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Fajar Laksono Soeroso, Fajar Laksono
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Law, Crime, Criminology & Criminal Justice Other

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Memaknai Kecenderungan Penyelesaian Konflik Batas Wilayah Ke Mahkamah Konstitusi Soeroso, Fajar Laksono
Jurnal Konstitusi Vol 9, No 3 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (523.817 KB) | DOI: 10.31078/jk%x

Abstract

The trend of border conflict resolution to the Constitutional Court is interesting to analyzed. This analysis founded three interesting things that the Supreme Court decision did not resolve the problem but it raises a new problem, the precedent decision of the Constitutional Court may cancelling the Supreme Court decision, and the trial process in Constitutional Court felt more fair and openess. From its trend emerging of new legal loophole, which the parties became adressat Supreme Court decision not run a Supreme Court decision. This legal loophole seemed to justify    the unlawful acts because the Supreme Court decision has binding and should be implemented.This trend is not a question of rivalry between the Supreme Court    and Constitutional Court, but rather about how the judiciary presents a reliable judicial process and is believed by the justice seekers so that decisions can resolve the problem and  implemented.
Aspek Keadilan dalam Sifat Final Putusan Mahkamah Konstitusi Soeroso, Fajar Laksono
Jurnal Konstitusi Vol 11, No 1 (2014)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (226.44 KB) | DOI: 10.31078/jk%x

Abstract

The final nature of the Constitutional Court’s decisions is often questioned. The main problem, among others, when the justice seekers of Constitutional Court, there is nothing else to do but to accept and implement the Court’s decision although shackled and deprived of justice by the Constitutional Court. This paper confirms the absence of the issue of the fairness aspect of the Constitutional Court when the justice seekers recognize and understand at least three (3) terms, namely (1)  the nature of the final position is attached to the nature of the Constitution as the supreme law so that there is no other commandment greater height of it is an effort to keep constitutional judicial authority and legal certainty; (2) the nature of the final decision of the Constitutional Court is an attempt to preserve the constitutional authority of the courts so different from the general court; and (3) possibility Constitutional Court contains the error persists considering Constitutional Court Judges are human beings, but until now, there is no better alternative replaces the final nature of the Decision.
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