%A NIM.: 20103070096 Muhammad Fadhil Irvansyah Antero Persada
%O Proborini Hastuti, S.H., M.H.
%T KONSTITUSIONALITAS PENGUJIAN UNDANG-UNDANG HASIL RATIFIKASI PERJANJIAN INTERNASIONAL OLEH MAHKAMAH KONSTITUSI PERSPEKTIF SIYASAH QADHA’IYYAH
%X The authority of the Constitutional Court (MK) to review laws ratifying
international treaties, along with the implications of this authority for the
protection of citizens constitutional rights and the supremacy of the constitution,
remains a subject of ongoing debate within Indonesian constitutional law. This
debate arises from the position of ratification laws at the intersection of national
and international law, particularly regarding the possibility of reviewing them
against the 1945 Constitution of the Republic of Indonesia. This study examines
the constitutional perspective on the Constitutional Court's review of laws
ratifying international treaties and analyses the implications of such reviews from
the perspective of siyasah qadha’iyyah (Islamic judicial policy).
This study employs a normative-juridical approach, utilising a literature
review method that examines relevant legislation, legal doctrines, and
Constitutional Court rulings. A systematic analysis is conducted to understand the
basis of the Court's authority and its impact on the relationship between
national ,international law and fiqh siyasah.
The result of this research indicate that the Constitutional Court possesses
the constitutional authority to review ratification laws because, once ratified,
international treaties become part of the national legal system in the form of
statutes that must comply with the constitution. Such review serves as a crucial
mechanism for ensuring the conformity of legal norms with the 1945 Constitution
while simultaneously protecting citizens' constitutional rights. However, the
invalidation of a ratification law by the Court applies only within the domestic
legal sphere and does not automatically terminate Indonesia's obligations under
the international treaty in question. The Court's authority to review ratification
laws embodies the principle of constitutionalism, which establishes the
constitution as the supreme law of the state. From the perspective of siyasah
qadha’iyyah, this role reflects the function of the judiciary in safeguarding the
constitution, protecting citizens' rights, and upholding the principles of the rule of
law.
%K Mahkamah Konstitusi, Undang-Undang Ratifikasi, Siyasah
Qadha’iyyah
%D 2026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib79646