Pengujian Peraturan Perundang-undangan Oleh Mahkamah Konstitusi Dan Mahkamah Agung Di Indonesia

Subri, Joko (2019) Pengujian Peraturan Perundang-undangan Oleh Mahkamah Konstitusi Dan Mahkamah Agung Di Indonesia. Other thesis, Universitas Islam Riau.

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Abstract

The Constitution expressly states that Indonesia is a state of law (rechtsstaat), not a country based on mere power (machtsstaat). In enforcing the rule of law, then all legal products, both central and regional, must not conflict with the constitution, so efforts to correct if there are legal products that conflict with the constitution can be resolved through the mechanism that review of legislation. However, the dualism of judicial review in the Supreme Court and the Constitutional Court is not an ideal arrangement, because it has the potential to cause differences in conflicting decisions. The main problem of the research is how is the relationship between the Constitutional Court and the Supreme Court that review of legislation in Indonesia, and What Is the Ideal Relationship between the Constitutional Court and the Supreme Court that review of legislation in Indonesia. The research method is normative legal research, namely research carried out by referring to legal norms regarding the relationship of the Constitutional Court with the Supreme Court that review of legislation in Indonesia. while its nature is descriptive, namely describing in a clear and detailed manner the relationship of the Constitutional Court with the Supreme Court that review of legislation in Indonesia. The results of the study that the Constitutional Court's Relations with the Supreme Court that review of legislation in Indonesia are able to give rise to dualism that review of legislation and regulations which results in an unsynchronized Supreme Court Decision and Court Decision which can affect institutional relations among judicial institutions but also the image and authority of court decisions but it can also cause legal chaos and that will certainly harm the interests of the justice seeker community. In addition, there will be an interpretation that in judicial review, the Constitutional Court's decision is higher than the Supreme Court's decision and the judicial review process in the Supreme Court may be suspended temporarily if the law on which to test the regulation is being tested by the Constitutional Court, and the Ideal Relationship between the Constitutional Court and the Supreme Court that review of legislation Regulations in Indonesia is to make changes to the testing system with one-roof testing by placing the Constitutional Court as a legal court with consideration to reduce the Supreme Court's workload as an effort to anticipate the Perpres and Regional Regulation directly towards the 1945 Constitution.

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