Sihaloho, Elisabeth
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Quo Vadis Eksistensi Rancangan Undang-Undang Pengelolaan Ruang Udara di Indonesia Sihaloho, Elisabeth
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

The law draft of Air Space Management, which has been proposed by the Government since 2019, has not received clarity regarding time of ratification. The Problem of air space has become an important issue that cannot be avoided along with the rapid development of the times which makes it possible to degrade the sovereignty of a nation and state through air space. This legal research will examine the urgency of establishing the airspace management law and the positive implications or benefits obtained through the formation of this legal issue. With this type of normative juridical research, this research focuses on reviewing principles and theories which are analyzed using a statutory and regulatory approach and accompanied by literature study in data collection such as book, journal and relevant things for this research
JUDICIAL PREVIEW OLEH MAHKAMAH KONSTITUSI SEBAGAI UPAYA PREVENTIF PERLINDUNGAN HAK KONSTITUSIONAL (STUDI KOMPERASI DENGAN MAHKAMAH KONSTITUSI CHILI) Sihaloho, Elisabeth; Wisnaeni, Fifiana
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

The existence of the Constitutional Court as stated in the provisions of Article 24C of the 1945 Constitution has established the dignity of the Constitutional Court's position as a Guardian of the Constitution which is understood as a judicial institution that protects the constitutional rights of Indonesia citizens. This research is aimed at solving the problem of the constitutional rights of Indonesia citizens who are often injured through legal products in the form of laws. Therefore, this study focuses on studying, analyzing and comparing how the context of judicial preview or can be understood as a test of a draft law both formally and materially as a form of preventive protection of citizen’s constitutional rights. The writing of this journal is a normative juridical research based on a literature study by examining and understanding the basic mechanism regarding the provisions for testing laws in positive law in Indonesia accompanied by the act of analyzing the process of implementing judicial preview (testing of draft laws) carried out by the Chilli Constitutional Court. The final result of writing this journal is in the form of a prospective study of the expansion of the authority of the Constitutional Court of Indonesia in conducting a judicial preview (testing of draft laws) which can later be expected to be adopted in positive legal provisions.