Jambura Law Review
VOLUME 3 SPECIAL ISSUES APRIL 2021

Constitutional Compliance Solution to Law Testing Rulings in the Constitutional Court

Tri Sulistyowati (Faculty of Law Universitas Trisakti Jakarta)
Ali Ridho (Fakultas Hukum Universitas Trisakti)
M Imam Nasef (Fakultas Hukum Universitas Trisakti)



Article Info

Publish Date
01 May 2021

Abstract

One of the current constitutional issues in Indonesia is the non-compliance of the decision to immediately follow up the decision of the Constitutional Court, which is final. This paper aims to analyze forms of non-compliance with the decision of the Constitutional Court and create a model that is expected to be a solution to the problem. This type of research is juridical normative by using secondary data processed by editing and systematization techniques.  The results showed the form of non-compliance of the decision of the Constitutional Court by the addresat of the decision is manifested in 3 (three) forms, namely normative, praxis, and normative and praxis forms. There are three proposed state-regulation solutions, namely judicial deferral by limiting the time of action, re-affirmation of judicial restraint, collaborative action, and collective awareness between state institutions.

Copyrights © 2021






Journal Info

Abbrev

jalrev

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including, Criminal Law; Civil Law; International ...