Legacy: Jurnal Hukum dan Perundang-undangan
Vol 1 No 2 (2021): Edisi Agustus 2021

KETIDAKPATUHAN PEMERINTAH TERHADAP PUTUSAN PENGADILAN SEBAGAI IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 24/PUU-XV/2017

Ahmad Gelora Mahardika (Hukum Tata Negara UIN Sayyid Ali Rahmatullah)
Mizza Faridatul Anifah (Hukum Tata Negara UIN Sayyid Ali Rahmatullah)



Article Info

Publish Date
15 Aug 2021

Abstract

The verdict of the Constitutional Court Number 24 / PUU-XV / 2017 which rejects the petition for judicial review Article 33 of Law Number 2 Year 2011 on Amendments to Law Number 2 of 2008 on Political Parties presents problems in the Indonesian constitutional system. The Constitutional Court as a constitution escort institution is seen as justifying the actions of the government that interpret the norms in this law subjectively. The ambiguity of this article causes the Government to be reluctant to execute court decisions that have permanent legal force. Indirectly, that’s decision make Djan Faridz's constitutional rights lost. This is because even though there have been several court decisions that have permanent legal force (inkracht van gewisjde), Djan Fraidz still has not received approval from the government. This condition is due to the Minister of Law and Human Rights interpreting subjectively the provisions in Article 33 which regulate internal party political disputes and in the norm stated that the Court's decision is the final decision and there is no dictum requiring the Minister to ratify the results of court decisions.

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Journal Info

Abbrev

legacy

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

LEGACY: Jurnal Hukum dan Perundang-undangan is a scientific journal contains original works from lecturers, researchers, students, and other concerned parties who have not been published or are not on the publication in the form of articles on the research and conceptual ideas on the subject of ...