Jurnal Konstitusi
Vol. 19 No. 4 (2022)

Problematika Peraturan Mahkamah Konstitusi dan Implikasinya

Adam Ilyas (The Constitutional Court of the Republic of Indonesia, Indonesia)
Dicky Eko Prasetio (Fakultas Ilmu Sosial dan Hukum, Universitas Negeri Surabaya)



Article Info

Publish Date
01 Dec 2022

Abstract

The position of the Constitutional Court Regulation (PMK) in the hierarchy of laws and regulations is not strictly regulated, so it is not known where it is located, or which institution has the right to conduct a judicial review of it. Therefore, this study will examine three things, namely: (i) the position of PMK; (ii) the implications of PMK that have not been promulgated; and (iii) the institution entitled to conduct a judicial review of PMK. The research method used is the normative legal research method. The result is that PMK has a "conditional" position equivalent to a presidential regulation because it has the same function. Despite having the same "conditional" position, the PMK has so far not been able to be tested by any institution because it has not been promulgated in the State Gazette, which should also imply that it cannot bind the public. Therefore, PMK should be promulgated in the State Gazette to bind the public, and the institution entitled to examine it is the Supreme Court. That way, the parties to the proceedings at the Constitutional Court will obtain legal certainty and protection.

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Journal Info

Abbrev

jk

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law and another ...