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All Journal Hakamain: Journal of Sharia and Law Studies
Dimas Nur Bagaskar
Universitas Esa Unggul
Law, Crime, Criminology & Criminal Justice

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Finality, Binding Effect, and Constitutional Compliance: Constitutional Court Decisions in Indonesia Irmanjaya Thaher; Dimas Nur Bagaskar
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i2.1771

Abstract

This article comprehensively analyzes the final and binding nature of decisions by the Constitutional Court (MK) of the Republic of Indonesia as mandated by Article 24C(1) of the 1945 Constitution. The study covers the constitutional and normative foundations of the principle of finality of MK rulings, the legal consequences they entail, the binding force of the ratio decidendi of the rulings, as well as a comparison with constitutional review systems in various countries. This article also critically examines various attempts that have been made to annul or disregard Constitutional Court decisions—including through Government Regulations in Lieu of Law (Perppu) and legislative amendments—as emphasized by constitutional law expert Bivitri Susanti. The statement by PDI-P Chairwoman Megawati Soekarnoputri that disregarding a Constitutional Court decision is tantamount to violating the Constitution is examined within the framework of constitutionalism theory and the accountability of state officials. This article argues that the final and binding nature of Constitutional Court decisions is not merely a procedural technicality, but rather a substantive foundation of constitutional supremacy and the rule of law within Indonesia’s system of government.
Co-Authors Irmanjaya Thaher