abstract: Mahkamah Konstitusi (MK) kembali mengabulkan permohonan pengujian undang-undang yang diajukan oleh PP Muhammadiyah. Bila sebelumnya MK mengabulkan permohonan PP Muhammadiyah dalam pengujian UU Minyak dan Gas Bumi, dan UU Organisasi Kemasyarakatan, kali ini MK mengabulkan sekaligus membatalkan secara keseluruhan UU No. 7 Tahun 2004 tentang Sumber Daya Air (UU SDA). Sebelumnya lebih dari 3.000 pemohon mengajukan pengujian UU SDA pada tahun 2004-2005 namun ditolak oleh MK, namun permohonan yang diajukan oleh PP Muhammadiyah pada 2014-2015 dikabulkan MK. Dengan menggunakan metode penelitian hukum normatif, penelitian ini berupaya menemukan korelasi dan koherensi permasalahan konstitusionalitas antara pengujian pertama melalui putusan MK No. 058-059-060-063/PUU-II/2004 dan No. 008/PUU-III/2005 dengan pengujian kedua melalui No 85/PUU-XI/2013. Dibatalkannya UU SDA oleh MK membuka kembali lembaran baru perjuangan untuk melawan komodifikasi air yang terdapat dalam UU SDA yang dipengaruhi oleh kepentingan swastanisasi air yang dipromosikan oleh World Bank dan International Monetery Fund (IMF). Constitutional Court have granted a judicial review petition on Water Law which was filed by the PP Muhammadiyah. Whereas in the past, the Court has granted the petition of PP Muhammadiyah in testing the Oil and Gas Law and Community Organization Law, this time Constitutional Court grants as well as cancels Law number 7 Year 2004 regarding Water Resources (Water Resources Law). There were more than 3,000 applicants apply for judicial review on Water Law in 2004-2005 but rejected by the Constitutional Court, meanwhile petition which filed by the PP Muhammadiyah in 2014-2015 had been granted. By using the method of normative legal research, this study sought to find the correlation and coherence in constitutionality problems between the first test through Constitutional Court decision Number.058-059-060-063 / PUU-II / 2004 and Number. 008 / PUU-III / 2005 and the second test with Number. 85 / PUU-XI / 2013. Water Resources Law which is repealed by the Court had open a new chapter to fight against the commodification of water (regulated in Water Resources Law) which is influenced by the interests of privatization promoted by the World Bank and the International Monetary Fund.

Architecture of Indonesia's Checks and Balances

Abstract: Research on "checks and balances" in legal studies often raises high quality questions such as, is the checks and balances a doctrine, principle, or legal theory, or maybe precisely the formula of power in politics. History has been recorded that in any discussions regarding the formation of the constitutional separation, division and smelting power is something that is popular to be discussed before and even after becoming the constitution. Therefore, the casting of checks and balances into the constitution is an interesting study to determine the portion and posture. This study used using legal normative methodology. In addition, comparative studies on constitution was conducted using classic and modern constitutional law literature. Several approaches were used on this research such as, historical, political, economical approach on understanding the practice on checks and balance which stated in constitutions in some countries.

Kompabilitas Penggunaan Metode Omnibus Dalam Pembentukan Undang-Undang

Abstract: Each legal system has its own theory of statutory formation, both countries that apply civil law and common law legal systems. The tendency to form laws in Indonesia after the realization of the need for regulatory reform has resulted in a growing awareness of making breakthroughs by using the omnibus method which is generally applicable in countries that apply the common law system. The question is whether this method is suitable to be adopted into the legal system of Indonesia? This article intends to examine the compatibility of the omnibus method and the solutions that need to be used to overcome its compatibility problems. This research concludes that if Indonesia is to adopt the omnibus method, it also requires a consolidation method before and after the enactment of legislation with the omnibus method, this is intended to consolidate it with the affected legislation.

Bentuk-Bentuk Perampingan dan Harmonisasi Regulasi

Abstract: Since the reformation era, the number of laws and regulations has continued to increase. In the period 2000-2017 there have been 35,901 regulations. The highest number is Regional Regulation (Perda), which has reached 14,225 Perda. Followed by Ministerial Regulation (Permen) as many as 11,873 regulations. While on the third place, sit 3,163 non-ministerial regulations. This research has the main objective of finding the best alternative policy to simplify and rearrange the regulations as an agenda for the law reform. This is a normative juridical research. The data used are secondary data that includes primary and secondary legal material in the form of relevant laws and regulations used as samples as examples of regulations that are out of sync, incoherent, and potentially overlapping. The results concluded that the arrangement of the regulations can be carried out on three sectors, which are the simplification of regulations, reconceptualization in order to understand the regulatory requirements, and creating synergies amongst the the law-makers.

Defining Judicial Independence and Accountability Post Political Transition

Abstract: Indonesian constitutional reform after the fall of Soeharto’s New Order brings favorable direction for the judiciary. Constitutional guarantee of judicial independence as regulated in Art 24 (1) of the 1945 Constitution, has closed dark memories in the past. This article decides that the Judiciary is held by the Supreme Court and the judicial bodies below and a Constitutional Court. Such a strict direction of regulation plus the transformation of the political system in a democratic direction should bring about the implementation of the independent and autonomous judiciary. But in reality, even though in a democratic political system and constitutional arrangement affirms the guarantee of independence, but it doesn’t represent the actual situation. There are some problems that remain, such as (i) the absence of a permanent format regarding the institutional relationship between the Supreme Court, the Constitutional Court, and the Judicial Commission, and (ii) still many efforts to weaken judiciary through different ways such criminalization of judge. Referring to the problem above, then there are gaps between what "is" and what "ought", among others. First, by changing political configuration that tends to be more democratic, the judiciary should be more autonomous. In this context, various problems arise such as (i) disharmony in regulating the pattern of relations between judicial power actors, (ii) various attempts to criminalize judges over their decisions, and (iii) judicial corruption. Second, by the constitutional guarantee of the independence of the judiciary, there will be no legislation that that may reduce constitutional guarantee. However, there are many legislation or regulations that still not in line with a constitutional guarantee concerning judicial independence. This paper reviews and describes in-depth about how to implement constitutional guarantees of judicial independence after the political transition and conceptualize its order to strengthen rule of law in Indonesia

The Third Wave

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General Theory of Law and State. By Hans Kelsen. Translated by Wedberg Anders. Cambridge: Harvard University Press (Twentieth Century Legal Philosophy Series: Vol. I); 1945. Pp. xxxiii, 516. Appendix. Index. $6.00.

Abstract: The single article by M. Fryde on modern corporations is largely devoted to explanation of the Berle and Means thesis on the control of modern corporations and the supporting findings of the T.N.E.C. The author compares this point of view to that of James Burnham to the latter's disadvantage. Although this is by no means an original approach, supporting conclusions by some French and German writers not always available in translation give this article some value. The article on Andrew Wolan by C. Jarra is the only one that provides something new for the American or English reader. Wolan was evidently a leading writer and politician in the Calvinist movement in Eastern Europe, although it is not clear what his writings and leadership contributed to modern Poland. On the whole, this volume suffers from a lack of integration or plan. In addition, no subject touched upon was explored with any high degree of thoroughness. Finally, the prefatory note that \"the authors . . . do not necessarily represent the views of the Association,\" seems somewhat futile since very few distinct points of view are expressed. This latter omission, though regrettable, was perhaps deliberate and is understandable.

Constitutional Court of the Republic of Indonesia: Does the Ultra Petita Principle Reflect the Truth of Law?

Abstract: Constitutional Court is one of the conductors in Indonesia’s judicial power as regulated by Article 24 (2) and Article 24C (1) through (6) of the 1945 Constitution of the Republic of Indonesia, that adjudicates at the first and last levels whose decision is final including in the context of judicial review in the Constitutional Court. The provisions of H.I.R. and R.Bg. firmly reflect one of the principles in the civil procedural law, namely ultra petita, that represent judges prohibition from making decisions beyond what is requested. However, the practice in the Constitutional Court found several Constitutional Court Decisions classified as ultra petita decisions so that there is an academic step to justify the existence of Constitutional Court ruling that determine as ultra petita decisions. This study aims to find the justification of the Constitutional Court in deciding ultra petita through a philosophical, theoretical and legal dogmatic perspective. This study used a normative legal method with the conceptual approach, case studies approach, and legislation or statutory approach. This study shows that based on characteristics of cases under the authority of the Constitutional Court, it cannot be said that the prohibition of ultra petita can be applied to justice in the Constitutional Court, both from a philosophical, theoretical, and legal dogmatic based on several Constitutional Court Decision.