Kekuatan Mengikat Putusan Pengujian Undang-Undang Oleh Mahkamah Kostitusi Terhadap Putusan Pengujian Peraturan Perundang-Undangan Oleh Mahkamah Agung

Setiawan, Andri; Antikowati,; Anggono, Bayu Dwi

doi:10.54629/jli.v18i1.796

Cited by 3 publications

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“…Based on the provisions of Article 47 of the Republic of Indonesia Law Number 24 of 2003 concerning the Constitutional Court which was amended several times, most recently with the Republic of Indonesia Law Number 7 of 2020 concerning the Third Amendment to the Republic of Indonesia Law Number 24 of 2003 concerning the Constitutional Court (hereinafter referred to as The Constitutional Court Law) confirms that the Constitutional Court's decision has permanent legal force since it was pronounced in a plenary session open to the public. Furthermore, in the explanation of Article 10 Paragraph (1) of the Constitutional Court Law, it is emphasized that the decision of the Constitutional Court is final, that is, the decision of the Constitutional Court immediately obtains permanent legal force from the moment it is pronounced and no legal action can be taken (Setiawan et al, 2021).…”

Section: Introductionmentioning

confidence: 99%

The Legal Power of the Constitutional Court Decisions Remains

Suandika,

Usfunan,

Palguna

et al. 2023

JOSR

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Issues relating to granting permanent legal force to decisions of the constitutional court immediately after they are pronounced in a plenary session open to the public are important to research for several reasons Firstly, it is very important for us to know the rationale for granting permanent legal force to decisions of the constitutional court given immediately after completion. pronounced in a public meeting open to the public. Second, understanding the permanent legal force of constitutional court decisions is also related to the question of why it is not possible to have legal efforts to correct constitutional court decisions if errors occur in terms of achieving legal certainty. Based on this, the question also arises as to whether the constitutional court's decision regarding this error will continue or not. Third, it is related to whether the legislator (positive legislator) can override the decision of the constitutional court. What is the rationale underlying the granting of permanent legal force to a Constitutional Court decision from the moment it is pronounced in a session open to the public? This research is normative legal research because there is a legal vacuum if the constitutional court's decision is contrary to the spirit of the 1945 Constitution. The importance of immediacy in granting permanent character to the constitutional court's decision, if viewed from the law in book aspect, is indeed the best choice. This is based on the following reasons. First, the Constitutional Court was formed to protect the purity of the Constitution with a more detailed interpretation. This interpretation will be used as a basis for resolving problems by certain authorities who are given direct authority by the Constitution. Therefore, it is appropriate that the interpretation is only carried out once, which is binding so that the decision must be placed at the first and final level where no effort can be made to cancel it. Second, apart from that, it must also be understood that the constitutional court as a constitutional court can resolve problems and provide legal certainty quickly by the principles of fast and simple justice.

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Section: Introductionmentioning

confidence: 99%

The Legal Power of the Constitutional Court Decisions Remains

Suandika,

Usfunan,

Palguna

et al. 2023

JOSR

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show abstract

“…Terkait kajian yang ada tentu menarik untuk dibahas, hal itu dikarenakan secara normatif putusan Mahkamah bersifat final dan sebagai upaya pertama (the first resort) sekaligus upaya terakhir (the last resort) bagi para pencari keadilan, maka tidak terdapat pilihan tentunya untuk melaksankan putusan Mahkmah Konstitusi. 33 Namun yang menjadi permasalahan adalah tidak terdapat landasan yuridis bagi hakim konstitusi untuk menjatuhkan putusan yang bersifat mengatur dan memerintahkan lembaga legislatif untuk menindaklanjuti putusan positive legislature.…”

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Positive Legislature Decisions by the Constitutional Court

Efendi,

Muhtadi,

Saleh

2023

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The shift in the role of the Constitutional Court, which has tended tobecome a positive legislator in the last 11 years, began with the existenceof Constitutional Court Decision Number 48/PUU-IX/2011, which, in itsessence, eliminated the limitations on the role of constitutional judges inrendering decisions with a regulatory nature. Consequently, in the last11 years, out of 198 accepted decisions, 107 positive legislative decisionswere identified, and when presented, these positive legislative decisionsconstituted a majority of 54% of the total decisions. The practice ofpositive legislation itself appears to be ineffective, primarily due tothe fact that out of the total 107 decisions, only 26 decisions wereimplemented by the addressees of the decisions. Through normativejuridical research using a statute approach and conceptual approach,this study is focused on understanding why the practice of positivelegislation is not optimal. This is because there is no legal basis, it doesnot fall within the Constitutional Court’s domain to decide cases witha regulatory nature, and there is no obligation for the addressees ofthe decisions to implement positive legislative decisions.

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Restorative Justice Arrangements in the Indonesian Criminal Justice System: A Contribution of Thoughts

Wahid

2021

Rechtsidee

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The criminal justice system has an orientation to involve various components to prevent the occurrence of criminal acts. In the practice of criminal law, the idea of restorative justice has emerged in the practice of law in Indonesia. This study aims to initiate the regulation of restorative justice in the Criminal Procedure Code as part of the criminal justice system's development. This research is normative legal research oriented to the study and analysis of positive law. This study examines the legal issue, namely the legal vacuum in the regulation of restorative justice in the Criminal Procedure Code. The study results confirm that restorative justice is part of the criminal justice system, especially in the aspect of the criminal justice system process, which effectively and efficiently strengthens the orientation of the legal process effectively and efficiently in criminal law enforcement. In this context, restorative justice is part of the development of legal theory and practice and an effort to revive the value of local wisdom in Indonesian criminal law. The Ius constituendum or future arrangements related to restorative justice in the Criminal Procedure Code need to be carried out so that the Criminal Procedure Code can guide the implementation of formal law in Indonesia that has Indonesian aspirations, especially with the application of restorative justice in practice as well as the pouring of restorative justice in the Criminal Procedure Code which is essential to ensure legal certainty as well as provide a dimension of harmony for restorative justice arrangements

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Kekuatan Mengikat Putusan Pengujian Undang-Undang Oleh Mahkamah Kostitusi Terhadap Putusan Pengujian Peraturan Perundang-Undangan Oleh Mahkamah Agung

Cited by 3 publications

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The Legal Power of the Constitutional Court Decisions Remains

The Legal Power of the Constitutional Court Decisions Remains

Positive Legislature Decisions by the Constitutional Court

Restorative Justice Arrangements in the Indonesian Criminal Justice System: A Contribution of Thoughts

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