Open Legal Policy Peraturan Perundang-undangan Bidang Politik dalam Putusan Mahkamah Konstitusi. (Studi terhadap Putusan MK Bidang Politik Tahun 2015-2017)

Abstract

This study has two formulations of problem, which are; first, why Constitutional Court in the six rulings states that articles put on trials are open legal policies. Second, how the implication of open legal policy reviewed from Constitutional Court rulings within three laws and regulation on politics? The type of this research is normative juridical research using constitutional and conceptual approach. Result of the research are: first, Constitutional Court judgment in the two rulings are legal norms that is not arranged in detail in 1945 Constitution, so it can be said as open legal policy. While on the fourth others Constitutional Court rulings, it is not explicitly discuss open legal policy but the fourth of them have the same conclusion. Second, open legal policy implication from Constitutional Court rulings in the three Politics Regulations, which are (1) the decreasing balances in state order, (2) the disappearance opportunity to gain justice in social order. Suggestion given is, regulation on politics that arranges on politics will be easier inserted by interest of certain group and pragmatic purpose, then in the trail for regulation on politics that contains open legal policy, Constitutional Court must be thorough and bold because it does not mean Constitutional Court cannot put it on trial.