Showing papers on "Constitution published in 2022"

The Federalist Papers

Abstract: The Federalist is widely considered to be one of the most influential political writings in the early United States. Consisting of eighty-five essays in total, the first seventy-seven essays were originally published in New York newspapers between October 1787 and April 1788, and the final eight appeared in the first collected edition of The Federalist in 1788, although they were later republished in New York newspapers as well. The Federalist was written collectively by Alexander Hamilton, James Madison, and John Jay to promote the ratification of the newly drafted Constitution. In keeping with the conventions of 18th-century public political debate, The Federalist was published under the pseudonym “Publius” to present its arguments to the public in anonymous terms, focusing attention on the content of the essays rather than the personal views or personalities of the authors. Although Hamilton, Madison, and Jay would not be formally identified as the authors of The Federalist until the publication of a notice in The Port-Folio on 14 November 1807, their collective authorship was widely known by the 1790s, and their reputations as respected statesmen and innovative political thinkers brought considerable attention and credibility to their arguments. Through the voice of Publius, The Federalist explains and defends the core principles and structure of the new government outlined within the Constitution, while also identifying the flaws and weaknesses of the Articles of Confederation. In doing so, The Federalist provides substantive critical and philosophical discussions of federal governance and its relationship to the principles of plural sovereignty, national unity, republican representation, citizenship, national security, commercial interests, and the separation of powers, all of which had a profound influence, not just on the ratification debates, but also on subsequent interpretations of constitutional language and authority, from the founding period to the present. While scholars have endlessly debated the political, historical, philosophical, literary, and cultural impact of The Federalist, these essays continue to serve as foundational texts for studying the politics and culture of the early United States, as well as contemporary interpretations and revisions of constitutional principles in legal, legislative, and cultural spheres.

The Anti-Oligarchy Constitution

Abstract: America has awakened to the threat of oligarchy. While inequality has been growing for decades, the Great Recession has made clear its social and political consequences: a narrowing of economic opportunity, a shrinking middle class, and an increasingly entrenched wealthy elite. There remains broad agreement that it is important to avoid oligarchy and build a robust middle class. But we have lost sight of the idea that these are constitutional principles.These principles are rooted in a tradition we have forgotten – one that this Article argues we ought to reclaim. Throughout the nineteenth and early twentieth centuries, generations of reformers responded to moments of mounting class inequality and crises in the nation’s opportunity structure with constitutional claims about equal opportunity. The gist of these arguments was that we cannot keep our constitutional democracy – our republican form of government – without constitutional restraints against oligarchy and a political economy that maintains a broad middle class, accessible to everyone. Extreme class inequality and oligarchic concentrations of power pose distinct constitutional problems, both in the economic sphere itself and because economic and political power are intertwined; a “moneyed aristocracy” or “economic royalists” may threaten the Constitution’s democratic foundations. This Article introduces the characteristic forms of these arguments about constitutional political economy and begins to tell the story of anti-oligarchy as a constitutional principle. It offers a series of snapshots in time, beginning with the distinctive political economy of the Jacksonian Democrats and their vision of equal protection. We then move forward to Populist constitutionalism, the Progressives, and the New Deal. The Constitution meant different things to these movements in their respective moments, but all understood the Constitution as including some form of commitment to a political economy in which power and opportunity were dispersed among the people rather than concentrated in the hands of a few. We conclude with a brief discussion of how this form of constitutional argument was lost, and what might be at stake in recovering it.

Affirmative Action in India via Vertical, Horizontal, and Overlapping Reservations

Abstract: Sanctioned by its constitution, India is home to the world's most comprehensive affirmative action program, where historically discriminated groups are protected with vertical reservations implemented as “set asides,” and other disadvantaged groups are protected with horizontal reservations implemented as “minimum guarantees.” A mechanism mandated by the Supreme Court in 1995 suffers from important anomalies, triggering countless litigations in India. Foretelling a recent reform correcting the flawed mechanism, we propose the 2SMG mechanism that resolves all anomalies, and characterize it with desiderata reflecting laws of India. Subsequently rediscovered with a high court judgment and enforced in Gujarat, 2SMG is also endorsed by Saurav Yadav v. State of UP (2020), in a Supreme Court ruling that rescinded the flawed mechanism. While not explicitly enforced, 2SMG is indirectly enforced for an important subclass of applications in India, because no other mechanism satisfies the new mandates of the Supreme Court.

State of the Art and Future Directions of Digital Twins for Production Logistics: A Systematic Literature Review

Abstract: Digital Twins (DTs) are widely discussed in the context of the Industry 4.0 paradigm as one of the main opportunities to strengthen the overall competitiveness of manufacturing enterprises. Despite a substantial scientific discussion, there is still no unified understanding regarding the constitution and subsequent usage of DTs within production logistics systems. Therefore, this paper focuses on the application of DTs in production logistics. The authors discuss common definitions, characteristics, and functionalities of DTs and outline current developments and implications from state-of-the-art implementation approaches, by using a systematic literature review. Moreover, based on the research findings, the authors evaluate a set of DT case studies, identify current research gaps, and present potential directions for future research initiatives regarding the field of production logistics in manufacturing enterprises.

ICD-11: Organizational and Legal, Medical and Pharmaceutical, Social and Economic Issues of Implementation of the Program of State Guarantees of Medical Care in 2022 in Ukraine, Based on The Fundamental Principles of the European Union

Abstract: The development of health care and the pharmaceutical industry is based on the principles of the Constitution of Ukraine, the fundamental principles of the European Union, the basics of medical and pharmaceutical law. The Ministry of Health of Ukraine and the National Health Service of Ukraine are responsible for the protection of human rights and freedoms, human life and health, patients, and the nation’s gene pool, as well as privileged categories of citizens. State institutions on the basis of the Constitution of Ukraine, Laws of Ukraine, regulations of Ukraine and Resolutions of the Cabinet of Ministers of Ukraine during the implementation of the "Program of Medical Guarantees" for 2022 decide organizational and legal, medical and pharmaceutical, social and economic issues of the program of state guarantees of medical care population in 2022 according to ICD-11.

On being a religiously tolerant Muslim: discursive contestations among pre-service teachers in contemporary Indonesia

Abstract: This study examines the constitution of religiously tolerant subjectivity among Indonesian Muslim pre-service teachers. Complementing existing studies in religious tolerance education which were ma...

On the interplay of syntax and prosody in the constitution of turn-constructional units and turns in conversation

Abstract: Preview this article: On the interplay of syntax and prosody in the constitution of turn-constructional units and turns in conversation, Page 1 of 1 < Previous page | Next page > /docserver/preview/fulltext/prag.6.3.06sel-1.gif

Overcoming the health systems' segmentation to achieve universal health coverage in Mexico.

Abstract: Health is a human right that everyone should be able to exercise. Yet health systems segmentation and fragmentation are a major challenge to advancing universal health coverage (UHC) and achieving health equity. Between 2019 and 2020, Mexico launched a profound restructuration of its health system claiming its aim was to attain UHC, free healthcare services and drugs and to combat corruption. We analyse the implications of the modifications of the Mexican Constitution and the dismantling of the Seguro Popular de Salud (Popular Health Insurance) in relation to segmentation. We argue that, instead of advancing towards UHC and equality, these changes reinforce inequalities and that transforming health systems must respect human rights.

Constitutional Religious Tolerance in Realizing the Protection of Human Rights in Indonesia

Abstract: Tolerance in the dynamic of Indonesian society and socio-cultural diversity is necessary. It is crucial to examine constitutional regulations as the highest fundamental law. The government has issued various regulations, but the critical question is whether these regulations protect religious freedom. This study aims to figure out how the law of religious tolerance ruled in the Constitution of the Republic of Indonesia/ Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. This research is a type of normative research by describing, analyzing, and describing the constitutional arrangement of religious tolerance as a form of protection of human rights in Indonesia. The approach used is legal by tracing all relevant laws and regulations. The data collection technique used in this study is a library research technique, which is a data collection technique by reviewing journals, rules, regulations, and other related materials related to the law of religious tolerance in Indonesia. The results showed that religious tolerance is a form of protection for human rights recognized in Indonesia as a country with diversity. Tolerance is one of the keys to religious harmony based on mutual understanding and respect as human beings.

The anthropology of infrastructure

Abstract: This article engages with the constitution of the anthropology of infrastructure as an autonomous subdiscipline. Rather than laboring in the service of demarcating a new field of study, anthropologists, I argue, should strive for a critical deconstruction of the contemporary infrastructural moment. In the first part of the article, I engage with the arguments in favor of infrastructure as an analytical lens by focusing on their treatment of relationality and materiality. I pinpoint the limitations of these approaches and argue that their epistemological and theoretical assumptions blunt the critical potential of anthropological studies of infrastructure. The second part of the article looks at theoretical alliances that favor connecting the anthropological study of infrastructure with a critical analysis of the production of nature and the built environment.

President’s Power, Transition, and Good Governance

Abstract:

This study aims to analyze the President's power and the threat attached to it during the transition of the inter-election period and the concept of the legal framework in Indonesia's legal system. It also provides the need to be performed in the future to ensure that the President does not abuse this power. The matter raises a series of problems regarding the government's authority during the election transition period. This research will provide comparative studies with Ghana, Liberia, and the United States to understand the President's power in the Indonesian constitutional system. This research was conducted using doctrinal research methods, or normative legal research. In reviewing a legal issue, a doctrinal research method analyzes positive law, related cases, and other relevant references. The results showed that the President's power during the election transition period needs to be regulated in the constitution. Furthermore, the arrangement has to be enforced technically in the form of a presidential transition law.

How Viktor Orbán Wins

Abstract: Abstract:On 3 April 2022, Viktor Orbán won his fourth straight election with his fourth straight supermajority in parliament that allows him to amend the constitution at will. This essay traces how he managed to do that. Orbán's skillful use of the war in Ukraine and his major expansion of social benefits right before the election were important in that victory. But even more crucial were the rules of the game that Orbán established after his election victory in 2010, rules that have been constantly modified as the opposition has tried to work around the barriers that those rules erected. Hungary has already been demoted from democracy to autocracy by all democracy raters. This essay shows precisely why those rankings are right. As long as Orbán retains complete control over the rules that govern elections, he can remain in power indefinitely.

OUP accepted manuscript

Abstract: South Africa’s constitution is among the world’s most ambitious in promoting gender equality, but the country continues to be marked by inequality and gender-based violence. Given this context, we analyze 43 interviews with Black women aged 18–55 in rural South Africa to explore how the constitutional ideal of gender equality—or “50/50”—has been interpreted and applied in women’s intimate relationships. Overall, we found that inequality and gender hierarchy were common in relationships. Women relied on two logics to explain the persistence of inequality in their relationships. First, women offered ideological support for gender norms supporting hierarchy by linking 50/50 to the abandonment of culture, tradition, and respect. Second, women viewed reaffirmation of gender inequality within relationships as a pragmatic way to avoid men’s violence and infidelity, thus protecting women from abandonment and HIV. Women’s views about equality in relationships were shaped by dominant gender norms, precarity in the local political economy, and the risks of violence and HIV/AIDS. Our findings expand theories of social change by highlighting how longstanding social norms, but also local political-economic and health conditions can influence views of equality and, ultimately, the local adoption or dismissal of international standards of rights and equality.

Prospective green constitution in new and renewable energy regulation

Abstract: The format for regulating new and renewable energy in the draft law on new and renewable energy in Indonesia still contains many polemics and problems. This is motivated by various problems of conception and substance in it, such as misconceptions about nomenclature, problems with institutional formats, licensing problems, and the accommodation of nuclear energy. This paper aims to analyze the potential impacts and prospects of energy using a green constitution point of view. This study used normative juridical research with a statutory and conceptual approach. The results show that the environment is the dominant entity affected by energy management and utilization activities, both fossil energy and new renewable energy with different potential impacts. The prospect of a green constitution has been contained in the draft law on new and renewable energy, but it cannot be realized optimally because transition policies in Indonesia still have dual orientations and overlapping arrangements. The principles of a green constitution can be a guiding concept and norm for the format of regulation and implementation of the use and utilization of new and renewable energy so that it is in line with the values ​​of environmental protection and preservation.

Using global research on ventilation and airborne infection control for impacting public policy through the Indian Judiciary

Abstract: This paper aims to bring to light the need, with an example, for the intervention of the government agencies in developing regulations for ventilation in buildings to prevent airborne diseases. The authors have highlighted the missing areas in the current regulations in India and prepared a public interest litigation. This plea was filed in the Delhi High Court, and the court responded positively and instructed the authorities to treat the plea as a representation and work out solutions to the problem. In India, the right to a healthy environment has become a Fundamental Right under Article 21 of the Indian Constitution. The petitioners, as researchers in the area themselves, send the message of immediate public intervention through their research, especially if it is an area of urgent attention. This piece is written to encourage researchers across the world to become active in making sure their research is put into action.

The Ontology of Technology Beyond Anthropocentrism and Determinism: The Role of Technologies in the Constitution of the (post)Anthropocene World

Abstract: Abstract Because climate change can be seen as the blind spot of contemporary philosophy of technology, while the destructive side effects of technological progress are no longer deniable, this article reflects on the role of technologies in the constitution of the (post)Anthropocene world. Our first hypothesis is that humanity is not the primary agent involved in world-production, but concrete technologies. Our second hypothesis is that technological inventions at an ontic level have an ontological impact and constitutes world. As we object to classical philosophers of technology like Ihde and Heidegger, we will sketch the progressive contribution of our conceptuality to understand the role of technology in the Anthropocene world. Our third hypothesis is that technology has emancipatory potential and in this respect, can inaugurate a post-Anthropocene World. We consider these three hypotheses to develop a philosophical account of the ontology of technology beyond an abstract and deterministic understanding. This concept enables us to philosophically reflect on the role of technology in the Anthropocene World in general, and its contribution to the transition to the post-Anthropocene World in particular.

Hume on the Nature of Morality

Abstract: David Hume's moral system involves considerations that seem at odds with one another. He insists on the reality of moral distinctions, while showing that they are founded on the human constitution. He notes the importance to morality of the consequences of actions, while emphasizing that motives are the subjects of moral judgments. He appeals to facts about human psychology as the basis for an argument that morality is founded, not on reason, but on sentiment. Yet, he insists that no “ought” can follow from an “is.” He thinks that our motivation to justice must derive from our nature. Yet, he wonders how to explain why anyone would be motivated to follow rules when doing so does not further their personal interests. As an empiricist, his approach is descriptive, yet morality is prescriptive. This Element addresses these puzzles in Hume's moral theory, with reference to historical and contemporary discussions.

Consuming geopolitics and feeling maritime territoriality: The case of China's patriotic tourism in the South China Sea

Abstract: This paper develops the concept of territorial socialisation and explores the process and effect of tourism in China's maritime territorialisation of the South China Sea. The research demonstrates the mutual constitution of tourism and territorialisation and suggests that tourism is playing an increasingly important role in everyday contexts to socialise individuals into national-territorial thinking. However, tourism alone does not decidedly stoke strong territorial nationalism, instead it produces uneven bordering or territorialisation effects at the personal level. Tourism practices, tourist agency, and the distinct wet ontology of the sea complicate the state maritime territorialisation process. The research also shows that the Chinese tourists are pragmatic, calculative geopolitical actors. Their geopolitical experiences through tourism are connected to, and embedded in, the broad geopolitical realities of China's rising and unjust international orders, while informed by official territorial rhetoric and traditional political culture.

Problems of Democratic and Dignified Election in Indonesian Simultaneously Electoral Era

Abstract: This research was motivated by the section material in Act No. 7 of 2017 concerning General Election that not arranged in a structured, systematic and massive, so it appears the section material that overlaps with Constitutional Court and the Constitution of 1945. The purpose of this study is to analyze the problems of simultaneous elections in 2019 in order to bring democracy with dignity and integrity in the next election. The research type is a literature study. This research uses laws and conceptual approach. The main data of this study is obtained from primary and secondary law materials. The result showed that the problems in the section material of Electoral Lawimplicate to the practice, namely the chaos in updating of the voter list led to manipulation fraudulent of the voters list,10,520 polling stations had a shortage of election supplies, ballot boxes Voting Organizing Group received thatnot sealed as many as 6,474 polling stations, ballot papers that exchanged between Electoral District as many 3,411 Voting place and 527 Voting Organizing Group officer died and 11 239 sick.

How India's Ruling Party Erodes Democracy

Abstract: Abstract:India's democratic backsliding began with the rise to power of Narendra Modi and his Bharatiya Janata Party (BJP) in the 2014 elections. Five years later, the party won an even bigger parliamentary majority. The BJP now runs not only the central government, but also all but ten of the 28 states, whether on its own or allied with other parties. Though India has not regressed democratically by the criteria of electoral contestation and participation, it has failed to ensure that the rights of Muslims and other minorities are respected. It has also impaired freedom of expression and freedom of association. Electoral democracy is thus coming into conflict with the broader notion of democracy, electoral as well as nonelectoral, that India's 1950 Constitution enshrines.

Moderation religion in the era society 5.0 and multicultural society

Abstract: The government is mainstreaming the strengthening of religious moderation (MB), which is one of the national priority programs. Religious moderation is a perspective, attitude, and practice of religion in common life, by embodying the essence of religious teachings that protect human dignity and build the common good, based on the principles of fairness, balance, and obeying the constitution as a national agreement. People need to know that religious moderation is a way together, religious people, to protect Indonesia. Of course, they do not want to suffer the fate of their brothers and sisters in a country where people's lives are chaotic, and even their country is threatened with disbandment, due to socio-political conflicts with different religious interpretations. Therefore, multicultural society must learn from existing experiences. The purpose of this study is to describe moderation in religion in the era of society 5.0 and multicultural society: studies based on legal, religious, and social reviews. This research is a qualitative research with descriptive method. The approach used is a phenomenal approach, while the data collection technique uses observation, interviews, and distribution of questionnaires. Data is collected by collection and selection. The processed data is interpreted based on socio-multicultural techniques.

Изменения полномочий и положения Народного консультативного конгресса после внесения поправок в Конституцию Республики Индонезии (Shifting Authority and Position of the People's Consultative Assembly after the Amendment to the Constitution of the Republic of Indonesia)

Abstract: After the amendment to the 1945 Constitution, there was a shift in the authority and position of the People's Consultative Assembly of the Republic of Indonesia. Previously the MPR was the highest state institution, but after that it was only a high institution like other high state institutions. The position of the MPR when compared to the world parliament model, is similar to the Russian Federal Assembly or the Congress in the United States which is a joint institution between the upper house and lower house. But uniquely the MPR is different, it is not only a joint institution, but has the authority with its own duties and functions. This study uses a qualitative method, with a statutory and literature approach. The results of the study stated that there were several shifts in the authority and position of the MPR after the amendment to the 1945 Constitution. Among them were no longer being the highest state institution, only being a joint institution while still having its own duties and functions, not authorized to form the Outlines of State Policy, no longer authorized elect the president and vice president, and rigid authority to dismiss the president and vice president.Keywords: People's Consultative Assembly; Authority; position; The 1945 Constitution. Abstrak:Pasca perubahan Konstitusi UUD 1945 maka terjadi pergeseran kewenangan dan kedudukan Majelis Permusyawaratan Rakyat Republik Indonesia. Sebelumnya MPR menjadi lembaga tertinggi negara namun setelahnya ia hanyalah lembaga tinggi sebagaimana lembaga tinggi negara lainnya. Kedudukan MPR bila dibandingkan dengan model parlemen dunia, mirip dengan Majelis Federal Rusia atau Konggres di Amerika Serika yang menjadi lembaga gabungan antara majelis tinggi dan majelis rendah. Namun uniknya MPR berbeda, ia tidak hanya menjadi lembaga gabungan, tetapi memiliki kewenangan dengan tugas dan fungsi tersendiri. Penelitian ini menggunakan metode kualitatif, dengan pendekatan perundang-undangan dan literature. Hasil penelitian menyatakan bahwa terjadi beberapa pergeseran wewenang dan kedudukan MPR pasca perubahan UUD 1945. Diantaranya adalah tidak lagi menjadi lembaga tertinggi negara, hanya menjadi lembaga gabungan dengan tetap memilik tugas dan fungsi tersendiri, tidak berwenang membentuk Garis-Garis Besar Haluan Negara, tidak lagi berwenang memilih presiden dan wakil presiden, dan kewenangan rigid dalam memberhentikan presiden dan wakil presiden.Kata Kunci: Majelis Permusyawaratan Rakyat; Kewenangan; Kedudukan; Konstitusi UUD 1945.

The Role of “Resources” in Regime Durability in Laos

Abstract: This article argues the Lao People’s Democratic Republic, or Laos, draws upon three key types of “resources” in consolidating regime durability. Intentionally broad, our conception of resources encompasses not just natural resources managed by the state on behalf of the national community, but also the ideological and institutional resources that underpin the Lao People’s Revolutionary Party (LPRP) program of industrial resourcification and modernization. Our argument focuses on the mutual constitution and coproduction of natural, ideological, and institutional regime resources using a triptychal model to understand their integrative contribution to regime durability in Laos. This approach illuminates an evolving and pragmatic form of “statist market socialism” that contrasts with the common view of Laos as an aspiring if imperfect market-based developing economy. After defining statist market socialism and the regime’s three key resources, the article presents a case study from Laos’ strategic hydropower sector, to demonstrate how the triptych of regime resources combine in practice to support and sustain LPRP rule.

The Federal Contract

Abstract: Federalism is a very familiar form of government, deployed by constitution-makers to manage diverse polities at various key stages in the history of the modern state. Despite its pervasiveness in practice, federalism has been strangely neglected by constitutional theory, tending to be subsumed within one default account of modern constitutionalism or treated as an exotic outlier—a sui generis model of the state rather than a form of constitutional ordering for the state. This neglect is both unsatisfactory in conceptual terms and problematic for constitutional practitioners, obscuring the core meaning, purpose, and applicability of federalism as a specific model of constitutionalism with which to organise territorially pluralised and demotically complex states. In fact, the federal contract represents a highly distinctive order of rule which requires a particular, ‘territorialised’ approach to core constitutional concepts: constituent power, the nature of sovereignty, subjecthood and citizenship, the relationship between institutions and constitutional authority, patterns of constitutional change, and ultimately the legitimacy link between constitutionalism and democracy. In rethinking the idea and practice of federalism, this book adopts a root and branch recalibration of the federal contract. It does so by analysing federalism through the conceptual categories which characterise the nature of modern constitutionalism: Foundations, Authority, Subjecthood, Purpose, Design, and Dynamics. This approach seeks to explain and in so doing revitalise federalism as a discrete, capacious, and adaptable concept of rule that can be deployed imaginatively to facilitate the deep territorial variety of so many states in the twenty-first century.

The mutual constitution of culture and psyche: The bidirectional relationship between individuals' perceived control and cultural tightness-looseness.

Abstract: According to the theory of mutual constitution of culture and psyche, just as culture shapes people, individuals' psychological states can influence culture. We build on compensatory control theory, which suggests that low personal control can lead people to prefer societal systems that impose order, to examine the mutual constitution of personal control and cultural tightness. Specifically, we tested whether individuals' lack of personal control increases their preference for tighter cultures as a means of restoring order and predictability, and whether tighter cultures in turn reduce people's feelings of personal control. Seven studies (five preregistered) with participants from the United States, Singapore, and China examine this cycle of mutual constitution. Specifically, documenting the correlational link between person and culture, we found that Americans lower on personal control preferred to live in tighter states (Study 1). Chinese employees lower on personal control also desired more structure and preferred a tighter organizational culture (Study 2). Employing an experimental causal chain design, Studies 3-5 provided causal evidence for our claim that lack of control increases desire for tighter cultures via the need for structure. Finally, tracing the link back from culture to person, Studies 6a and 6b found that whereas tighter cultures decreased perceptions of individual personal control, they increased people's sense of collective control. Overall, the findings document the process of mutual constitution of culture and psyche: lack of personal control leads people to seek more structured, tighter cultures, and that tighter cultures, in turn, decrease people's sense of personal control but increase their sense of collective control. (PsycInfo Database Record (c) 2022 APA, all rights reserved).

Analysis of the Juridical Protection of the Most Traditional Health Laws in the Perspective of the Law of the Republic of Indonesia Number 36 of 2009 Concerning Health

Abstract: Abstract: In accordance with the ideals of the Indonesian people as referred to in Pancasila and the Preamble of the 1945 Constitution of the Republic of Indonesia that health is a human right and one of the elements of welfare that the state must realize. The government as the holder of the highest power has the authority to achieve the highest possible health status for the community by carrying out comprehensive integrated health efforts. The results showed that Law Number 36 Year 2009 concerning Health has not fully provided legal protection for traditional health service business actors, namely traditional health workers and for traditional health service consumers, namely patients / clients. The hope is that the government should does special legislation regulating traditional health services specifically because traditional health services are currently increasingly diverse in treatment techniques and the more trusted by the Indonesian people.

Constitutionality of monitoring and evaluation of regional regulation drafts and regional regulations by Regional Representative Council

Abstract: This research examines the constitutionality and legal implications of the DPD's new powers and duties in monitoring and evaluating regional regulation drafts in terms of the function of the DPD. The research method uses a normative approach and qualitative descriptive analysis. The results of the research show that the addition of the authority and duties of the DPD to carry out monitoring and evaluation constitutionally has no legal basis so the arrangement can be deemed unconstitutional. On the other hand, if the new authority arrangement for the DPD is seen as not contrary to the Constitution, then this will set a precedent so that the addition of the authority of the Regional Representatives Council is not only within the purview of supervision but it can also be carried out within that of legislation, without making changes to the constitution and simply through the Law. In terms of the legal implications of the authority and a new task of DPD to set the scope of monitoring and evaluation, monitoring and evaluation models, and overlapping authorities to conduct monitoring and evaluation with those in the Central Government, DPD cannot give any follow-up to monitoring results. Thus, restructuring the tasks and authority of the DPD in the constitution and the statute is a must.

The Proliferation of Regional Regulation Cancellation in Indonesia

Abstract: The purpose of constitutional amendments is to grant the Supreme Court the authority to review laws and regulations in accordance with the law. However, the arrangement did not function optimally due to the government's persistent assumption of the authority to cancel Regional Regulations. In an era of regional autonomy, the purpose of this study is to examine the implementation of the ranking of laws and regulations regarding the repeal of regional legal products. This is a normative legal study utilizing secondary data. The results demonstrated that the concept of implementing the ranking of laws and regulations on the repeal of regional legal products during the era of regional autonomy was not carried out in accordance with the constitution and should have been limited while it was still in the form of draft regional regulations.