MAHKAMAH KONSTITUSI SEBAGAI POSITIVE LEGISLATURE DALAM PENGUJIAN UNDANG-UNDANG TERHADAP UNDANG-UNDANG DASAR 1945
ABSTRACT: Constitutional Court
as one of the institutions in judicial power holders, get special attention
because the laws were issued. Product legal form that is bothpositive
legislature decision considered to have displacement of the authority Constitutional
Court from a negative into a positive legislature. The legal conditions cause
various polemics and phenomena in the system of constitutional law in
Indonesia, that related validity constitution and implementation of the positive
legislature’s decisions. Purpose of this study was to determine the constitutionality
of positive legislature decisions in Indonesia and implementation of the
decision by the government in Indonesia’s legal system. This research is a normative
study, which the authors tried to collect and analyze data on the writing of
literature. The source of data is divided into primary, secondary and tertiary
data. Constitutionality of the positive legislture’s decisions by Constitutional
Court when viewed under Article 24C of the 1945 Constitution is not
contradictory. Because the Indonesian constitution does not provide authority to
limit the Constitutional Court issued a legal product. In addition, the legal reasoning
in the Constitutional Court issued a positive legislatur’s decision needs to be
considered in valid decision of the Constitutional Court. Where most of the
legal considerations given in the Court issued a positive legislature’s decision
is to achieve justice for the substantive constitutional rights holders. Whereas,
for the implementation of positive legislature’s decision if not immediately
followed by legislator, is valid since it was decided in court. Given the
Indonesian legal system that is more influenced by positivism, needs to be made
to understand the written regulations related to the authority of the Constitutional
Court to issue a ruling in particular legal product that is positive legislature.
In addition, for the effectiveness of the delivery of law in Indonesia should
also be made binding rules for the legislator in order to more quickly respond
to any product preformance law issued by the Constitutonal Court therefore do
not trigger a legal vacuum in Indonesia’s legal system .
Penulis: Syara Nurhayati
Kode Jurnal: jphukumdd151205
