CD Skripsi

Analisis Yuridis Putusan Mahkamah Konstitusi Nomor 19/Puu-Xii/2014 Terhadap Tafsiran Frasa “Komite Olahraga”

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ABSTRACT
KONI filed a lawsuit through the Constitutional Court to conduct a judicial review of the SKN Law with constitutional case register Number 19/PUU-XII/2014, one of the objects of testing is Article 36 paragraphs (1) and (3) of the SKN Law related to the phrase "sports committee" where KONI believes that the emergence of these phrases makes KONI not have strong legitimacy to carry out its authority as a partner institution of the Government in sports management so far. Therefore, the purpose of this thesis research is first, to analyze the considerations of the Constitutional Court judges in Decision Number 19/PUU-XII/2014 on the interpretation of the phrase "sports committee" in Article 36 paragraphs (1) and (3) of the SKN Law. Second, knowing the legal implications of the interpretation of the phrase "sports committee" in Decision Number 19/PUU-XII/2014 on the position of the national sports committee.
This type of research can be classified into the type of normative legal research. This study used secondary data consisting of primary legal materials, secondary legal materials, tertiary legal materials and data collection techniques were carried out using the library study method.
From the results of the research problem there are two main things that can be concluded. First, in the legal considerations and judges' decisions in Decision Number 19/PUU-XII/2014, the Constitutional Court used several approaches to constitutional interpretation that had fulfilled the principles of constitutional interpretation and gave a verdict, namely the Constitutional Court interpreted that the phrase "sports committee" in Article 36 paragraphs (1) and (3) of the SKN Law did not cause multiple interpretations because the formation of the SKN Law was not intended to only form one national sports organization. Although so, the Constitutional Court is firm in accommodating plural institutions in related decisions, it can also be seen that in its legal considerations, if interpreted more deeply, the Constitutional Court also leads to the concept of open legal policy. Second, the legal implication after the enactment of Decision Number 19/PUU-XII/2014 related to the interpretation of the phrase "sports committee" is the problem of position in the sports development of the two main national sports institutions in Indonesia, namely KONI and KOI. The author's suggestions: First, the Constitutional Court needs to develop an approach related to the use of constitutional interpretation and provide confirmation of when a policy falls into the constitutional / unconstitutional category and when a policy falls into the concept of open legal policy. Thus, it is clear about how to properly implement the Constitutional Court's decision. Second, there needs to be a Government Regulation that regulates each national sports committee as a follow-up to the Constitutional Court Decision and as a form of coordination between existing institutions by paying attention to proportionality goals that do not harm security and public interests, especially the issue of competing rights in the future.
Keywords: Sports Committee, Constitutional Interpretation, Open Legal Policy

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909111795

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Tata Negara., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909111795

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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