JUDICIAL REVIEW PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG (PERPPU) OLEH MAHKAMAH KONSTITUSI

., HARDYANTO (2014) JUDICIAL REVIEW PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG (PERPPU) OLEH MAHKAMAH KONSTITUSI. S2 thesis, UAJY.

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Abstract

In this thesis, the authors take the title Judicial review of Government Regulation in Lieu of Law (PERPPU) by the Constitutional Court. The issues raised in this thesis is whether the Constitutional Court is authorized to exercise judicial review of perppu and How the legal implications if the court did judicial review against perppu. The research objectives of this paper is to determine and assess the authority of the Constitutional Court in a judicial review against perppu and to determine and assess the legal implications if the Constitutional Court conduct a judicial review of the perppu. This type of research used in this study are the type of normative legal research.Normative legal research is research that focuses on the legal norms of positive law. The approach used in this study is the political approach of the law. The data used in this study is secondary data consisting of primary legal materials and secondary legal materials. The final step in the research is the conclusion of this law. This legal research methods to draw conclusions with deductive thinking, which means a method of thinking that starts and begins from the proposition that is generally admitted truth and ends with a specific conclusion. The Particular conclusion is expected to provide a new solution to solve a legal problem that is happening in the constitutional system of Indonesia. The conclusion in the discussion of the writing of the thesis that the Constitutional Court is not authorized to conduct a judicial review of perppu. The authority held by the Court that granted by the 1945 Constitution and Law No. 12 of 2011 on Legislation absolutely nothing and no stipulation that the Constitutional Court could examine perppu. Article 24C of the 1945 Constitution only mentions one of the powers of the Constitutional Court is to examine the Act to the 1945 Constitution, was not tested against the Constitution State perppu RI 1945. Thus perppu testing mechanisms exist in the House and not on the Constitutional Court, as well as the legal implications if Constitutional Court conduct a judicial review of the dispute is perppu authority between the Constitutional Court and Parliament. Perppu Tests conducted by the Constitutional Court has resulted in the authority of the Parliament of perppu legislative review, as in the case of judicial review, the decision of the Constitutional Court are erga omnes which means binding and must be obeyed by all citizens, the legal consequences not only to the parties concerned only but also to all public officials and the entire community.

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