Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Execution of Constitutional Court Verdicts in Achieving a Constitutional Rule of Law in Indonesia

Author(s): Lita Tyesta, Ani Purwanti, Adissya

One of the authorities granted by the 1945 Constitution of the Republic of Indonesia to Constitution Court is the judicial review of the 1945 Constitution of The Republic of Indonesia. This shows the progress made in Constitutional Law in Indonesia and its 1945 Constitution. From 2004 to 2015 many verdicts were pronounced by the Constitutional Court. Some of these verdicts have been implemented, some have not. The non-execution of the court’s verdicts is a constitutional violation as Article 24 C section 1 of the 1945 Constitution says that Constitutional Court’s verdicts are final and binding, and as such, they have legal force right after reading in court hearings. The non-implementation of the Constitutional Court’s verdicts is because, under Indonesian Law, a constitutional court verdict requires parliamentary approval/ratification for an immediate implementation since the Constitutional Court itself does not have an instrument or an executorial institution to carry out verdicts. This is a normative research drawing on constitutional provisions and court rulings. The study shows that the Indonesian legal system adheres to the concept of constitutionality. However, the study notes the unconstitutionality of many laws enacted by the House of Representatives. This is counterproductive to democracy and the rule of law in Indonesia. Legislation must not only ensure that the Constitutional Court's verdicts are immediately complied with according to the 1945 Constitution but also provide sanctions when there is non-compliance.

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