CD Skripsi

Gagasan Constitutional Complaint Dalam Penegakan Hak Konstitusional Di Indonesia

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ABSTRACT
Constitutional rights are not only limited to written recognition in
documents, but there must be real protections that can truly guarantee and
protect the basic rights of citizens. A very important problem arises in the effort to
protect the constitutional rights of citizens, namely how constitutional violations
are not against the enactment of laws or decrees. The facts show that many cases
submitted to the Indonesian Constitutional Court are indicated to have violated
constitutional rights. Meanwhile, all existing legal remedies that have been taken
by the complainant cannot be accepted (niet onvankelijk verklaard) or withdrawn
by the complainant before the judicial process is carried out, due to the
unavailability of the authority to try the case in the Constitutional Court, even in
all judicial institutions in Indonesia. Therefore, a court is needed to accommodate
problems related to the constitutional rights of citizens such as Constitutional
Complaint.
The type of research used in this legal research is the normative juridical
method, with a study of legal principles, namely the principle of legal certainty.
Research is descriptive in nature, which is a study that aims to make a clear and
detailed description of the problem. The data source used is secondary data. The
data collection technique in this research is the literature review method after the
data is collected and then analyzed to draw conclusions.
From the results of research and discussion, it was found that there were
cases that did not get legal certainty because they could only be filed in a
Constitutional Complaint, in which Indonesia did not yet have an institution that
was responsible for Constitutional Complaints. In Indonesia, the legal means that
can be taken to file a Constitutional Complaint case to the Constitutional Court in
Indonesia is through the judicial review, although it does not always run
smoothly. There are only a few cases with Constitutional Complaint content that
passed when they were brought to the Constitutional Court through a judicial
review mechanism. In practice in Indonesia, even though judicial review has
become the authority of the Constitutional Court, this is only limited to the
product of the DPR (laws) so that actions (policies) either the government
(executive), legislative, or judiciary have the potential to harm the rights of
citizens who have already guaranteed by the constitution, especially rights that
are fundamental rights have not been properly protected. In a country that
adheres to the concept of a democratic state, such as in Indonesia, the
constitutional complaint mechanism is very important to regulate.
Keywords: Human Rights - Constitutional Complaint

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 03. 121 (0010)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Administrasi Negara., 2021

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 03. 121 (0010)

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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