Amsir Law Jurnal (ALJ)
Vol 2 No 1 (2020): Oktober

Antinomi Kewenangan Mahkamah Konstitusi dalam Menguji Peraturan Pemerintah Pengganti Undang-Undang

Muhammad Taufiq Hafid (Universitas Gadjah Mada)
Willy Talentaniko (Universitas Gadjah Mada)
Yudi Pratama Tanjung (Universitas Gadjah Mada)



Article Info

Publish Date
23 Sep 2020

Abstract

Government Regulation a Substitute for laws (Perppu) is president right to regulate something in terms of compelling urgency. Perppu issued by the president must be immediately determined by the House of Representatives to be declared rejected or accepted. Article 24 C Constitution of Republic Indonesia 1945 stipulates that authority of Constitutional Court is to only examine the law against Constitution of Republic Indonesia 1945, not the Perppu. However, Constitutional Court through decision No. 138 / PUU-VII / 2009 states that the Constitutional Court has authority to examine Perppu against Constitution of Republic Indonesia 1945. The Perppu made by president make a new legal norms that give rise to new legal status, new legal relationships and new legal consequences. Constitutional Court interprets that norms contained in Perppu are as binding as norms in the law. In conducting tests, Constitutional Court does not distinguish between formal and material laws.

Copyrights © 2020






Journal Info

Abbrev

alj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Amsir Law Journal (ALJ) is a peer-reviewed journal published by Sekolah Tinggi Ilmu Hukum (STIH) Amsir. ALJ is published twice a year in April and October. This journal provides direct open access to content with the principle of free availability in the public interest and supports greater global ...