Article Per Year (5 Year)
p-Index From 2019 - 2024
0.444
P-Index
This Author published in this journals
All Journal JOURNAL EQUITABLE Kasta: Jurnal Ilmu Sosial, Agama, Budaya dan Terapan
Indra Fatwa
Unknown Affiliation
Education Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search
Journal : JOURNAL EQUITABLE

 1 
Putusan Mahkamah Konstitusi yang Bersifat Mengatur (Positive Legislature) dalam Upaya Menghadirkan Keadilan Substantif Indra Fatwa
JOURNAL EQUITABLE Vol 5 No 2 (2020)
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v5i2.2480

Abstract

Abstract This research is a normative study, taking into account and referring to the laws and regulations and decisions of the related Constitutional Court. The problems examined are: First, does the Constitutional Court have the authority to make decisions that are positive legislature? Second, whether the reasons and considerations of the Constitutional Court judges made a positive legislature decision in decision No. 14 / PUU-XI / 2013? The results showed that: a. The Constitutional Court is normatively not authorized to issue positive legislature decisions. However, on the basis of efforts to bring substantive justice to the community, in several decisions the Constitutional Court Judges felt the need to make legal breakthroughs. b. The reasons and considerations of the Constitutional Court Justices in the decision No. 14 / PUU-XI / 2013 to make a regulatory decision is a consideration of insufficient time for legislators to make new rules if the decision is carried out at that time. Given that the General Election stage was already underway.
Co-Authors Aidil Haris Amalia, Asrinda Khusnul Hanafi Raja Widya Novchi