JOURNAL of LEGAL RESEARCH
Vol 4, No 1 (2022)

KEWENANGAN PENGUJIAN PERATURAN PERUNDANG-UNDANGAN (Analisis Perbandingan Antara Negara Indonesia Dengan Negara Prancis)

Fathudin Fathudin (UIN Syarif Hidayatullah Jakarta)
Annisa Hidayatush Sholikha (Ilmu Hukum UIN Syarif Hidayatullah Jakarta)
Ismail Hasani (UIN Syarif Hidayatullah Jakarta)



Article Info

Publish Date
06 Mar 2022

Abstract

This study describes comparison problems of Judicial Reviews in Indonesia and France. Which is where in the comparison, there is an equation and Judicial Review of the Prevailing Laws. This study aims to determine the development of the Judicial Review in Indonesia and French. In particular, this thesis explores a method of Judicial Review between Indonesia and France. The results show that, in Indonesia, there are two institutions that carry out Judicial Review, namely the Supreme Court and the Constitutional Court. This is the basis for the comparison of Judicial Review with the French state, which in the French state is only carried out with one institution, namely the Constitutional Council. In general, the practice of Constitutionality contains various aspects such as institutional aspects, procedures and the nature of the decision. In the institutional context, a special institutionalization model is to form an institution such as the Constitutional Court in Indonesia. Then a model of testing by establishing a new body specifically but having a political character and not a judicial body was found in France with the Conseil Constitutionnel. The existence of a Constitutionality Review agency has implications for the procedural aspects and forms of testing it.

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Journal Info

Abbrev

jlr

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution ...