Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia

Research Article

Final Properties Factices and Binding Constitutional Court Decisions by Adding Judicial Order Law Instruments in Testing the Law of the Basic Law

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  • @INPROCEEDINGS{10.4108/eai.17-7-2019.2303373,
        author={Salsabila  Akbar and Retno  Saraswati and Fifiana  Wisnaeni},
        title={Final Properties Factices and Binding Constitutional Court Decisions by Adding Judicial Order Law Instruments in Testing the Law of the Basic Law},
        proceedings={Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICSTIAMI},
        year={2021},
        month={1},
        keywords={nature of decision of the constitutional court legal facticity judicial order},
        doi={10.4108/eai.17-7-2019.2303373}
    }
    
  • Salsabila Akbar
    Retno Saraswati
    Fifiana Wisnaeni
    Year: 2021
    Final Properties Factices and Binding Constitutional Court Decisions by Adding Judicial Order Law Instruments in Testing the Law of the Basic Law
    ICSTIAMI
    EAI
    DOI: 10.4108/eai.17-7-2019.2303373
Salsabila Akbar1,*, Retno Saraswati1, Fifiana Wisnaeni1
  • 1: Fakultas Hukum, Universitas Diponegoro, Jl. Prof. H. Soedarto, S.H., Semarang, Indonesia 50275
*Contact email: salsabillakbar@gmail.com

Abstract

The purpose of this study is to explain the legal facticity of the nature of the Constitutional Court's ruling, and explain and analyze the importance of adding judicial order legal instruments to the ruling of the Constitutional Court in Indonesia. This study uses a normative juridical approach with descriptive analytics dy to obtain secondary data. Data analysis techniques uses a qualitative analysis method. The conclusion of this research is the decision of the Constitutional Court has the nature of a final and binding decision that has been regulated in Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia which is reaffirmed in Article 10 paragraph (1) letters a through d of the Law Number 8 of 2011 concerning Amendment to Law Number 24 of 2003 concerning the Constitutional Court. The existence of legal facticity from the nature of the Constitutional Court's ruling cannot be implemented due to a shift in the Constitutional Court's ruling variant, resulting in the need for further action by the state administrators so that the ruling can be implemented. The problem of the inaccuracy of the decision is due to the absence of a follow-up of the government organ that makes the Constitutional Court requiring the addition of a judicial order legal instrument in the Constitutional Court's decision on judicial review of the Basic Law as one of the efforts to resolve the problem in the Constitutional Court decision.