Jurnal Ilmiah Raad Kertha
Vol 3, No 1 (2020)

Karakter Final Putusan Mahkamah Konstitusi Dalam Melaksanakan Kewenangan Sesuai Pasal 24C Ayat (1) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945

Zuhro Nuridahwati (Universitas Mahendradatta)



Article Info

Publish Date
09 Jul 2020

Abstract

The Constitutional Court is within the scope of the Judicial Power and occupiesa strategic position in the Indonesian constitutional structure. MK as one of the stateinstitutions that was born from the reformation in 1998. MK as a judicial institution hasa very important and strategic task, said to be the sole interpreter of the Republic ofIndonesia's state constitution. Article 24C paragraph (1), of the 1945 Constitution of theRepublic of Indonesia, the Constitutional Court has the authority to adjudicate at the firstand last level the final decision to review the law against the Constitution, to decide ondisputes over the authority of state institutions whose authority is granted by theConstitution, to decide upon the dissolution of parties politics, and decide upon disputesabout the results of general elections. The results of the study and analysis, the provisionsof the 1945 Constitution of the Republic of Indonesia and Law Number 24 Year 2003,found legal issues that become legal problems faced by the Constitutional Court, arerelated to their position, competence, and form of decisions, which often makes legalcertainty uncertain or absurd, and conflicts norm, it is very interesting to be studied as acentral theme of the dissertation. Understanding the Position, indicating the position anddegree of the Constitutional Court between state institutions and between the SupremeCourt and the Constitutional Court, while competency shows the competency boundarybetween the Constitutional Court and the Supreme Court, which has attributie authority,first and foremost authority, born from the format of the government system and thedistribution of state power . Attributie authority as the first and main center forresponsibility and at the same time the basis of delegating authority in the form of delegatie.

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Journal Info

Abbrev

raadkertha

Publisher

Subject

Social Sciences

Description

Jurnal Ilmiah Raad Kertha is a peer-review scholarly Law Journal issued by Faculty of Law Universitas Mahendradatta which is purported to be an instrument in disseminating ideas or thoughts generated through academic activities in the development of legal science (jurisprudence). Jurnal Ilmiah Raad ...