Detail Problematika TAP MPR dalam hierarki peraturan perundang-undangan dan peluang judicial review ke Mahkamah Konstitusi Bibliografi Author: Trinanda, Desip ; Yuliandri ; Fahmi, Khairul Topik: MPR; TAP MPR/S; Hierarchy of Legislation; Constitutional Court; Judicial Review Bahasa: (ID )     Tahun Terbit: 2022     Jenis: Article - diterbitkan di jurnal ilmiah nasional Fulltext: Problematika TAP MPR.pdf (221.5KB; 0 download) Abstract In the course of the Indonesian state administration, the People’s Consultative Assembly (MPR) underwent a transformation from the highest state institution to a high state institution. This transformation has implications for the authority of the MPR, where before the Amendment to the 1945 Constitution (UUD 1945) the MPR was authorized to issue the MPR/S TAP, while after the Amendment to the 1945 Constitution it was not authorized. After the enactment of Law Number 12 of 2011 concerning the Establishment of Legislations as amended by Law of the Republic of Indonesia Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning the Establishment of Legislations and amended again by Law Law of the Republic of Indonesia Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Establishment of Legislation (UU PPP), TAP MPR/S is re-entered into the hierarchy of legislation as regulated in Article 7 letter b. This creates serious problems in the concept of a constitutional state in Indonesia and at the same time harms the constitutional rights of citizens. The reason is that there is no state institution authorized to examine the TAP MPR/S if it is found to be contrary to the 1945 Constitution. This research uses a normative legal research method with a statute approach and a conceptual approach. The results showed that the TAP MPR which is still valid now is still binding even though the MPR is no longer authorized to issue the TAP MPR/S. This study provides recommendations, namely; first, the prevailing TAP MPR/S must be converted into law so that it can be tested before the Constitutional Court; and second, the Constitutional Court must interpret the constitution by accepting the request for a judicial review of the TAP MPR/S against the 1945 Constitution as long as the TAP MPR/S that is still in effect has not been converted into law. Kajian editorial Artikel dari : Jurnal Legislasi Indonesia, Volume 19 No. 3, September 2022 : Halaman 396-409 Opini Anda Klik untuk menuliskan opini Anda tentang koleksi ini! Lihat Sejarah Pengadaan  Konversi Metadata   Kembali

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