Desain Eksekutorial Putusan Mahkamah Konstitusi Tentang Pengujian Undang-Undang (Studi Penegasian Putusan Mahkamah Konstitusi Oleh Putusan Mahkamah Agung)

Abstract

Dynamics of constitutional development, particularly in relation to the implementation of Constitutional Court decisions, are interesting to discuss, because they cause various problems related to the execution of Constitutional Court decisions on judicial review. In fact, Constitutional Court decisions are often not followed up or opposed by related institutions, such as the house of representatives, President, and even by the Supreme Court, causing legal uncertainty due to differences in decisions issued by the two institutions reviewing legislation. Whereas in the constitution it is emphasized that the Constitutional Court decision is final. To maintain harmony in the legal system and uphold legal supremacy. Based on this, the discussion of this research is: The first, how is the execution of the Constitutional Court Decision on the Supreme Court's Decision on judicial review? The second, how is the executive design of the Constitutional Court decisions regarding judicial review? This research is a normative legal research with primary, secondary and tertiary legal material data sources. Using a case approach, laws and regulations, and concepts. With the data collection method using literature study techniques and data analysis with a qualitative descriptive system. The results of this study. First, the absence of an instrument that can force the compliance of the Constitutional Court decision by the relevant organs as well as the arrogance causing the decision not to be followed up. In fact, the Constitutional Court decisions in judicial review have an executorial nature which must be obeyed by all relevant organs, as a manifestation of checks and balances. Second, the executive design of Constitutional Court decisions on judicial review needs to be regulated, especially decisions that still require follow-up. Among other things, through: (1) Strengthening the formulation of a final and binding nature of the Constitutional Court decision; (2) Granting limited judicial order authority to the Constitutional Court in Judicial Review; (3) Establishing a collaborative relationship between the Constitutional Court and the Supreme Court in the Judicial Review of Prevailing Laws. Keywords: Executorial, Review of Act Decisions, Constitutional Court.