The authority granted by the Constitution to the Constitutional Court as one of the judicial powe... more The authority granted by the Constitution to the Constitutional Court as one of the judicial power institutions that plays a role in guarding the constitution and because of its role the Constitutional Court is the highest interpreter of the Constitution of the Republic of Indonesia of the 1945 Constitution of the Republic of Indonesia. the 1945 Constitution of the Republic of Indonesia still needs to be interpreted by the Constitutional Court. In practice in Indonesia, decisions of the Constitutional Court can be found that use various methods of interpreting the constitution to assess the constitutionality of a legal norm. For example, in relation to realizing a democratic constitutional system, Through the Constitutional Court Decision No. 14/PUU-XI/2013 regarding the constitutionality review of Law no. 42 of the 1945 Constitution of the Republic of Indonesia Year 2008 concerning the General Election of the President and Vice President as well as in the Constitutional Court Decision Number 32/PUU-X/2012 Regarding the Concept of Regional Autonomy, it is known that judges use various interpretation methods such as originalism, grammaticalism, and teleology. The results of this study describe the extent to which the judges' efforts in realizing a democratic state administration system are examined through the constitutionality of the constitutional interpretation pattern by the Constitutional Court. In interpreting the constitution, constitutional judges are free to use any interpretation method. However, the freedom to choose and use the interpretation method must remain within the corridors of Pancasila and the 1945 Constitution. Judges must be careful, able to pay attention to, explore the nature of or reflect on an article provision in legal norms in accordance with the values of Pancasila and the 1945 Constitution.
The authority granted by the Constitution to the Constitutional Court as one of the judicial powe... more The authority granted by the Constitution to the Constitutional Court as one of the judicial power institutions that plays a role in guarding the constitution and because of its role the Constitutional Court is the highest interpreter of the Constitution of the Republic of Indonesia of the 1945 Constitution of the Republic of Indonesia. the 1945 Constitution of the Republic of Indonesia still needs to be interpreted by the Constitutional Court. In practice in Indonesia, decisions of the Constitutional Court can be found that use various methods of interpreting the constitution to assess the constitutionality of a legal norm. For example, in relation to realizing a democratic constitutional system, Through the Constitutional Court Decision No. 14/PUU-XI/2013 regarding the constitutionality review of Law no. 42 of the 1945 Constitution of the Republic of Indonesia Year 2008 concerning the General Election of the President and Vice President as well as in the Constitutional Court Decision Number 32/PUU-X/2012 Regarding the Concept of Regional Autonomy, it is known that judges use various interpretation methods such as originalism, grammaticalism, and teleology. The results of this study describe the extent to which the judges' efforts in realizing a democratic state administration system are examined through the constitutionality of the constitutional interpretation pattern by the Constitutional Court. In interpreting the constitution, constitutional judges are free to use any interpretation method. However, the freedom to choose and use the interpretation method must remain within the corridors of Pancasila and the 1945 Constitution. Judges must be careful, able to pay attention to, explore the nature of or reflect on an article provision in legal norms in accordance with the values of Pancasila and the 1945 Constitution.
Uploads
Papers by risky yoga