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All Journal Asian Journal of Social and Humanities
Amzulian Rifai
Universitas Jayabaya
Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Legal Certainty In The Implementation of Judicial Review Decisions By The Constitutional Court In Indonesia Bun Joi Phiau; Amzulian Rifai; Abdul Latif
Asian Journal of Social and Humanities Vol. 3 No. 5 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i5.497

Abstract

This study aims to analyze the implementation of Constitutional Court decisions in Indonesia, particularly focusing on the gap between the legal force of such decisions and their actual enforcement. Despite the Constitutional Court's decisions being final and binding, many are not implemented in accordance with the principle of erga omnes, leading to legal uncertainty and hindering the achievement of justice. This research employs a normative juridical approach, utilizing the theory of the state of law, the constitution, and legal certainty as analytical tools. The study's findings indicate that while Constitutional Court decisions have permanent legal force and should be binding on all parties, inconsistent implementation by institutions such as the House of Representatives and the President remains a significant issue. The primary cause of non-compliance is often the lack of adequate legislative responses or the absence of clear implementing regulations. Furthermore, the study highlights that an ideal implementation of Constitutional Court decisions would require stronger monitoring mechanisms and sanctions to ensure compliance. In conclusion, this study recommends revising relevant laws and regulations and establishing more detailed implementation procedures to support the effective execution of Constitutional Court decisions, ensuring legal certainty, justice, and public trust in the legal system.
Co-Authors Abdul Latif Bun Joi Phiau