relation: https://digilib.uin-suka.ac.id/id/eprint/50497/
title: DISKRESI MAHKAMAH KONSTITUSI  SEBAGAI INSTRUMEN THE GUARDIAN OF THE CONSTITUTION  PERSPEKTIF KEKUASAAN KEHAKIMAN
creator: Iswandi, S.H, NIM.: 18203010019
subject: Hukum Tata Negara
subject: Hukum Islam
description: Article 10 of act number 8 of 2011 emphasizes the Constitutional Court  verdict to acquire a permanent legal force directly after its pronouncement as  well as the final and binding. However, there arose a constitutional problem that  the Constitutional Court verdict is still being implemented by the State Official,  and by the act number 15 of 2019 on the Formulation of Legislation, the  amendment of the law is included as a result of constitutional judge verdict. Such  disobedience is a form of the constitution emergency as the supremacy of  constitution and the Constitutional Court as the guardian of the constitution is  optimally implemented. The purpose of this research is to reaffirm the verdict as  the supremacy in guarding the supremacy of constitution.  This research uses the library research method or normative legal  research and also uses the descriptive analysis which displays a description of the  strengthening and expanding of the authority of the Constitutional Court. The  research approach is using the juridical or statute approach and normative  approach. The theoretical basis uses in this research is the supremacy of law and  judicial authority (Al-Sultha Al-Qadha‟iyah).  The results of this research, so far the Constitutional Court based on the  prevailing provisions have not maximally answered the problematics in the  constitutional state if disobedience occurs to the verdict issued. The reason is that  the Constitutional Court does not have a system such as executive and legislative  branches, meanwhile the rules still unable to accommodate the state's  disobedience to the constitutional judicature verdict. Thus, to streamline and  strengthen the escort of the constitution then the author formulates the concept of  discretion as a policy step by the Constitutional Court to reaffirm the verdicts that  are not adhered to by the state institution.
date: 2020-05-28
type: Thesis
type: NonPeerReviewed
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/50497/1/18203010019_ISWANDI_BAB%20I_BAB%20V_DAFTAR%20PUSTAKA_CURRICULUM%20VITAE.pdf
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/50497/2/18203010019_ISWANDI_BAB%20II_BAB%20III_BAB%20IV.pdf
identifier:   Iswandi, S.H, NIM.: 18203010019  (2020) DISKRESI MAHKAMAH KONSTITUSI SEBAGAI INSTRUMEN THE GUARDIAN OF THE CONSTITUTION PERSPEKTIF KEKUASAAN KEHAKIMAN.  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.