Judicial Review of Constitutional Court Decisions (An Idea for Future Procedural Review System)

DOI

10.2991/978-2-38476-315-3_64How to use a DOI?

Keywords

Constitutional Court Authority; Procedural Examination; Constitutional Court Decisions; Decision Number 145/PUU-XXI/2023

Abstract

The Constitutional Court is one of the authorities responsible for examining laws against the 1945 Constitution of the Republic of Indonesia. The implementation of the duties and authority of the Constitutional Court in conducting material and procedural review of laws against the 1945’s Republic of Indonesian Constitution is a process that is typically carried out by the Court of Constitutional Law. However, the procedural review of the Constitutional Court Decisions represents a novel approach for the Constitutional Court. On January 16, 2024, the Constitutional Court decided a case of procedural analysis of the 90/PUU-XXI/2023 Constitutional Court Decision. This event was notable for being the first instance in which the Constitutional Court handled a case of procedural review the constitutional court decision as contained in decision number 145/PUU-XXI/2023 of the Constitutional Court. The objective of this study is to provide a description of the theoretical rationality of the procedural review of the Constitutional Court Decision. The authors employed a normative method with a conceptual approach, namely the examination of principles and theories related to the procedural review of the Constitutional Court Decision. Researchers employ secondary data collection techniques to gather materials. In this study, several issues are examined, including the possibility of the Constitutional Court having the authority to procedurally review the Court of Constitutional Law Decision and the concept of methods review of the Court of Constitutions Decision from a progressive legal theory perspective.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Puguh Apriyanto
AU  - Lego Karjoko
PY  - 2024
DA  - 2024/12/24
TI  - Judicial Review of Constitutional Court Decisions (An Idea for Future Procedural Review System)
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 468
EP  - 474
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_64
DO  - 10.2991/978-2-38476-315-3_64
ID  - Apriyanto2024
ER  -