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All Journal Journal of Progressive Law and Legal Studies
Mujhad, M. Hadin
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Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Ius Constituendum of an Equitable Dispute Resolution Mechanism for Constitutional Complaints Kristian, Kristian; Mujhad, M. Hadin; Murhaini, Suriansyah; Buana, Mirza Satria
Journal of Progressive Law and Legal Studies Том 3 № 02 (2025): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v3i02.1658

Abstract

The settlement of constitutional complaint disputes represents a legal mechanism that may be undertaken by a branch of judicial power, such as the Constitutional Court (Mahkamah Konstitusi). This mechanism is intended to ensure the upholding of the law and the protection of citizens' constitutional rights. This mechanism has long been implemented in several countries—such as South Korea, Germany, and Thailand. However, in Indonesia, no legal framework currently governs constitutional complaints. The absence of such regulation has resulted in the lack of a legal mechanism for resolving cases involving violations of constitutional rights. This article examines two key aspects: first, the theory and practice of constitutional complaint dispute resolution, and second, the ius constituendum regarding constitutional complaint resolution in Indonesia. The study highlights the necessity of comprehensive regulation to ensure legal certainty and justice within the Indonesian legal system. The research adopts a normative juridical method, using statutory, case-based, conceptual, and comparative approaches.
Co-Authors Kristian, Kristian Mirza Satria Buana Suriansyah Murhaini