KARAKTERISTIK FINAL AND BINDING PUTUSAN MAHKAMAH KONSTITUSI DALAM KAITANNYA DENGAN POLITIK HUKUM PEMBENTUKAN LEGISLASI YANG BAIK
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Institusion
Universitas Atma Jaya Yogyakarta
Author
Apriadi, Heribertus
Subject
Hukum Ketatanegaraan
Datestamp
2015-03-04 09:21:09
Abstract :
This study aimed to examine and analyze the characteristic of the final and binding decision of the constitutional court. This study also examined the relevance of constitution court sentence with the formation of good legislation. This is a normative legal research using legal policy approach. This research indicated that any legal effort cannot be taken for final and binding sentence. Article 24C of the 1945 Constitution resulted the absence of a mechanism to test constitutional court sentence that terminated with an indication of judicial corruption. Related to the characteristic of the constitution court sentence, the constitutional court does not always obey the law and procedural law. This can be seen by the existence of sentence which are not in accordance with the charactersistic of the constitutional court sentence itself, that is to establish itself as a positive legislator and make a sentence retroactive. Relevance of constitutional court sentence with the formation of good legislation, legislators did not have strong effort to dealing with reformation of law after the constitutional court sentence. Legislators did not give priority to the law which was canceled by the constitutional court.
This study aimed to examine and analyze the characteristic of the final and binding decision of the constitutional court. This study also examined the relevance of constitution court sentence with the formation of good legislation. This is a normative legal research using legal policy approach. This research indicated that any legal effort cannot be taken for final and binding sentence. Article 24C of the 1945 Constitution resulted the absence of a mechanism to test constitutional court sentence that terminated with an indication of judicial corruption. Related to the characteristic of the constitution court sentence, the constitutional court does not always obey the law and procedural law. This can be seen by the existence of sentence which are not in accordance with the charactersistic of the constitutional court sentence itself, that is to establish itself as a positive legislator and make a sentence retroactive. Relevance of constitutional court sentence with the formation of good legislation, legislators did not have strong effort to dealing with reformation of law after the constitutional court sentence. Legislators did not give priority to the law which was canceled by the constitutional court.
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