CONSTITUTIONAL DISOBEDIENCE TERHADAP PUTUSAN MAHKAMAH KONTITUSI OLEH ADDRESAT PUTUSAN DALAM PENGUJIAN UNDANG-UNDANG

Risma Ridhani Istiqomah, NIM.: 21103070050 (2025) CONSTITUTIONAL DISOBEDIENCE TERHADAP PUTUSAN MAHKAMAH KONTITUSI OLEH ADDRESAT PUTUSAN DALAM PENGUJIAN UNDANG-UNDANG. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Defiance of the Constitutional Court's decision can be categorized as constitutional disobedience because in essence, the Constitutional Court was established to protect the constitution. In some cases, the Constitutional Court's decision is not obeyed by the executive, legislative and judicial institutions. Thus, this thesis will discuss the causes of constitutional disobedience, ideal legal construction based on legal studies in several countries, and constitutional disobedience behavior based on the perspective of siyasah qadhaiyyah. The type of research used is library research. The approach used in this thesis uses a legislative approach, conceptual approach, and comparative approach. This research is descriptive-analytic. The theory used is the theory of the concept of constitution disobedience, the theory of final and binding principles and the theory of siyasah qadhaiyyah. The results concluded that first, the causes of constitutional disobedience have violated the principle of morality and the principle of justice in the concept of constitution disobedience. Second, the ideal legal rules that can be adopted in Indonesia include supervising the implementation of the Constitutional Court's decision and building synergized relations between state institutions. Then, reconstructing the law related to the implementation of the Constitutional Court's decision in the form of adding the word “binding” to the nature of the Constitutional Court's decision. Third, constitutional disobedience behavior has violated the principle of maslahah in the al-mazhalim area. The act of constitutional disobedience is basically the authority of the al-mazhalim region because this act is a form of injustice between government officials and the community.

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