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All Journal JURNAL HUKUM Rule of Law Studies Journal
Nanang Sri Darmadi
Universitas Islam Sultan Agung Semarang
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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KEDUDUKAN DAN WEWENANG MAHKAMAH KONSTITUSI DALAM SISTEM HUKUM KETATANEGARAAN INDONESIA Nanang Sri Darmadi
Jurnal Hukum Vol 28, No 2 (2012): Jurnal Hukum Volume XXVIII No. 2 Tahun 2012
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v28i2.9783

Abstract

Fundamental changes in the 1945 is the amendment of Article 1 paragraph (2) as follows: "Sovereignty belongs to the people and carried out according to the Constitution". Change the 1945 Constitution has given rise to the Constitutional Court. By the Constitutional Court, the constitution guaranteed as the supreme law that can be enforced as it should. The Constitutional Court in its development, it is feared will be the agency that has authority super body.Particularly in resolving the matter related to its authority, the Constitutional Court can unilaterally interpret the Constitution without being questioned, other than that produced the Constitutional Court ruling is final and binding, so that when there is one party who feels aggrieved by the decision of the Constitutional Court cannot make the effort for other law.From the approach used in this study is normative juridical, because the study was conducted by examining library materials or secondary data relating to the status and authority of the Constitutional Court in constitutional legal system of Indonesia. Specifications of this research is descriptive analysis, which is expected to give a detailed overview, systematic, and comprehensive on all matters relating to the object to be examined. The data used in this study is secondary data, it means the data obtained from library materials collected through the study of literature and documentary studies, which are then analyzed qualitatively. The conclusion of this study is that the formation of the Constitutional Court in Indonesia is inseparable from the development of judicial review occurring in several countries in the world, especially during the implementation of judicial review which was pioneered by John Marshall in Marbury versus Madison case.Thinking about the importance of the Constitutional Court in Indonesia has emerged during the discussion of the draft Constitution in BPUPKI, then the idea of judicial review of the need to re-emerge during the discussion draft Judicial Power Act (Act No. 14 of 1970). At the time of the discussion of the 1945 changes in the era reformation, the opinion of the importance of the Constitutional Court appeared. Ultimately, the Third Amendment to the 1945 to be of the Constitutional Court, which serves as the guardian of the Constitution and constitutional interpretation.
Reformulation of Judicial Principles in Judicial Review Cases Based on Open Legal Policy by the Constitutional Court Teja Aulia; Nanang Sri Darmadi
Rule of Law Studies Journal Vol. 2 No. 1 (2026): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v2i1.213

Abstract

Background:In Indonesia's constitutional system, the Constitutional Court has the authority to review laws against the 1945 Constitution to ensure constitutional supremacy and protect citizens' constitutional rights. In practice, the Constitutional Court not only acts as a negative legislature, invalidating legal norms, but also, in some decisions, acts as a positive legislature through the application of the principle of judicial activism. However, the application of this principle often generates debate, particularly when it relates to norms of an open legal policy nature, which are essentially within the authority of the lawmakers. Aims:This study aims to analyze the application of the principle of judicial activism by the Constitutional Court in cases of judicial review of laws related to the norm of open legal policy, and to examine the consistency of its application in constitutional judicial practice in Indonesia. Methods:This study employs a juridical-normative research method with a case approach, a conceptual approach, and a comparative approach. Data were obtained through a literature review, encompassing primary legal materials in the form of legislation and Constitutional Court decisions, as well as secondary legal materials in the form of academic literature and legal doctrine. Data analysis was conducted qualitatively through a content analysis of Constitutional Court decisions related to the application of the principle of judicial activism. Result:The research results show that the Constitutional Court has applied the principle of judicial activism in several of its decisions by formulating or adding new legal norms during the judicial review process. However, this principle has not been consistently applied, particularly in cases related to open legal policy norms. In some decisions, the Constitutional Court has refused to review these norms, arguing that this falls within the authority of the legislators, while in other decisions, the Constitutional Court has intervened in norms that constitute open legal policy. Conclusion:This study concludes that the Constitutional Court's application of the principle of judicial activism still requires clearer parameters to avoid inconsistencies in its judicial review practices. Such clarity is crucial for maintaining a balance of power between the judiciary and the legislature and strengthening the Constitutional Court's role as a guardian of the constitution in a democratic state governed by the rule of law.
Co-Authors Teja Aulia