agsel, awanisa and Yusdiyanto, YUSDIYANTO and Siti, Khoiriah The The Position of Constitutional Complaint in the Constitutional Court of the Republic of Indonesia. PANCASILA AND LAW REVIEW. ISSN p-ISSN: 2723-262X

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Abstract

The purpose of this research is to determine the constitutional complaint mechanism based on comparisons in other countries, practices, and adaptation of constitutional complaints under the authority of the Constitutional Court of the Republic of Indonesia.Many cases with constitutional complaint substance have been submitted to the Constitutional Court of the Republic of Indonesia even though they don’t have this authority. This research uses a normative legal research method using a statutory approach, a conceptual approach, a comparative approach, and a case approach. This research indicates that the constitutional complaint mechanism in Germany, South Korea, and South Africa has been wellimplemented.In practice, cases with constitutional complaint substance are filed to the Constitutional Court of the Republic of Indonesia by changing the form by using the legal means of a judicial review, such as case number 16/PUU-VI/ 2008, case number140/PUU-XIII/2015 and case number 102/PUU-VII/2009.Due to the consideration of the structure, substance, and culture of law, adaptation of constitutional complaint within the authority of the Constitutional Court of the Republic of Indonesia needs to be carried out by amending Law Number 24 of 2003 jo. Law Number 7 of 2020 concerning the Constitutional Court.

Item Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User:	SITI KHOIRIAH
Date Deposited:	29 May 2021 00:33
Last Modified:	29 May 2021 00:33
URI:	http://repository.lppm.unila.ac.id/id/eprint/31155

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