Dwi Putri, Rafinda (2025) Kewenangam Mahkamah Konstitusi Dalam Menguji Ketetapan Mpr Ri Terhadap Uud 1945. Other thesis, Universitas Islam Riau.

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Abstract

The return of the MPR Decree in the hierarchy of legislation in the legal system of Indonesia certainly brings its impact. One of them is against the authority of the Constitutional Court in conducting legal testing. The problem is that the Constitutional Court can test the Rules of the House of Commons and as a result what laws arise. The type of approach used in this normative research is the Comparative Approach, which is based on the comparative approach. He was also a member of the Historical Approach (Historical Approach) with a focus on research on the authority of the Constitutional Court in Testing the Decree of the People's Consultative Assembly of Indonesia after the amendment of the Basic Law in 1945. The method used is library studies/document studies. Because this study was conducted extensively on secondary data in libraries. And the materials used are the various literature relevant to the research problem. The research results show that in the Constitutional Court's rulings on the testing of the MPR Decree, the Court held that the Constitutional Court in the Indonesian Constitutional System was not authorized to test the MPR Decree, One of the constitutional powers of the Court is to adjudicate at the first and last level whose decisions are final to test laws against the Basic Law. However, The impact of the Constitutional Court's decision to prosecute and not accept judicial review applications is that the existence of the MPR/S Decree in the legislative hierarchy is not available for the rules or mechanisms of testing the MPR/S Decree which causes a legal vacuum and no institution is authorized to operate.conduct a test of the MPR/S Decree. That the Constitutional Court's Decision Basis according to the 1945 Constitutional Law from 24C verse (1) that the Constitutional Court only has the authority to test the Law Against the Basic Law and the MPR/S Decree is not included in the Constitutional Court's authority. Second, due to the law, there is no mechanism for testing MPR Decree causing a legal vacuum and no institution is authorized to test MPR Decree (tetraa incognita). Keywords: MPR Decree, Constitutional Court Authority, MPR Decree Testing

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