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All Journal Jurnal hukum IUS PUBLICUM Media Hukum Indonesia (MHI)
Apriliani, Syifa
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Humanities Law, Crime, Criminology & Criminal Justice Other

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Reorientasi Politik Hukum Dalam Pembentukan Undang-Undang di Indonesia Maswah, Eris Zanatul; Afrizal, Rafli; Sundawi, Sabina; Apriliani, Syifa
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15286855

Abstract

Reorientation of legal politics in the formation of laws and regulations in Indonesia with a focus on the relationship between the values of Pancasila, state ideology, and legal politics that develop from time to time. As the fundamental norm of the state, Pancasila is the main guide in the formation of laws and regulations. However, reality shows that there are deviations in the direction of legal policies that tend to accommodate the ideology of liberalism and capitalism, especially in the fields of economics, politics, and natural resource management. This research uses a normative juridical approach to analyze the relationship between the legislative process, ideological values of political parties, and their impact on legal policy. The results of the study show that the formation of laws and regulations is often influenced by the political and ideological dynamics of factions in parliament, giving rise to the need to restore legal orientation to a direction that is in line with the values of Pancasila. So it must emphasize the importance of reorienting legal politics that strengthens the integrity of the Pancasila ideology in all aspects of the life of the nation and state.
KONSEKUENSI SIFAT FINAL DAN MENGIKAT PUTUSAN MAHKAMAH KONSTITUSI TERHADAP PUTUSAN YANG BERPOTENSI KELIRU Mulyadi, Dedi; Lananda, Ardelia; Putri Hidayat, Feyza Ashila; Muldiyanti, Suci; Apriliani, Syifa
Jurnal Hukum Ius Publicum Vol 7 No 1 (2026): Jurnal Hukum Ius Publicum
Publisher : LPPM Universitas Doktor Husni Ingratubun Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55551/jip.v7i1.720

Abstract

Constitutional Court decisions have the unique characteristic of being final and binding. This characteristic means that decisions made by the Constitutional Court immediately acquire permanent legal force upon pronouncement and are binding on all citizens, state institutions, and related parties. The absence of further legal remedies such as appeals, cassation, or judicial review makes Constitutional Court decisions absolute in the Indonesian constitutional system. On the one hand, this characteristic aims to guarantee legal certainty, maintain the stability of the legal system, and prevent conflicts of interpretation of the constitution. However, on the other hand, this final and binding nature can raise problems if the resulting decision has the potential to contain errors in the interpretation of norms, legal considerations, or resulting policy implications. This condition creates a dilemma between the principles of legal certainty and substantive justice in constitutional practice. This study aims to analyze the consequences of the final and binding nature of Constitutional Court decisions on the possibility of potentially erroneous decisions. The method used is a normative approach by examining relevant laws and regulations, legal theory, and doctrine. The results of the study show that although a final and binding nature is necessary to maintain the supremacy of the constitution, an academic oversight mechanism and constitutional evaluation are still needed to minimize the potential for errors in Constitutional Court decisions.
Co-Authors Afrizal, Rafli Dedi Mulyadi Lananda, Ardelia Maswah, Eris Zanatul Muldiyanti, Suci Putri Hidayat, Feyza Ashila Sundawi, Sabina