PENGUJIAN PERUNDANG-UNDANGAN HUKUM PIDANA OLEH MAHKAMAH KONSTITUSI DALAM KAITAN DENGAN PERLINDUNGAN HAK ASASI MANUSIA
Abstract: Criminal law should
synchronize with spirit and soul of the constitutionto respect human rights and
democracy. But history proof that criminallaw is more often to be use for
violate human rights and silentdemocracy. That cause is one of the reason for
constitutional court toestablish to guard law specially criminal law in order
to match with theconstitution. Base on the authority gave by the constitution
so farconstitutional court had done the role maximally in examination
thesynchronization criminal law act with the constitution, but that authorityis
limited and passive. In implementation phase, it has not been anypositive
changed in spirit and soul of the law enforcement to be matchedwith spirit for
respecting human rights and democracy to establish thecriminal law.
Penulis: Erdianto
Kode Jurnal: jphukumdd110113
