IMPLEMENTASI PUTUSAN MAHKAMAH KONSTITUSI DALAM PERUMUSAN NORMA PERATURAN PERUNDANGAN DI INDONESIA OLEH DEWAN PERWAKILAN RAKYAT

Abstract

The decision of the Constitutional Court based on Article 24C Paragraph (1) is final and binding, meaning that the Decision of the Constitutional Court is binding when pronounced and there is no legal remedy for the decision. However, in practice, the Constitutional Court Decision which clearly states a norm contradicts the 1945 Constitution, but the canceled norms are reprinted by the legislature which results in defiance of the Constitutional Court Decision. Re-loading of norms that have been canceled by the Constitutional Court is not justified in the Indonesian law. This is based on Article 24C paragraph (1) of the 1945 Constitution and Article 10 paragraph (1) letter d jo of Article 23 paragraph (1) of Law Number 12 Year 2011.