CD Skripsi

Tinjauan Yuridis Terhadap Tindak Lanjut Putusan Mahkamah Konstitusi Dalam Pengujian Undang-Undang Terhadap Undang-Undang Dasar 1945 Oleh Lembaga Negara Di Indonesia

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ABSTRACT
The Constitutional Court is a judicial power that was born after the
reformation. One of the important powers of the Constitutional Court is the
judicial review of the 1945 Constitution, which is often referred to as the
crowning authority of the Constitutional Court. Thus, the main background
behind the birth of the Constitutional Court is because of the importance of the
authority to review laws against the 1945 Constitution. The main purpose of the
authority to review laws against the 1945 Constitution is to limit the power of
state institutions in terms of establishing and enforcing laws in Indonesia and
adapting them to legal sources. the highest, namely the 1945 Constitution to the
ideology of Pancasila. In practice, there are several decisions of the
Constitutional Court, especially in the case of judicial review of the Constitution
which was not followed up by state institutions in Indonesia. The purpose of this
study is to determine the strength of the decision of the Constitutional Court in
testing laws against the 1945 Constitution in Indonesia, to find out the follow-up
to the decisions of the Constitutional Court in testing laws against the 1945
Constitution by state institutions in Indonesia and to find out what is the ideal
follow-up to the decision of the Constitutional Court on judicial review of the
1945 Constitution in Indonesia.
The research in this study is a normative research using a legal principle
approach. The main data in this study is secondary data, namely the legal
literature which consists of several quotations from various related literature
sources. The other supporting research data used by researchers are primary
legal materials, secondary legal materials and tertiary legal materials.
From the discussion and research conducted by the researcher, there are
several conclusions that can be obtained, namely: First, the strength of the
Constitutional Court's decision in testing the law against the 1945 Constitution
has philosophical, normative and sociological powers. Philosophically, the
Constitutional Court in examining laws against the 1945 Constitution indirectly
made the Pancasila ideology a touchstone, because the 1945 Constitution was a
concretization of the Pancasila ideology. Second, all state institutions in
Indonesia must submit to the decision of the Constitutional Court, because
basically the birth of the Constitutional Court is part of the rule of law
(constitutional supremacy). However, in practice, not all state institutions follow
up on decisions from the Constitutional Court, especially in the case of judicial
review of the 1945 Constitution. Third, after researchers have provided some
input on issues that have been considered to provide a loophole for the
Constitutional Court's decision, especially in terms of If the judicial review of the
1945 Constitution is not followed up, it is hoped that an ideal situation will be
realized where all state institutions will follow up on all decisions of the
Constitutional Court.
Keywords: Constitutional Court - 1945 Constitution - State Institutions

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1809112206

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Administrasi Negara., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1809112206

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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