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Widodo Ekatjahjana
Fakultas Hukum Universitas Jember
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Telaah Kritik Atas Putusan Mahkamah Konstitusi dalam Perkara Perselisihan Hasil Pemilukada Provinsi Jawa Timur Ekatjahjana, Widodo
Jurnal Konstitusi Vol 8, No 1 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (475.639 KB) | DOI: 10.31078/jk%x

Abstract

Decision of Constitutional Court of Number 41/PHPU.D-VI/2008 is a controversial judicial decison in practices of Constitutional Court in Indonesia. The decison had legal basis of Law of Number 18 of 2008 that against formally with the Constitutions of 1945. Nevertheless, in fact, inconstitutional practice of the court system has taken legitimacy source of convention. It is very important for development of constitutional law enforcement in Indonesia, that the  decision was not only show how the Constitutional Court improves its constitutional authorities to handle disputes of regional head election result in Indonesia, but also that was first time how the Constitutional Court has brought its justice paradigm change toward process of substantial justice and law enforcement.
Mencermati Ratio Decidendi Mk Dalam Putusan Nomor 122/Puu-Vii/2009 Tentang Penderogasian Norma Hukum dan Sifat Putusan PTUN Ekatjahjana, Widodo
Jurnal Konstitusi Vol 7, No 5 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (421.331 KB) | DOI: 10.31078/jk%x

Abstract

Ratio decidendi of the Constitutional Court that said he was not an organ that has an authority to review constitutional rights loss of applicant, beside contrary to constitutional protection principles, also contrary to functions of the Constitutional Court as the guardian of the constitution, the protector of citizen’s constitutional rights dan the protector of human rights. The Constitutional Court should avoid to put his legal reasoning (in his ratio decidendi) that verdict of administrative court has not a legal nature – erga omnes. He should become aware that an administrative dispute is a public dispute bound under public law principles.
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