CD Skripsi
Eksistensi Mahkamah Konstitusi Dalam Pengujian Formil Undang-Undang Di Indonesia
ABSTRACT
The Constitutional Court is one of the new state institutions formed after
the reform. One of the powers possessed by the Constitutional Court is the judicial
review of laws against the 1945 Constitution, both materially and formally.
However, in practice, since the beginning of the establishment of the
Constitutional Court, until now, the formal review of laws by the Constitutional
Court is very rarely carried out so that there has not been a decision that
invalidates the validity of a law that does not meet the procedural requirements for
the formation of existing laws and regulations. The purpose of this study was to
find out how the existence and obstacles to the implementation of the authority of
the Constitutional Court in conducting formal examinations and how the ideal
concept of formal judicial review must be carried out by the Constitutional Court
in Indonesia.
This research is a normative legal research. This is based on library
research which takes quotations from reading books, or supporting books that are
related to the problem to be studied. This study uses secondary data sources
consisting of primary, secondary and tertiary legal materials. This study also uses
qualititative data analysis and produces descriptive data.
From the results of the research conducted, there are several conclusions
obtained, namely: First, the implementation of the authority of the Constitutional
Court in formally reviewing laws is still very minimal. It is proper that the
authority for formal review by the Constitutional Court needs to be emphasized so
that the existence of the authority of the Constitutional Court is carried out.
Second, in practice there are many obstacles faced by the Constitutional Court that
complicate the implementation of the formal judicial review of the law. Third, the
concept of formal review of laws in Indonesia should not only be based on the
1945 Constitution, but should be based on laws and regulations that regulate
procedural aspects in the form of processes and stages of law formation.
Keyword : Constitutional Court, Formal Review, and Legislation
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