<![CDATA[The study elaborated on the construction of “conflict of legal norms†in constitutional review scheme. There are eleven problems as result of this study, which include: The ideology of the state “Pancasila†as a standard review of “conflict of legal norms†act against 1945 constitution; Constitutional court has a review of act passed before and after 1945 Constitution amendment with standard of 1945 constitution; 1945 constitution is “the living constitution†for the enforcing of law and justice; Constitutional court has authority to review of act against 1945 constitution by vertical and horizontal perspective; enforceability aspect of constitutional review is a part of material review, not formal review; the meaning of “conflict of legal norms†must be comprehend elaborated in the decisions to enforcing of law and justice; Constitutional Court does not used priority of the original intent interpretation and remained unfulfilled of other model interpretation if original intent interpretation caused ineffectiveness of constitution; non constitution be permitted for the formal review, but in material review is not implement; “nemo judex idoneus in propria causa†of procedural law principle can remained unfulfilled by “ius curia novit†principle to promote of the 1945 constitution; the formal review of “conflict of legal norms†can remained unfulfilled by utility principle to priority of legal substance; the retroactive decision caused legal  uncertainly.]]>
Copyrights © 2014
