Kekuatan Mengikat Putusan Pengujian Undang-Undang Oleh Mahkamah Kostitusi Terhadap Putusan Pengujian Peraturan Perundang-Undangan Oleh Mahkamah Agung

Abstract

The same authority for judicial review of legislation given to the Constitutional Court (MK) and the Supreme Court (MA), in reality, actually creates a special problem in the judicial power system in Indonesia. This problem is seen, especially in the implementation of the powers of both the Constitutional Court and the Supreme Court. As it is not uncommon for the legal norms produced by the Constitutional Court and Supreme Court decisions to contradict each other. By using a normative juridical research method combined with the Reform Oriented Research method, this article seeks to address two main problems. First, related to the binding power of judicial review decisions on the Constitutional Court against judicial review decisions under the law at the Supreme Court. Second, related to the alternative solution to the problematic decision contradiction between the Constitutional Court and the Supreme Court. This article concludes that there is a need for integration of one-stop testing of legislation under the Constitutional Court. At its peak, this article recommends synchronizing and harmonizing by making changes to the 1945 Constitution of the Republic of Indonesia, the Law on Judicial Powers, the Supreme Court Law, and the Constitutional Court Law