Rechtsnormen Journal of Law
Vol. 2 No. 2 (2024)

Political Review by Parliament to Government Regulations in Lieu of Laws that have Been Tested by the Constitutional Court

Abadi, M. Husnu (Unknown)



Article Info

Publish Date
23 Apr 2024

Abstract

Background. The principle of the rule of law is embraced by Indonesia, which declares itself as a state of law, the 1945 Constitution of the Republic of Indonesia authorizes the Constitutional Court to test laws against the basic law. Method. This study is a normative study, with the approach of legislation and several cases. The type of data used is secondary data, with descriptive qualitative analysis. Results. The results of the study state that the use of the authority to review Perpu by the Constitutional Court is a material change in the constitution, which can reduce or deprive the constitutional rights of the DPR in using political review, or can cause the Perpu to be determined by the DPR is not in accordance with the original, because it has been tested first by the Constitutional Court. Conclusion. However, when the Constitutional Court, as the interpreter of the Constitution, declared its authority to test the constitutionality of Perpu, controversy arose: The Constitutional Court has deviated from the Constitution, and on the contrary, the Constitutional Court has been correct in interpreting the Constitution even though it has increased its authority.

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Journal Info

Abbrev

rjl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Rechtsnormen Journal of Law is a leading international journal focused on the global exchange of knowledge in Law as well as advancing research and practice across law disciplines. The journal provides a forum for articles reporting on original research, systematic and scholarly reviews focused on ...