cover
Contact Name
Pan Mohamad Faiz
Contact Email
Pan Mohamad Faiz
Phone
-
Journal Mail Official
consrev@mahkamahkonstitusi.go.id
Editorial Address
-
Location
Kota adm. jakarta pusat,
Dki jakarta
INDONESIA
Constitutional Review
ISSN : 24600016     EISSN : 25483870     DOI : -
Core Subject : Social,
Constitutional Review is a law journal published by the Constitutional Court of the Republic of Indonesia twice a year. The primary purpose of this journal is to disseminate research, conceptual analysis and other writings of scientific nature on constitutional issues. Articles published cover various topics on constitutions, constitutional courts, constitutional court decisions and issues on constitutional law either in Indonesia or other countries all over the world. This journal is designed to be an international law journal and intended as a forum for legal scholarship which discusses ideas and insights from law professors, legal scholars, judges and practitioners.
Arjuna Subject : -
Articles 12 Documents
Search results for , issue "Vol 3, No 2 (2017)" : 12 Documents clear
An Analysis of Subjectum Litis and Objectum Litis on Dispute about the Authority of State Institution from the Verdicts of the Constitutional Court Anna Triningsih; Nuzul Qur’aini Mardiya
Constitutional Review Vol 3, No 2 (2017)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (401.466 KB) | DOI: 10.31078/consrev325

Abstract

The relationship of mutual control and balance between state institutions gives an opportunity for the emergence of the dispute about the authority of state institutions, especially the dispute about the constitutional authority. In relation to a dispute about authority of state institutions given by the 1945 constitution, a judicial institution is used to resolve the dispute. That judicial institution is the Constitutional Court. The court can evaluate the subjectum litis and objectum litis from the dispute about the authority of state institutions. Therefore that matter will be resolved definitively by the verdict of the Constitutional Court where the verdict is permanent and binding, then later it will become a jurisprudence, and it will be used as a reference. There are eight verdicts of the Constitutional Court related to disputes about the authority of state institutions which are related to the subjectum litis and objectum litis, such as: The verdict of The Consitutional Court No.004/SKLN-IV/2006; the verdict of the Consitutional Court No.030/SKLN-IV/2006; the verdict of the Consitutional Court No. 26/SKLN-V/2007; the verdict of the Consitutional Court No. 27/SKLN-VI/2008; the verdict of the Consitutional Court No. 1/SKLN-VIII/2010; the verdict of the Consitutional Court No. 2/SKLN-IX/2011; the verdict of the Consitutional Court No. 5/SKLN-IX/2011; and the verdict of the Consitutional Court No. 2/SKLN-X/2012.
Relation between the Constitutional Court of the Republic of Indonesia and the Legislators according to the 1945 Constitution of the Republic of Indonesia Fajar Laksono; Sudarsono Sudarsono; Arief Hidayat; Muchammad Ali Safaat
Constitutional Review Vol 3, No 2 (2017)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (310.5 KB) | DOI: 10.31078/consrev321

Abstract

This research aims to analyze and to describe the relation between the Constitutional Court of the Republic of Indonesia (CC) with the People Representatives’ Council and the President of the Republic of Indonesia as legislators by looking on implementation of CC’s decision through the legislation in the period 2004-2015. Using doctrinal research, it can be seen how the constitutional mandate in the CC’s decision are implemented by the legislator through the legislation. The results are: (a) legal opinions of the CC’s decision have a binding power; (b) a constitutional mandate in the legal opinion is intended as guidance for the legislators regarding what the 1945 Constitution requires; (c) directives to the legislator in the legal opinions should be implemented because it is the implementation of the principle of checks and balances according to the 1945 Constitution, (d) implementation of the CC’s decisions through legislation does not have standard mechanism and does not become the priority of legislation, and (e) relation between the CC with the legislators can not be categorized in black and white in cooperative or confrontative, but shows ups and downs between cooperative and confrontative relations. Cooperative relations are realized when the constitutional mandate is formulated strongly so it is implemented by the legislator as the formula. Relationships tend to be cooperative in the implementation of the constitutional mandate of the decision, but not a priority of legislation. Meanwhile, the confrontative relations is seen from the constitutional mandate of the CC decisions which are not implemented.

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