ANALISA YURIDIS TERHADAP DISSENTING OPINION PADA PUTUSAN HAKIM MAHKAMAH KONSTITUSI REPUBLIK INDONESIA
Abstract: The existence of the
Constitutional Court as an institution holder of an independent judicial
authority, specified in Paragraph C of Article 24 (1) of the Constitution of
the Republic of Indonesia Year 1945 In deciding a request, if not achieved
deliberations said the decision was taken through a vote or a majority vote.
Constitutional Court of dissent remains loaded in the verdict is often called
Dissenting Opinion. The formulation of the problem in this research are: 1)
Does the rule of law that is used in the Dissenting Opinion Judge's decision of
the Constitutional Court of the Republic of Indonesia? 2) How is the
implementation Dissenting Opinion in the Court decision the Constitutional
Court of the Republic of Indonesia? The research method used is a normative legal
research. Source data used are secondary data, ie data obtained by researchers
from or indirectly through an intermediary, such as: Legal Materials Primary,
Secondary Legal Materials, Materials Tertiary Law. The conclusion from this
research: 1) The rule of law that is used in the Dissenting Opinion verdict
Judge Constitutional Court of the Republic of Indonesia is: Under Article 32 of
the Constitutional Court Regulation No. 6 of 2005, 2) Entry Dissenting Opinion
in the Court decision the Constitutional Court of the Republic of Indonesia is:
In Testing Law No. 50 / PUU-XII / 2014, and in the case of Judicial Review of
Law No. 43 / PUU-XIII / 2015, states: granted the petition in whole, as well as
in terms of Testing Act No. 100 / PUU-XII / 2015 states: granted the petition
in part, because it is contrary to the Constitution of the Republic of
Indonesia Year 1945; and does not have the force of law, and ordered the
promulgation of this Decision in the Official Gazette of the Republic of
Indonesia.
Penulis: Ahmad Mahmul Lubis
Kode Jurnal: jphukumdd170012
