The Constitutional Court Proceeds with Constitutional Questions Appeals Through Judicial Review

DOI

10.2991/978-2-38476-024-4_68How to use a DOI?

Keywords

constitutional justice; concrete review; constitutional question; constitutional review

Abstract

The constitutional question has been raised in Germany, South Korea, Turkey, and the United States, with varying results and settings. The purpose of the constitutional question itself, namely the existence of a unified interpretation of a law, will provide more certainty in its implementation and increase the effectiveness of a law. This normative juridical research was conducted in order to identify elements in the constitutional question that are appropriate and applicable in Indonesia, the constitutional examination, and as an alternative to the settlement of constitutional cases. This study discovers that the mechanism of constitutional inquiry is identical to that of constitutional review, with the exception that it departs from concrete cases, namely cases that have been or are being examined in lower courts. A concrete constitutional review refers to a constitutional question. If there is doubt about a law that will be used to resolve cases, legal standing other than individuals and legal entities can submit constitutional questions to the Constitutional Court. Because it deviates from a specific case, the individual or legal entity with legal standing is a party to the case under consideration by the court. Furthermore, by examining the practice of constitutional review at the Indonesian Constitutional Court, it was discovered that there were 7 cases that were actually cases of constitutional questions, but would be examined by the Court at the entrance via the submission of a constitutional review. As a result, there is a huge opportunity for constitutional questions to be applied in Indonesia in order to provide an alternative for constitutional cases to be settled at the Constitutional Court.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Nanik Prasetyoningsih
PY  - 2023
DA  - 2023/04/19
TI  - The Constitutional Court Proceeds with Constitutional Questions Appeals Through Judicial Review
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 679
EP  - 690
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_68
DO  - 10.2991/978-2-38476-024-4_68
ID  - Prasetyoningsih2023
ER  -