Alauddin Law Development Journal (ALDEV)
Vol 5 No 2 (2023): ALDEV

Kewenangan Mahkamah Konstitusi Menangani Perkara Pengaduan Konstitusional Melalui Penafsiran Konstitusi

Idris, Munawara (Unknown)
Bachri, Syamsul (Unknown)
Naswar (Unknown)



Article Info

Publish Date
13 Aug 2023

Abstract

Constitutional complaints aim to improve checks and build a good and clean government. The Constitutional Court often rejects constitutional complaints that come in on the basis of a lack of authority. However, the Constitutional Court sometimes accepts constitutional lawsuits and even grants these requests using interpretation according to the power of The Sole Interpreter of the Constitution. Therefore, the problem raised is how the interpretation is carried out by the Constitutional Court so that it can accept a constitutional lawsuit without making changes to the constitution. This study uses normative research methods with statutory, conceptual, historical, and comparative approaches. The results of this research show that through the Judicial Review window, the Constitutional Court can resolve cases of constitutional complaints using the interpretation of indicator analogies. Because the Constitutional Court may not reject a case submitted to it on the basis of the Ius Curia Novit principle.

Copyrights © 2023






Journal Info

Abbrev

aldev

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

ALAUDDIN LAW DEVELOPMENT JOURNAL (ALDEV) IS A PEER-REVIEWED JOURNAL PUBLISHED BY FACULTY OF SYARIAH AND LAW, ALAUDDIN STATE ISLAMIC UNIVERSITY. ALDEV PUBLISHED THREE TIMES A YEAR IN MARCH, AUGUST, AND NOVEMBER. THIS JOURNAL PROVIDES IMMEDIATE OPEN ACCESS TO ITS CONTENT ON THE PRINCIPLE THAT MAKING ...