KEWENANGAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA UNTUK MELAKUKAN PENGUJIAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG (Studi Kasus Pengujian Perppu Nomor 1 tahun 2013)
| Main Author: | Perdhana, Aditya Ilmam |
|---|---|
| Format: | Book application/pdf Journal |
| Terbitan: |
UI Scholars Hub
, 2021
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| Subjects: | |
| Online Access: |
https://scholarhub.ui.ac.id/dharmasisya/vol1/iss2/3 https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1042&context=dharmasisya |
Daftar Isi:
- The Constitutional Court has the authority as stipulated in the Constitution of 1945, one of which is to examine the Law against the Basic Law. In the statutory regulatory system in Indonesia there is a statutory regulation that has the same position and hierarchy as the Law, namely the Government Regulation in Lieu of Law or commonly known as Perppu. The Perppu is a legal product issued by the President on the basis that the state is in a precarious state of force and the Perppu must then be submitted to the House of Representatives (DPR) for later to be approved as a law or not. Then the provisions regarding the Constitutional Court are further regulated in the Act which then becomes one of the authorities of the Constitutional Court to examine the Act against the Basic Law, but in this case the Constitutional Court through the Constitutional Court Judge Assembly is dealing with the principle of procedural law "Nemo judex idoneus in propria causa". The purpose of this writing and research is to analyze the consideration of the Constitutional Court Panel of Judges in adding the authority of the Constitutional Court to examine the Perppu and the laws and regulations that fall within the authority of the Constitutional Court relating to itself which in this case is Perppu Number 1 of 2013 concerning Amendment The second is Law Number 24 Year 2003 concerning the Constitutional Court. The method used in this research is normative juridical research. The results of this research later found that the Constitutional Court concluded that the Perppu had the legal force equivalent to the Law so that the Perppu was a legal product that could be tested by the Constitutional Court and the Constitutional Court stated that to return to the constitution in exercising its authority regarding the testing of laws and regulations relating to himself.