A Utility, Justice, and Security Perspective on the “Final and Binding” Constitutional Court’s Decisions

DOI

10.2991/978-2-38476-315-3_39How to use a DOI?

Keywords

Decisions; Constitutional Court; Final and Binding

Abstract

The issue of judicial review has undergone a profound dynamic development throughout the history of Indonesia. The development of this matter has been concerned not only with material considerations but also with the formal legal issues that have arisen as a consequence of constitutional events. This is of particular importance and strategic value in ensuring the role of a democratic system and in protecting the fundamental rights of citizens set out by the 1945 Constitution. It is essential to establish a separate body other than the legislative body to implement constitutional rules regarding legislation to be effectively guaranteed, with the duty of examining the constitutionality of legislation. Moreover, establishing a Constitutional Court is an excess of the development of modern legal and constitutional thought that emerged in the 20^th Century. The Constitutional Court’s decisions are “final and binding” and apply the erga omnes principle. This signifies that no further legal recourse may be taken against the Constitutional Court’s decision, which must be respected by all individuals and institutions in Indonesia, including the Supreme Court. A normative juridical method was employed in this study, outlining the approaches mentioned above, such as the statutory, conceptual, and historical approaches. The findings indicate that the Constitutional Court’s decisions are final and binding, precluding any further legal action against its decisions. Meanwhile, several problems concerning decisions issued by the Constitutional Court have emerged, which have frequently been the subject of public debate, particularly in cases where the constitutionality of legislation has been reviewed. It is not uncommon for the Constitutional Court’s decisions to be highly contentious, giving rise to a range of views within society. This may affect the judiciary’s sense of justice, leading to disappointment amongst those who had expected the Constitutional Court’s decisions to be different, which is final and legally binding.

Copyright

© 2024 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  - Muhammad Doni Ramdani
AU  - Hartiwiningsih Hartiwiningsih
AU  - I Gusti Ayu Ketut Rachmi Handayani
PY  - 2024
DA  - 2024/12/24
TI  - A Utility, Justice, and Security Perspective on the “Final and Binding” Constitutional Court’s Decisions
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 282
EP  - 287
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_39
DO  - 10.2991/978-2-38476-315-3_39
ID  - Ramdani2024
ER  -