Dilematis Hukum Mahkamah Konstitusi dalam Perspektif Putusan

Rubaie, Achmad (2018) Dilematis Hukum Mahkamah Konstitusi dalam Perspektif Putusan. Dilematis Hukum Mahkamah Konstitusi dalam Perspektif Putusan, 2 (2). ISSN 2613-9995

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Abstract

In its development, demands for amendments or changes to the 1945 Constitution of the Republic of Indonesia eventually became a common need of the Indonesian people. Furthermore, the demand was realized in a comprehensive, gradual and systematic manner in four changes through the mechanism of the special session of the People's Consultative Assembly (MPR) from 1999 to 2002. This research is normative legal research, namely legal research which focuses on legal review or study positive. In accordance with the scientific character of normative law, the study of positive laws includes the study of legal dogmatism, review of legal theory, and review of legal philosophy. From the review of several decisions of the Constitutional Court (MK) which are ultra petita, it was found that in making decisions on cases filed with the Constitutional Court, both relating to Judicial Review and settlement of electoral disputes. Theoretically, the Constitutional Court Judge, in his consideration, is more inclined to use the type of interpretation of the contextualization of the original values from the type of textual interpretation or interpretation of originalism, so that the Constitutional Court judge's discretionary space is wide open, which results in distorting legislative authority. , especially in the case of judges creating and formulating new norms. Keywords: Legal Dilemma, Constitutional Court Decision, Constitutional Law.

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