KEWENANGAN MAHKAMAH KONSTITUSI TERKAIT SIFAT PUTUSAN POSITIVE LEGISLATURE DALAM UJI MATERIIL UNDANG UNDANG TERHADAP UNDANG UNDANG DASAR
| Main Author: | Wijaya, Hendrik |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2018
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/38721/1/Pendahuluan.pdf http://eprints.umm.ac.id/38721/2/BAB%20I.pdf http://eprints.umm.ac.id/38721/3/BAB%20II.pdf http://eprints.umm.ac.id/38721/4/BAB%20III.pdf http://eprints.umm.ac.id/38721/5/Bab%20IV.pdf http://eprints.umm.ac.id/38721/ |
Daftar Isi:
- Positive Legislature is authority of the legislative institution to making the norm, while the negative legislature is authority of the judiciary institution to cancelling the norm. As a judicial power, should be a constitutional court using the negative legislature authority to deciding a case, but in this case the constitutional court often exceends the limits of the authority and making positive legislature decision. This study takes the formulation of the problem that are first, How the position of the new norm (positive legislature) was created by the constitutional court to reviewed from the mechanism check and balance and the secon problem is, How is the authority of the constitutional court and the binding force of the constitutional court ruling that creates new norms (positive legislature). With a view to studying and understanding the position of the new norm created by the constitutional court to reviewed from the mechanism check and balance and to studying and understanding the power of binding the decision of the positive legislature. The research method that the writer used is an approach of judicial normative method, the primary legal material are taken from the positive law or regulations, the secondary legal material are taken from book, journal, research result, the results of scientific activities, the tertiary legal material are taken from encyclopedia, law dictionary, glossary, and other. The legal material collection techniques are in the form of literature study. Then the research legal material were analyzed using descriptive qualitative. The results of the study stated that the decision of the constitutional court is positive legislature is a violating verdict and mechanism check and balance, an unconstitutional authority, and final decisions without any legal action. In conclusion, despite the decision of constitutional court has violated the principle of check and balance and has exceeded the limits of his authority, the decision must be properly considered and final binding. As recommendation, The constitutional court must be consistent with this negative legislature authority, Or MPR-RI amendment the 1945 constitution, or DPR-RI revised the constitutional court law to authorize positive legislature to the constitutional court.