CD Skripsi

Perbandingan Tindak Lanjut Pelaksanaan Putusan Mahkamah Konstitusi Di Indonesia, Kosovo Dan Afrika Selatan

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ABSTRACT
This research examines a crucial problem within the Indonesian constitutional
system: the low level of compliance with and follow-up on the decisions of the
Constitutional Court (MK) by state institutions (addressees). In practice, many of
the Court's decisions are not consistently implemented by the law-making bodies,
namely the House of Representatives (DPR) and the President. The absence of a
clear oversight mechanism and firm sanctions for this non-compliance results in
legal uncertainty and fundamentally weakens constitutional supremacy in
Indonesia.
Utilizing a normative legal research method with a comparative law approach,
this study compares the follow-up mechanisms for MK decisions in Indonesia with
those in Kosovo and South Africa. Kosovo demonstrates a 99 % compliance rate,
while South Africa, through Article 172 of its Constitution, grants its Court the
authority to issue orders that are "just and equitable," including suspending the
declaration of a law's invalidity to allow the relevant authority time to correct the
defect—a mechanism known as a "structural interdict."
The comparative analysis reveals that Indonesia's primary weakness lies in a
legal vacuum concerning the enforcement mechanism for MK decisions,
particularly following the repeal of Article 59, paragraph (2) of the 2011
Constitutional Court Law, which was the sole provision that explicitly regulated
the legislature's follow-up obligations. The absence of compulsory regulations
makes the implementation of decisions highly dependent on the legal awareness
and political will of the addressee institutions. This situation contrasts
significantly with that of Kosovo and South Africa, where the Constitutional
Courts are equipped with strong procedural and judicial powers to ensure their
decisions are respected and effectively implemented, thereby strengthening the
position of the constitution as the supreme law.
As a solution, this research proposes an ideal framework for the follow-up on MK
decisions in Indonesia through several legal and institutional reforms. First,
revising the Constitutional Court Law and the Law on the Formulation of
Legislation to explicitly regulate the obligations, timelines, and sanctions for state
institutions that fail to follow up on MK decisions. Second, adopting the Kosovan
model by establishing an internal monitoring unit within the MK tasked with
overseeing the implementation of its rulings. Third, emulating the South African
approach by granting the MK the authority to issue phased implementation orders
(structural interdicts), which mandate progress reports from the relevant
institutions. Lastly, it is recommended that the MK explicitly name the addressee
institutions in its rulings to ensure legal certainty and accountability in their
execution.
Keywords: Implementation of Constitutional Court Decisions

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2109112138

Penerbit

Pekanbaru : Universitas Riau – F.HUKUM – HUKUM TATA NEGARA., 2025

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2109112138

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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