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| Jenis | : |
KKM
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| Judul | : |
THE IMPLICATIONS OF CONSTITUTIONAL DISOBEDIENCE TO THE DECISION OF JUDICIAL REVIEW IN THE CONSTITUTIONAL COURT BY THE ADRESSAT DECISIONS: A PERSPECTIVE OF CHECKS AND BALANCES OF THE CONSTITUTIONAL SYSTEM IN INDONESIA
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| Subjek | : |
Constitutional law
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| Pengarang | : |
Asvina Erga Ibtinavilah
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| Pembimbing | : |
Riris Ardhanariswari,
Syarafina Dyah Amalia
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| Prodi | : |
ILMU HUKUM KELAS INTERNASIONAL
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| Tahun | : |
2025
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| Call Number | : |
342.03 IBT t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
The authority mandated by the constitution to the Constitutional Court in
testing the law on the 1945 Constitution of the Republic of Indonesia in Article 24C
paragraph (1) is the mechanism of the checks and balances system. When associated
in the context of enforcing the supremacy of the constitution, of course, it does not
only stop at the cancellation of a legal norm that is contrary to the constitution, but
also how the annulment decision is then complied with and followed up. However,
in the recent development of Indonesian constitution, compliance with the decision
in following up on the Constitutional Court's decision has become a problem because
there are indications of disobedience in following up on the Constitutional Court's
decision which is final and binding.
The purpose of the study is to analyze the implications that will have an
impact on the constitutional system in Indonesia if non-compliance with the
Constitutional Court's decision continues. The type of research is normative juridical
with the approach used is law in books. The specification of the research is
descriptive analytical. The data collection method is a literature study using
secondary data presented in the form of a systematic description which is then
analyzed in a qualitative normative manner.
Based on the results of the study, it shows that the majority of legal testing
decisions at the Constitutional Court are complied with or followed up on as a whole,
namely 36 decisions or 43.90%. However, there are also some decisions that are not
fully complied with or in other words only partially implemented, namely as many
as 3 decisions or 3.65%. As for the decisions that were not passed, there were 11
verdicts or 13.41%. The remaining 32 decisions or 39.02% have not been identified.
Thus, it can be concluded that the level of compliance is 43.90% compared to
13.41%.
Keywords: Constitutional Disobedience, Ruling, Constitutional Court, Testing of
Laws, Adressat, Checks and Balances.
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