FIAT JUSTISIA: Jurnal Ilmu Hukum
Vol 17 No 3 (2023): Issue In progress (July 2023)

Constitutional Authority Based on the Constitutional Court Decision in Indonesia

Iskandar Muda (Universitas YARSI)
Bintan R. Saragih (Universitas Pelita Harapan)
Ferry Edwar (Universitas Trisakti)



Article Info

Publish Date
26 Sep 2023

Abstract

At least there has been a development regarding the constitutional authority of the Constitutional Court in four ways based on its decision. It is also true that the Constitutional Court's decision is final and binding, but not in the sense of not being examined further. This study uses normative research methods. The results revealed four developments in the constitutional authority of the Constitutional Court in three ways: passive, active, and passive-active methods. Furthermore, it was also revealed; that there are also development efforts that have occurred more than once in the same matter. Therefore, in the future when the Constitutional Court decides on cases related to its authority, ideally by observing the limiting signs of the previous decision and considering the three basic characteristics of constitutional interpretation. Likewise, in the future there is another development regarding the constitutional authority of the Constitutional Court. In that case, it is appropriate to also pay attention to the three basic characteristics of constitutional interpretation.

Copyrights © 2023






Journal Info

Abbrev

fiat

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Fiat Justisia: Jurnal Ilmu Hukum is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research encompassing specifically concerning human rights, policy, values of Islam. These may include but are not limited to various fields such ...