Jurnal Cakrawala Hukum
Vol 11, No 1 (2020): April 2020

Tertib hukum pembentukan peraturan perundang-undangan pasca putusan Mahkamah Konstitusi

Haru Permadi (Fakultas Hukum Universitas Brawijaya Malang)



Article Info

Publish Date
27 Apr 2020

Abstract

The state of law the main aspect that must be considered is legal certainty. Legal certainty can be realized with the government forming legislation that does not conflict between legal components. One component of the law is a judicial decisions which in this article focuses on the Constitutional Court’s decisions. One of the Constitutional Court’s decisions is the decision on the examination of the Act  against the Constitution. In that decision there are statements that contradict or not contradict a norm that is tested by the Constitution. This research purpose is  to examine whether the Constitutional Court’s decisions is considered by the legislators to realize legal certainty. A method of writing in this research uses the method of doctrinal research or commonly referred to as normative research. The research results show that there are legislations which are formed in opposition of the Constitutional Court’s decisions particularly relating to judge the legal opinion. Minister of Law and Human Rights Regulation No. 14 of 2019 concerning Ratification of Cooperatives mentions in Article 6 paragraph (3) there are five types of cooperatives, whereas the Constitutional Court's decisions mentions that restrictions on the type of cooperatives will block the creativity of cooperatives. Therefore the guarantee of legal certainty in the legislation does not materialize.How to cite item: Permadi, H. (2020). Tertib hukum pembentukan peraturan perundang-undangan pasca putusan Mahkamah Konstitusi. Jurnal Cakrawala Hukum, 11(1), 50-59. doi:https://doi.org/10.26905/idjch.v11i1.3642 

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Journal Info

Abbrev

jch

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Cakrawala Hukum, is a scientific periodical of the Faculty of Law, University of Merdeka Malang, which includes a variety of research in the field of law, or the analysis of actual case studies, or ideas related to the actual law. A Scientific periodical is intended as a means of ...