Portrait of Constitutional Question Mechanisms in Judicial Review Practices in the Constitutional Court from the Perspective of Prophetic Law Paradigm

DOI

10.2991/assehr.k.210421.074How to use a DOI?

Keywords

constitutional court, constitutional review, Prophetic Law Paradigm

Abstract

The constitutional question mechanism in the constitutional review authority in the Constitutional Court (MK) has not been adapted so that it can result in the constitutional rights of citizens not being comprehensively protected. Substantive justice based on the One God (transcendent justice) has not been accommodated properly. The focus of this paper is to look at the constitutional question mechanism in the judicial review practice in the Constitutional Court based on the perspective of the Prophetic Law Paradigm. This type of research is a normative juridical study using a statutory approach and a conceptual approach. The method of collecting legal materials was carried out through literature study and analyzed using qualitative juridical analysis methods. The results and findings of the study indicate that the institutionalization of the constitutional question mechanism can be realized by expanding the constitutional review authority in the Constitutional Court. This expansion of authority can be carried out by changing the Constitutional Court Law, without making changes to the 1945 Constitution. The prophetic law paradigm can be used as an alternative perspective to revive the spirit of justice based on One God (transcendent justice) in the practice of constitutional testing in the Constitutional Court, especially in implementing mechanisms constitutional question.

Copyright

© 2021, 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  - Mustofa Lutfi
PY  - 2021
DA  - 2021/04/22
TI  - Portrait of Constitutional Question Mechanisms in Judicial Review Practices in the Constitutional Court from the Perspective of Prophetic Law Paradigm
BT  - Proceedings of the International Conference on Engineering, Technology and Social Science (ICONETOS 2020)
PB  - Atlantis Press
SP  - 502
EP  - 507
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210421.074
DO  - 10.2991/assehr.k.210421.074
ID  - Lutfi2021
ER  -