CD Skripsi
Interpretasi A Contrario Terhadap Putusan Mahkamah Konstitusi Nomor 30/Puu-Xvi/2018 Tentang Larangan Pengurus Partai Politik Menjadi Anggota Dpd
Decision of the Constitutional Court against the management of political
parties against being a Member of the Regional Representative Council of the
Republic of Indonesia (DPD RI). A studio review of the Mahmakah constitution
No. 30 / PUU-XVI / 2018 which is more focused on the requirements of DPD
members governing Article 182 Letter l of Law Number 7 of 2017 Concerning
General Elections, the Basic Law makes this decision questionable on the
principle of negativity legislator Article 12 paragraphs (1) and (3) of the 1945
Constitution which regulates rights and obligations in the country, namely the
1945 Constitution which provides rights and obligations for countries
participating in using democracy in Indonesia. The Constitutional Court
approved the constitutional articles but examined that this was done to protect the
integrity of Human Rights, not to demand Human Rights approved by the
constitution, to question the Constitutional Court which is called the the guardian
of the constitution.
This type of research can be classified in normative juridical research,
because this research was conducted by examining secondary data and
approaches to the law, this normative study examines the principles of law.
Sources of data used are primary data, secondary data, tertiary data, data
collection techniques in this study are normative juridical, the data used is
literature study. The results of the research conducted by the author are that the
Constitutional Court in deciding a case is often out of the authority granted by the
Act, resulting in the absence of legal certainty considering the decision of the
Constitutional Court is final and binding. The Constitutional Court in making a
decision Number 30 / PUU-XVI / 2018 is not perfect because it causes legal
uncertainty in Indonesian law, and the Constitutional Court has restricted the
rights of Indonesian citizens. Therefore, when the Constitutional Court makes a
ruling it should not contradict the Basic Law so that legal certainty is guaranteed
for Indonesian citizens and the Constitutional Court does not limit the rights of its
citizens to participate in organizing democracy.
Keywords: Constitutional Court Decisions - Members of Political Parties -
Political Rights
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