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Masrufah
Fakultas Syariah Institut Agama Islam Negeri Pontianak
Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Public Health

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KEDUDUKAN DAN WEWENANG MAHKAMAH KONSTITUSI DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA : Wewenang, Mahkamah Konstitusi, Sistem Ketatanegaraan Republik Indonesia Masrufah; Arif Wibowo
Jurnal Penelitian Multidisiplin Vol 2 No 1 (2023): Jurnal Penelitian Multidisiplin
Publisher : Jurnal Penelitian Multidisiplin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58705/jpm.v2i1.108

Abstract

Institutionally or in the organizational system, the existence of the Constitutional Court as one of the judicial bodies that is not under the Supreme Court, like other judicial bodies and this means that there are two highest judicial bodies in judicial power, namely the Supreme Court and the Constitutional Court. The problem that already exists is how the function and position of the Constitutional Court is in the constitutional system of the Republic of Indonesia. The position of the Constitutional Court as an independent State institution in the judicial sector and has implications for the Supreme Court, if previously the position of the Supreme Court was the highest Judicial Body which oversees all Courts in the Republic of Indonesia, now there is a judicial body which is not under, even its position is equal to The Supreme Court, namely the Constitutional Court and even the Constitutional Court through its constitutional authority to review the constitutionality of laws, can postpone the exercise of the Supreme Court's authority in examining laws and regulations whose level is below the law against laws.
PERIHAL PUTUSAN DAN UPAYA HUKUM DI PENGADILAN TATA USAHA NEGARA: Putusan, Upaya Hukum, Pengadilan Tata Usaha Negara Masrufah; Arif Wibowo
Jurnal Penelitian Multidisiplin Vol 2 No 1 (2023): Jurnal Penelitian Multidisiplin
Publisher : Jurnal Penelitian Multidisiplin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58705/jpm.v2i1.109

Abstract

Indonesia as a rule of law requires all actions or deeds of the authorities, therefore Indonesia has an independent judiciary in administering judicial power to uphold the law. In Indonesia, the State Administrative Court was formed with the aim of realizing the nation's and state's life order which guarantees the equality of citizens in the law. The research method used at this writing is to use normative legal research methods. where normative legal research here can be interpreted as research aimed at examining the quality of the legal norms themselves. In the state administrative court, of course, there are matters regarding decisions and legal remedies. Therefore it can be defined that a decision according to the legal dictionary is the result of examining a case. Meanwhile, the implementation of decisions in law is a determinant of the success of the judicial control system on government attitudes and actions in the system of public protection against government actions. In addition to the existence of a decision, it is also accompanied by legal remedies where legal remedies are the right of the defeated party not to accept the court's decision, in the form of resistance or appeal or cassation or the right to submit a request for review in the case of demanding the method stipulated in the law.
Co-Authors Arif Wibowo