Research Article
Weighing Legal Considerations as the Basis for Decision Making in a Constitutional Court Law Testing Case Under Article 24 (C) Paragraph 1 of the 1945 Constitution
@INPROCEEDINGS{10.4108/eai.25-5-2024.2349344, author={Ocktave Ferdinal and Suparno Suparno}, title={Weighing Legal Considerations as the Basis for Decision Making in a Constitutional Court Law Testing Case Under Article 24 (C) Paragraph 1 of the 1945 Constitution}, proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2024}, month={8}, keywords={legal considerations decision making in a law testing case constitutional court article 24 (c) paragraph 1 of the 1945 constitution}, doi={10.4108/eai.25-5-2024.2349344} }- Ocktave Ferdinal
Suparno Suparno
Year: 2024
Weighing Legal Considerations as the Basis for Decision Making in a Constitutional Court Law Testing Case Under Article 24 (C) Paragraph 1 of the 1945 Constitution
ICLSSEE
EAI
DOI: 10.4108/eai.25-5-2024.2349344
Abstract
In addition to the 1945 Constitution and specific laws regulating the Constitutional Court (MK), the Criminal Code (KUHP) is crucial in law testing. Article 156a of the Criminal Code on blasphemy often undergoes constitutional review to ensure alignment with religious freedom in Article 28E(1) of the 1945 Constitution. This requires analyzing the proportional and non-discriminatory application of criminal provisions. The principle of legality in Article 1(1) of the Criminal Code mandates that punishable acts be based on pre-existing legislation, ensuring laws are not retroactive and respect legal certainty. The Constitutional Court's decisions must thus consider the 1945 Constitution, laws about the MK, Criminal Code provisions, and broader legal principles, ensuring comprehensive, constitutionally-based legal integrity. This normative research uses legal and conceptual methodologies, relying on secondary data and qualitative descriptive analysis, concluding deductively from general to specific. Findings emphasize the importance of legal considerations in the MK's decision-making. Article 24C paragraph (1) of the 1945 Constitution underscores the MK's role in ensuring laws do not contradict the constitution. Through in-depth legal analysis, the MK ensures Indonesian laws align with constitutional principles, protect human rights, and guarantee justice and legal certainty for all citizens.
