KEWENANGAN MAHKAMAH KONSTITUSI DALAM MELAKUKAN PENGUJIAN FORMIL PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG

Irgi Ahmad Fahrizi, NIM.: 20103040164 (2024) KEWENANGAN MAHKAMAH KONSTITUSI DALAM MELAKUKAN PENGUJIAN FORMIL PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (KEWENANGAN MAHKAMAH KONSTITUSI DALAM MELAKUKAN PENGUJIAN FORMIL PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG) 20103040164_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (4MB) | Preview
	Text (KEWENANGAN MAHKAMAH KONSTITUSI DALAM MELAKUKAN PENGUJIAN FORMIL PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG) 20103040164_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (7MB) | Request a copy

Abstract

Today in the development of state administration in Indonesia, there is a practice related to the authority to formally review Perpu by the Constitutional Court. The latest Perpu formal testing practice is the testing of Perpu Number 2 of 2022 concerning Cipta Kerja, with Case Numbers 5/PUU-XXI/2023, Number 6/PUU-XXI/2023, and Number 22/PUU-XXI/2023. In its decision, the Constitutional Court stated that the petition could not be accepted because it lost the object of the test. This practice is interesting to study because (1) Formally, the formation of Perpu is different from the formation of ordinary laws. (2) The authority possessed by the Constitutional Court in the Perpu review is the result of the interpretation of Constitutional Court Decision Number 138/PUU-VII/2009. The decision was a decision on material testing of Perpu Number 4 of 2009 concerning Amendments to Law Number 30 of 2002 concerning the Corruption Eradication Commission, which raises the question of whether the authority to test Perpu by the Constitutional Court is also in terms of formal testing. (3) Conceptually, material and formal judicial review are different. Therefore, the formulation of the problem arises: How is the authority of the Constitutional Court in formally examining Perpu? What can be taken into consideration by the Constitutional Court in the Perpu formal review? This research is a normative legal research (normative juridical) with data collection method through literature study related to Perpu legislation and judicial review by the Constitutional Court. To answer these problems, this research will use a statute approach and conceptual approach. The data obtained will then be analysed qualitatively. Based on the results of the research, it is answered that the authority of the Perpu formal review by the Constitutional Court is after the Perpu is approved as a law or after going through a political review by the House of Representatives of the Republic of Indonesia (DPR RI). This is because in Perpu legislation, the most important formal aspect is the "case of compelling urgency" which is an absolute requirement for the enactment of Perpu and the approval or rejection of the DPR on Perpu in the next session. Therefore, the assessment is more appropriate if it is done after the Perpu is approved by the DPR into law. n the formal examination of the Perpu, the Constitutional Court can consider aspects of the Perpu legislative procedure which includes (1) the Perpu is formed by the right institution (2) made with appropriate procedures, and (3) the decision-making on the approval of the Perpu is valid. In addition to procedural aspects, the Constitutional Court can also consider aspects of urgency in the formal testing of Perpu.

Share this knowledge with your friends :

Actions (login required)

View Item