PELEMBAGAAN MEKANISME PENGUJIAN NORMA KONKRET (CONSTITUTIONAL QUESTION) DALAM SISTEM PENGUJIAN KONSTITUSIONAL

NOFAN, NIM. 16340083 (2020) PELEMBAGAAN MEKANISME PENGUJIAN NORMA KONKRET (CONSTITUTIONAL QUESTION) DALAM SISTEM PENGUJIAN KONSTITUSIONAL. Skripsi thesis, UNIVERSITAS ISLAM NEGERI SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Amendments to the 1945 Constitution have given birth to new institutions as actors of judicial power named the Constitutional Court whose authority is regulated in Article 24C paragraph (1) and (2) of the 1945 Constitution of the Republic of Indonesia. The authority of the Constitutional Court which is directly related to the constitutional rights of citizens is the authority to examine the law against the constitution (constitutional review). Through this authority, the Constitutional Court has a role as a protector of citizens' constitutional rights. Constitutional rights are rights guaranteed by the constitution, while the constitution is a fundamental law (fundamental), the constitutional rights are fundamental rights that must be protected. However, the protection of citizens' constitutional rights through constitutional review in the Constitutional Court is not fully accommodated. Because until now there has not been a mechanism for protecting constitutional rights for citizens who are involved in litigation in court through concrete norm testing / constitutional question. The problem in this study is: Are there constitutional obstalces to implementing a mechanism for testing concrete norm and how is the arrangement pattern to be aplied in the constitutional testing system in the constitutional court of the republic of Indonesia? To answer this problem, this research uses a historical juridical approach with data collection methods through library research related to the history of constitutional testing in Indonesia as well as the conception of concrete norm testing / constitutional question. All data collected is then analyzed qualitatively. The theoretical framework used in this thesis is the theory of the rule of law and the theory of constitutional testing. After tracing the original intent and constructing constitutional testing arrangements in the Constitutional Court, the results of this study found that the absence of a mechanism for testing concrete norms in the constitutional testing system in the Constitutional Court was because "forgotten" by the legislators to be accommodated in the Constitutional Court Law as a derivation of the 1945 Constitution of the Republic of Indonesia. Constitutionally, there are no obstacles to implementing it as part of constitutional review. Even though the application of concrete norm testing is done, it is not a new authority, but as an improvement of the authority of the Constitutional Court which is governed by the current constitution. The regulatory pattern that can be used to institutionalize the testing mechanism for concrete norms is actually quite regulated or included at the level of the law (in casu of the Constitutional Court Law) without having to make changes to the provisions in the 1945 Constitution, especially Article 24C paragraph (1). In addition, it is necessary to integrate-interconections of the Constitutional Court and the Supreme Court through synchronizing the laws and regulation so as to ensure the functioning of the constitutional question mechanism properly.

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