Review of the Final and Binding Constitutional Court Decisions of the Republic of Indonesia

DOI

10.2991/icglow-19.2019.92How to use a DOI?

Keywords

Decision, Constitutional Court, Final, Binding

Abstract

This study aims to find out what the legal meaning of the Constitutional Court (MK) decisions are final and binding, and how the legal consequences arising from the final and binding decisions of the Constitutional Court. This type of research is a normative legal research, with secondary data. Based on the discussion, the result is that the Constitutional Court's decision which is final and binding contains 4 (four) legal meanings, First, realizing legal certainty as soon as possible for the disputing parties, the final nature of the Constitutional Court's decision refers to the desire to immediately realize legal certainty for justice seekers. Second, the existence of the Constitutional Court as a constitutional court, thus realizing the purpose of establishing the Constitutional Court as a guardian constitution. Third, meaningful as one form of social control conducted by the Constitutional Court, to determine which behavior is considered a deviation from the rule of law. Fourth, as the sole guardian and interpreter of the constitution, the Constitutional Court is not only an interpreter through its decisions, but also as a corrector whose application is reflected in examining and evaluating laws made by the House of Representatives and the President with the constitutional test stones through critical interpretation and dynamic. In addition, the Constitutional Court's decision which is final and binding, raises a number of legal consequences both positive and negative in its application. The Constitutional Court's Decision which causes positive legal consequences is to end a legal dispute; Maintain the principle of checks and balances; and Encouraging political processes. While the negative legal consequences are the closure of access to legal efforts and the occurrence of a legal vacuum when a decision is not carried out by the legislators.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Suparto
PY  - 2019/10
DA  - 2019/10
TI  - Review of the Final and Binding Constitutional Court Decisions of the Republic of Indonesia
BT  - Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)
PB  - Atlantis Press
SP  - 383
EP  - 388
SN  - 2352-5398
UR  - https://doi.org/10.2991/icglow-19.2019.92
DO  - 10.2991/icglow-19.2019.92
ID  - 2019/10
ER  -