TINJAUAN YURIDIS TERHADAP TINDAK LANJUT PUTUSAN MAHKAMAH KONSTITUSI DALAM PENGUJIAN UNDANG-UNDANG TERHADAP UNDANGUNDANG DASAR 1945 OLEH LEMBAGA NEGARA DI INDONESIA

Abstract

The Constitutional Court is a judicial power that was born after the reformation. One of the
important powers of the Constitutional Court is the judicial review of the 1945 Constitution, which
is often referred to as the crowning authority of the Constitutional Court. Thus, the main
background behind the birth of the Constitutional Court is because of the importance of the
authority to review laws against the 1945 Constitution. The main purpose of the authority to review
laws against the 1945 Constitution is to limit the power of state institutions in terms of establishing
and enforcing laws in Indonesia and adapting them to legal sources. the highest, namely the 1945
Constitution to the ideology of Pancasila. In practice, there are several decisions of the
Constitutional Court, especially in the case of judicial review of the Constitution which was not
followed up by state institutions in Indonesia. The purpose of this study is to determine the strength
of the decision of the Constitutional Court in testing laws against the 1945 Constitution in
Indonesia, to find out the follow-up to the decisions of the Constitutional Court in testing laws
against the 1945 Constitution by state institutions in Indonesia and to find out what is the ideal
follow-up to the decision of the Constitutional Court on judicial review of the 1945 Constitution in
Indonesia.
The research in this study is a normative research using a legal principle approach. The main
data in this study is secondary data, namely the legal literature which consists of several quotations
from various related literature sources. The other supporting research data used by researchers are
primary legal materials, secondary legal materials and tertiary legal materials.
From the discussion and research conducted by the researcher, there are several conclusions
that can be obtained, namely: First, the strength of the Constitutional Court's decision in testing the
law against the 1945 Constitution has philosophical, normative and sociological powers.
Philosophically, the Constitutional Court in examining laws against the 1945 Constitution indirectly
made the Pancasila ideology a touchstone, because the 1945 Constitution was a concretization of
the Pancasila ideology. Second, all state institutions in Indonesia must submit to the decision of the
Constitutional Court, because basically the birth of the Constitutional Court is part of the rule of law
(constitutional supremacy). However, in practice, not all state institutions follow up on decisions
from the Constitutional Court, especially in the case of judicial review of the 1945 Constitution.
Third, after researchers have provided some input on issues that have been considered to provide a
loophole for the Constitutional Court's decision, especially in terms of If the judicial review of the
1945 Constitution is not followed up, it is hoped that an ideal situation will be realized where all
state institutions will follow up on all decisions of the Constitutional Court.
Keywords : Constitutional Court – 1945 Constitusion – State Institutions