https://kajianhukum.janabadra.ac.id/index.php/kh/issue/feed 2025-11-30T00:00:00+00:00 Fransisca Romana Harjiyanti kajianhukum@janabadra.ac.id Open Journal Systems <p>Welcome to the official website of Kajian Hukum. Established in 2016, Kajian Hukum consistently aims to provide open access for research interests in forms of study motivation and global knowledge exchange. With the spirit of further proliferation of knowledge on the legal system in Indonesia to the wider communities, this website provides journal articles for free download. Our academic journal is a source of reference both from law academics and legal practitioner. </p> <p>Kajian Hukum is a double-blind review academic journal for Legal Studies published by Faculty of Law, Universitas Janabadra. Kajian Hukum contains several researches and reviews on selected disciplines within several branches of Legal Studies. In addition, Kajian Hukum also covers multiple studies on law in a broader sense. This journal is periodically published (in May and November), and the approved and ready-to-publish manuscripts will also be regularly published in the website (with early view). This journal only available in digital version.</p> <p>Kajian Hukum is published by Faculty of Law Universitas Janabadra Yogyakarta</p> <p> </p> <p>Please make you submission <a href="http://kajianhukum.janabadra.ac.id/index.php/kh/about/submissions"><span style="text-decoration: underline;"><strong>here</strong></span></a> and can find the journal template <a href="https://bit.ly/TemplateJKH2022"><span style="text-decoration: underline;"><strong>here</strong></span></a></p> https://kajianhukum.janabadra.ac.id/index.php/kh/article/view/74 2025-11-18T05:30:24+00:00 Ogie Nuggraha nuggrahaogie527@gmail.com Francisca Romana Harjiyatni sisca.rh@gmail.com Pudja Pramana KA pudjapramana@gmail.com

<p><em>This research aims to describe and explain the legal considerations of constitutional judges in decision number 90/PUU-XXI/2023 and to outline the implications of decision number 90/PUU-XXI/2023 for the position of the Constitutional Court as a negative legislator. This research uses normative legal research. The research approach uses a statutory approach and a case approach through the Constitutional Court decision Number 90/PUU-XXI/2023. This research is descriptive analytical, namely research that presents careful data about humans and the symptoms of a developing society and these facts are analyzed based on theories or legal principles that correlate with the legal events in question. This research was conducted based on secondary data sources, namely library materials such as official documents, statutory regulations, scientific works, books, articles and other documents/manuscripts related to the object of this research. The results of the research and discussion are related to the concept of open legal policy, which is often questioned by the Constitutional Court in several of its decisions, especially in decision 90/PUU-XXI/2023 which examines the constitutionality of Article 169 letter q of Law Number 7 of 2017 concerning General Elections. There has been a shift if you read carefully the legal considerations (ratio decidendi) of the constitutional judges in the decision. Then the formulation of the age limit was interpreted by the Constitutional Court as an open legal policy due to the technical nature of the procedure which is essentially not within the Constitutional Court's authority to decide.</em></p>

2025-11-01T00:00:00+00:00 Copyright (c) 2025 Kajian Hukum https://kajianhukum.janabadra.ac.id/index.php/kh/article/view/79 2025-11-28T03:33:21+00:00 Udiyo Basuki udiyo.basuki@uin-suka.ac.id

<p>The day after Indonesia proclaimed its independence on August 17, 1945, the Indonesian constitution, the <br />1945 Constitution, officially came into effect on August 18, 1945. Several of its provisions affirmed <br />Indonesia's status as a state based on law. The proclamation itself, meaning "the source of all things," <br />served as the source of the new legal order. Thus, both strengthened Indonesia's position as a state based <br />on law, with a new legal order and a unique concept of the rule of law: the Pancasila rule of law, a state <br />whose spirit of law enforcement is grounded in the values of Pancasila. Such law enforcement is crucial <br />given that the Pancasila state foundation, as formulated in the Preamble to the 1945 Constitution, serves <br />as a guideline for achieving the nation's goals. Achieving these goals becomes particularly urgent when <br />aligned with the spirit of welcoming Indonesia Emas 2045, which serves as a program and vision for <br />society, nation, and state.</p> <p> </p>

2025-11-01T00:00:00+00:00 Copyright (c) 2025 Kajian Hukum