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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum
Bintan R. Saragih
Universitas Pelita Harapan
Law, Crime, Criminology & Criminal Justice

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Constitutional Authority Based on the Constitutional Court Decision in Indonesia Iskandar Muda; Bintan R. Saragih; Ferry Edwar
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 3 (2023): Issue In progress (July 2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no3.2636

Abstract

At least there has been a development regarding the constitutional authority of the Constitutional Court in four ways based on its decision. It is also true that the Constitutional Court's decision is final and binding, but not in the sense of not being examined further. This study uses normative research methods. The results revealed four developments in the constitutional authority of the Constitutional Court in three ways: passive, active, and passive-active methods. Furthermore, it was also revealed; that there are also development efforts that have occurred more than once in the same matter. Therefore, in the future when the Constitutional Court decides on cases related to its authority, ideally by observing the limiting signs of the previous decision and considering the three basic characteristics of constitutional interpretation. Likewise, in the future there is another development regarding the constitutional authority of the Constitutional Court. In that case, it is appropriate to also pay attention to the three basic characteristics of constitutional interpretation.
Co-Authors Ferry Edwar Iskandar Muda