Legal Force of Conditional Unconstitutional Verdicts by the Constitutional Court in Decision Number 91/PUU-XVII/2020 Regarding the Omnibus Law on Job Creation
- DOI
- 10.2991/978-2-38476-194-4_21How to use a DOI?
- Keywords
- Legal force; verdict; conditional unconstitutional; Constitutional Court
- Abstract
The aim of this research is to ascertain and analyze the legal force of conditional unconstitutional verdicts by the Constitutional Court in Decision Number 91/PUU-XVIII/2020 concerning the Omnibus Law on Job Creation. The research methodology employed in this paper is juridical-normative, indicating that the study originates from legal issues by analyzing a legal problem through legislation, literature, and other reference materials. This research employs several approaches, including legislative, historical, and conceptual approaches. The outcomes of this research indicate that the decisions of the Constitutional Court during the examination of laws can vary, encompassing full acceptance, partial acceptance, rejection, and even inadmissibility. A novel development is evident in the Constitutional Court's decisions, representing an ijtihad (independent juridical reasoning) aimed at upholding the law and justice. Thus, Constitutional Court Decision Number 91/PUU-XVIII/2020 fundamentally differs from various prior Constitutional Court decisions, where the conditional unconstitutional verdict was issued. This distinction arises because Decision Number 91/PUU-XVIII/2020 constitutes a conditionally unconstitutional verdict concerning formal review, specifically the legislative process. In contrast, in various previous decisions, conditionally unconstitutional verdicts were directed towards the substantive review of a law. The legal force of conditional unconstitutional verdicts involves binding legal authority and must be considered correct, allowing no alternative other than to implement them. Given that Constitutional Court decisions are final and binding, this aspect is closely linked to the principle of ‘res judicata pro veritate habetur’ (what is decided by the judge must be considered true and must be implemented). As Indonesia operates as a state governed by the rule of law, it is imperative that state organs act based on positive law. The author suggests establishing a legal foundation for the implementation of the practice of conditional verdicts in the Constitutional Court, achieved through the revision of Constitutional Court laws to include types of conditionally unconstitutional and conditionally constitutional verdicts as a framework for the exercise of constitutional judicial authority.“
- 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.
Cite this article
TY - CONF AU - Meri Yarni AU - Kosariza AU - Yetniwati AU - Khofifah Rizki Amanda PY - 2024 DA - 2024/01/19 TI - Legal Force of Conditional Unconstitutional Verdicts by the Constitutional Court in Decision Number 91/PUU-XVII/2020 Regarding the Omnibus Law on Job Creation BT - Proceedings of the International Conference on Social and Politics (ICSP 2023) PB - Atlantis Press SP - 186 EP - 194 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-194-4_21 DO - 10.2991/978-2-38476-194-4_21 ID - Yarni2024 ER -