UJI FORMIL UNDANG-UNDANG OLEH MAHKAMAH KONSTITUSI PERSPEKTIF SIYASAH DUSTURIYAH (STUDI TERHADAP PUTUSAN MK NOMOR 70/PUU-XVII/2019 DAN PUTUSAN MK NOMOR 79/PUU-XVII/2019 )

Putri Aisyah, NIM.: 18103070087 (2022) UJI FORMIL UNDANG-UNDANG OLEH MAHKAMAH KONSTITUSI PERSPEKTIF SIYASAH DUSTURIYAH (STUDI TERHADAP PUTUSAN MK NOMOR 70/PUU-XVII/2019 DAN PUTUSAN MK NOMOR 79/PUU-XVII/2019 ). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The formal review which has never been granted since the constitutional court was established, many submissions for formal examinations were proven even though in legal considerations, the Constitutional Court still refuses on the grounds of the principle of expediency not based on the principles of justice and legal certainty. The formal review of law is a serious problem because it must guard a democratic legal state that prioritizes justice and constitutional truth. Therefore, in this study there are two formulations of the problem. First, how the formal review of the law by the constitutional court to the against the Constitutional Court’s decision No. 70/PUU-XVII/2019 and decision of the constitutional court 79/PUU-XVII/2019. Second, how is Siyasah Dusturiyah’s perspective related to the formal review law of the by the Constitutional Court the Constitutional Court’s decision No. 70/PUU-XVII/2019 and No. 79/PUU-XVII/2019?. This research is a type of library research which is descriptive analytic by using a normative juridical approach in order to gain understanding and the data obtained. The Analytic that uses the theory of formal legal testing and Siyasah Dusturiyah as a theoretical foundation in this study. Secondary data sources that support primary data legal materials are the 1945 Constitution of the Republic of Indonesia, Law No. 12 of 2011 Concerning the Establishment of Legislation, Constitutional Court’s decision No. 70/PUU-XVII/2019 and Decision of the constitutional court 79/PUU-XVII/2019, and secondary data legal materials in the form of books journals, theses, articles, and scientific works are from the internet. The result of the research based on the analysis is that the formal review of the law by the Constitutional Court in the Constitutional Court’s Decision No. 70/PUU-XVII/2019 and the Constitutional Court Decision No. 79/PUU-XVII/2019 was rejected in its entirety because it was not based on law, in fact the Law No. 19 of 2019 starting from the planning stage to the ratification stage, it only lasted 14 days, there were many inconsistencies with the applicable law, of Law No. 12 of 2011 Concerning the Formation of Legislation in the theory of formal review of the Law on KPK Law No. 19 of 2019 with a formal disability. In the perspective of Siyasah Dusturiyah, the Constitutional Court is part of the Sulthah Qadhaiyyah in Wilayah Almazalim that is the highest judicial institution that resolves cases that violate the interests or actions of state officials who violate the rights of the people themselves. The Constitutional Court’s decision on the formal review of the KPK Law, that this the Constitutional Court’s Decision No. 70/PUU-XVII/2019 and the Constitutional Court’s Decision No. 79/PUU-XVII/2019 contradicts Siyasah Dusturiyah how a policy must be in accordance with the constitutional and carry policies that do not burden the people.

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