Open AccessConstitutional Compliance Solution to Law Testing Rulings in the Constitutional Court
Author(s) -
Tri Sulistyowati,
Ali Ridho,
Muhammad Imam Nasef
Publication year - 2021
Publication title -
jambura law review
Language(s) - English
Resource type - Journals
eISSN - 2656-0461
pISSN - 2654-9255
DOI - 10.33756/jlr.v3i0.10735
Subject(s) - normative , constitutional court , compliance (psychology) , praxis , law , political science , action (physics) , deferral , state (computer science) , judicial review , constitution , law and economics , sociology , psychology , computer science , economics , social psychology , physics , accounting , algorithm , quantum mechanics
One of the current constitutional issues in Indonesia is the non-compliance of the decision to immediately follow up the decision of the Constitutional Court, which is final. This paper aims to analyze forms of non-compliance with the decision of the Constitutional Court and create a model that is expected to be a solution to the problem. This type of research is juridical normative by using secondary data processed by editing and systematization techniques. The results showed the form of non-compliance of the decision of the Constitutional Court by the addresat of the decision is manifested in 3 (three) forms, namely normative, praxis, and normative and praxis forms. There are three proposed state-regulation solutions, namely judicial deferral by limiting the time of action, re-affirmation of judicial restraint, collaborative action, and collective awareness between state institutions.