Yuridika
Vol. 29 No. 2 (2014): Volume 29 No 2 Mei 2014

KONVENSI KETATANEGARAAN SEBAGAI BATU UJI DALAM PENGUJIAN UNDANG-UNDANG DI MAHKAMAH KONSTITUSI

Weldy Agiwinata (Universitas Palangkaraya)



Article Info

Publish Date
06 May 2014

Abstract

This research attempts to analyze in normative manner the use of constitutional convention as source of laws and cause of action for Constitutional Court (Mahkamah Konstitusi) in constitutional review and to explain further the meaning of constitutional convention as unwritten law. This research indicates that: constitutional convention cannot be included into legal regulation hierarchy. Refers to the meaning and concept of convention as unwritten law cannot be included because it will violate the essence of constitutional convention as unwritten law; The role of constitutional law is to cover the weaknesses of constitutional regulations can be used as a companion to written constitution serves as reference for The Constitutional Court, so that the existing and respected constitutional values and practices need to be considered. It also functions to preserve values which are considered as sacred or it is considered impossible to amend the constitution quickly because of constitutional issues.Keywords: constitutional court, constitutional convention, unwritten law

Copyrights © 2014






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...