Mahkamah Konstitusi dan HAM: Masalah Pidana Mati
Abstract: Mahkamah Konstitusi
(MK) has a fundamental role in addressing human rights issue in Indonesia. As
the guardian of the constitution, MK should protect human rights provision
under Chapter XA of the UUD 1945. In order to complete its function, MK has an
authority to invalidate unconstitutional legislation by judicial review
mechanism. A legislation can be declared unconstitutional if it violates human
rights provision of the UUD 1945. The problematic of judicial review of human
rights in Indonesia is the vague relationship between Art. 281.1 and Art. 281.2
of the UUD 1945. The author suggests that Art. 281.2 the UUD 1945 can not be
utilized as an ultimate tool to derogate Art. 28I.l of the UUD 1945. But in the
capital punishment constitutionality case the author thinks that it should be a
matter of legal policy of the government as a legislator which can not be
intervened by MK.
Keywords: Mahkamah Konstitusi; Human Rights; Capital Punishment
Penulis: Fadjar, A. Mukthie
Kode Jurnal: jphukumdd090090
