The Binding Power of Constitutional Court Decisions Based on Law Number 8 of 2011 Concerning Amendments to Law Number 24 of 2003
Published:
2026-06-09Abstract
The purpose of this study is to examine the binding force of Constitutional Court decisions based on Law Number 8 of 2011 concerning Amendments to Law Number 24 of 2003. The research method used is a normative research method with a legislative study approach and a conceptual approach, the legal language analysis used is the method of legislative interpretation and authentic interpretation as well as philosophical studies. The results of this study are that the Constitutional Court's decision is final, namely that the Constitutional Court's decision immediately obtains legal force from the moment it is pronounced and no legal remedies are taken. The final nature of the Constitutional Court's decision in this Law also includes binding legal force (final and appeal). This final Constitutional Court decision does not provide an opportunity for the addressee of the decision to take other legal channels. In other words, this provision contains injustice because it does not provide space for reviewing the decision. In fact, it is very possible for the judge to make an error or be negligent in deciding so that the decision is inappropriate or gives rise to subsequent justice issues. Regarding the problem of justice in the provisions on the final nature of the Constitutional Court's Decision, it is basically an answer to the question: what is the basis that supports the Constitutional Court's decision being the first and final level decision and no legal action can be taken to cancel it.
Keywords:
Binding Power Constitutional Court Decision.References
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