Open AccessAtypical Rulings of the Indonesian Constitutional Court
Author(s) -
Bisariyadi Bisariyadi
Publication year - 2016
Publication title -
hasanuddin law review
Language(s) - English
Resource type - Journals
eISSN - 2442-9899
pISSN - 2442-9880
DOI - 10.20956/halrev.v1n2.306
Subject(s) - constitutional court , law , political science , justiciability , judicial review , law of the case , judicial independence , legislation , precedent , constitutional law , court of record , original jurisdiction , common law , supreme court , constitution , human rights
In deciding judicial review cases, the Court may issue rulings that is not in accordance to what is stipulated in the Constitutional Court Law (Law Number 8 Year 2011). Atypical rulings means that the court may reconstruct a provision, delay the legislation/rulings enactment or give instruction to lawmakers. In addition, the court also introduce the “conditionally (un)constitutional” concept. This essay attempts to identify and classify these atypical rulings, including conditionally (un) constitutional rulings, by examined the constitutional court judicial review rulings from 2003 to 2015. This study will provide a ground work for advance research on typical rulings by the Indonesian constitutional court.