A PROPOSAL TO ADOPT CONCRETE JUDICIAL REVIEW IN INDONESIAN CONSTITUTIONAL COURT: A STUDY ON THE GERMAN FEDERAL CONSTITUTIONAL COURT EXPERIENCES
نویسندگان
چکیده
The study aims to propose an adoption concrete judicial review in Indonesian Constitutional Court based on the experiences of German Federal Court. It was motivated by weak protection citizen’s constitutional rights ordinary court; and absence authority at This used doctrinal legal research method with documents or regulations, cases, comparative analyses. confirms role judges courts proceeding system, especially protecting fundamental from legislatures’ law violations Articles 93, 94, 100 Basic Law GFCC Act. needs a future is best reference. There are several arguments. arguments facts explain necessity for Firstly, there many cases faced Secondly, it can provide solutions dualism problem conflicted decisions between Supreme Thirdly, strengthen (general, religious, military, administrative courts) generate obligation uphold 1945 Constitution. proposal through amendment Constitution ideal way create certainty institutions Indonesia.
منابع مشابه
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ژورنال
عنوان ژورنال: Padjadjaran: jurnal ilmu hukum (Journal of law)
سال: 2023
ISSN: ['2460-1543']
DOI: https://doi.org/10.22304/pjih.v10n2.a1