Titik Singgung Wewenang Antara MA dan MK

Mahfud, Moh.

doi:10.25216/jhp.4.1.2015.1-16

Cited by 3 publications

(2 citation statements)

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“…To realize this goal, each political party must form a democratic AD/ART (Suhaimi, 2021). "The idea of a judicial review aims to force regulators to comply with and harmonize with legal norms contained in higher regulations" (MD, 2015).…”

Section: Parties Based On Legislationmentioning

confidence: 99%

The Supreme Court's Authority: Judicial Review of Statutes and By-Laws of Political Parties against Laws

Bachmid

Rachmitasari

2022

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The debate about the authority of the Supreme Court to examine the Statutes and bylaws of Political Parties against the Law has become a problem in the practice of law in Indonesia. This study aims to analyze the nature of the Supreme Court's authority to examine the Statutes and bylaws of political parties against the law. This research is a normative legal research. The data collection technique used in this research is literature study. The analytical technique used in this research is hermeneutic analysis method and interpretation. The results of this study indicate that political parties as public legal entities are present in all aspects of government and have an important contribution in determining the direction of constitutional development in Indonesia. Ratification of the Articles of association and by-laws of Political Parties based on a Ministerial Decree and announced in the State Gazette of the Republic of Indonesia. In this case, the Statutes and bylaws of a political party are statutory regulations under laws and Ministerial Decrees. The Supreme Court must carry out its supervisory function, including testing the Statutes and bylaws of political parties that are in conflict with the Law on Political Parties. This study concludes that the Supreme Court exercises broad powers as judge made law, especially in dealing with complex cases, such as the Statutes and bylaws issues of political parties.

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Section: Parties Based On Legislationmentioning

confidence: 99%

The Supreme Court's Authority: Judicial Review of Statutes and By-Laws of Political Parties against Laws

Bachmid

Rachmitasari

2022

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“…Namun, dengan adanya pertentangan dalam putusan terkait waktu pemberlakuan norma larangan calon anggota DPD sebagai pengurus partai politik mengharuskan KPU untuk memilih, putusan lembaga peradilan mana yang harus dilaksanakan dalam menentukan persyaratan calon anggota DPD Pemilu tahun 2019. 8 Putusan MA No. 65P/HUM/2018 menimbulkan polemik khususnya bagi KPU, akibat putusan antara MA dan MK yang saling kontradiksi, hal ini mengakibatkan terjadinya ketidakpastian hukum yang membuat KPU harus merujuk pada putusan yang mana, akibat ada dua putusan yang eksis tentang kasus yang sama tetapi saling bertentangan.…”

Section: B Pembahasanunclassified

Problematika Pengujian Peraturan Perundang-Undangan Di Mahkamah Agung ( Kajian Terhadap Putusan Mahkamah Agung No. 65 P/HUM/2018)

Suparto

2021

SASI

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The Supreme Court (MA) decided that candidates for members of the Regional Representative Council (DPD) from political party administrators for the 2019 Election were still allowed, even though previously the Constitutional Court (MK) had banned it (Decision No. This conflict is due to differences in interpreting the timing of the implementation of the ongoing 2019 Election stage process. The Constitutional Court stated that the decision was enforced since the 2019 Election and this was not retroactive. Because it is still at the Provisional Candidate List (DCS) stage, so it is possible to change regulations. Meanwhile, the Supreme Court considers that the Constitutional Court's decision must be enforced after the 2019 Election or apply in the future (prospective), because the stages have been running, so that changes in requirements can be made The legal implication that occurs is that there is legal uncertainty for the General Election Commission (KPU) to follow which decision. To solve this problem can be used the doctrine of validity (enforceability of norms). The existence of a hierarchy of legal products being tested and a basis for testing certainly has a legal consequence of the existence of a hierarchy of norm validity in the decisions of the Supreme Court and the Constitutional Court. When there is a conflict between the Supreme Court decision and the Constitutional Court, the verdict with the basis and object of examination in the hierarchy of laws and regulations that is higher, namely the Constitutional Court decision, has a higher validity than the Supreme Court decision. So that problems like this do not exist anymore, testing of laws and regulations should only be carried out by one institution, namely the Constitutional Court.

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Kekuatan Eksekutorial Putusan Mahkamah Konstitusi Yang Bersifat Final Dan Mengikat di Indonesia

Ru'ati

Nirahua

Soplantila

2022

Pela

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Introduction: The Constitutional Court is a state institution that has judicial authority based on the 1945 Constitution which has the constitutional authority to conduct judicial review of the 1945 Constitution whose decisions are final and binding. However, in the implementation of the judicial review of the 1945 Constitution by the Constitutional Court, many decisions of the Constitutional Court were not carried out by other State Institutions or Government Agencies which have the obligation to follow up and implement the Constitutional Court Decisions. If the decision of the Constitutional Court is not implemented in the Unitary State of the Republic of Indonesia, it can legally interfere with the administration of government as a result of not implementing the decision of the Constitutional Court as a State Institution that has attribution authority in the 1945 Constitution of the Republic of Indonesia. Purposes of the Research: To analyze the Executive Power of the Decisions of the Constitutional Court which are final and binding in Indonesia Methods of the Research: The type of research used in this writing is normative juridical research. Results of the Research: The results show that the Constitutional Court's decision has executive power because it is final and binding when pronounced by the Constitutional Court Judge, and the Constitutional Court's decision actually has a juridical position as law and is used as a source of law by the DPR and the Government in forming laws. related to the decision of the Constitutional Court

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Titik Singgung Wewenang Antara MA dan MK

Cited by 3 publications

References 0 publications

The Supreme Court's Authority: Judicial Review of Statutes and By-Laws of Political Parties against Laws

The Supreme Court's Authority: Judicial Review of Statutes and By-Laws of Political Parties against Laws

Problematika Pengujian Peraturan Perundang-Undangan Di Mahkamah Agung ( Kajian Terhadap Putusan Mahkamah Agung No. 65 P/HUM/2018)

Kekuatan Eksekutorial Putusan Mahkamah Konstitusi Yang Bersifat Final Dan Mengikat di Indonesia

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