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

Abstract

The Role of Indonesia Constitutional Court Decision in the Process of Establishing the Law: A Case Study in the Process of Establishing the Law on General Elections

Author(s): Wicipto Setiadi, Diani Sadiawati,Aurora Jillena Meliala, Handar Subhandi Bakhtiar, Beniharmoni Harefa

This paper examines the role of the Constitutional Court's decision in the process of harmonization/formation of the law. This research was conducted with the method of normative legal research by using library materials, legal materials and non-legal materials by using a statutory approach and a conceptual approach. From the results of the research conducted, it turns out that the Constitutional Court's decision related to the judicial review of the Act has a very large role in the process of harmonization/formation of the Law. If the legislators in formulating their norms ignore the Constitutional Court's decision, then the norms of the law can be said to be unconstitutional and have the potential to be submitted for judicial review. Law norms that accommodate the Constitutional Court's decision in addition to fulfilling constitutionality values and avoiding judicial review, will also be accepted by the wider community and apply effectively and efficiently.

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