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742.01 YOH W

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Indonesia

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742.01

-

-

-

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Putusan Mahkamah Kostitusi Nomor 97/PUU-XI/2013. Pada hal itu bukan merupakan kewenangan Makamah Konstitusi, sehingga penulis sarankan sebaiknya Makamah Konstitusi jangan lagi melakukan judicial review agar tidak terjadi sengketa kewenangan. ABSTRACT To establish a State of law in which the constitutional rights of its citizens are protected, the reference point as a rail to do or not to do good society or government must be subject to the applicable rules or regulations. On the basis of that then came the idea or idea to test the legislation which in essence is to guarantee and protect Human Rights, especially citizens who feel their rights are impaired by the enforcement of legislation. The method used in this research is normative law research. Which discusses the normative aspects of law in conceptual approaches and approaches to the provisions of legislation. The discussion in this research is focused on the regulating provisions related to the model of testing the laws and regulations in some of the more strictly regulated countries in Indonesia traced from the Constitution of RIS 1959, the 1950 Constitution, the 1945 Constitution which has also been elaborated in the Act. The results of this study also indicate that the authority to test Government Regulation in Lieu of Law (PERPPU) is in the House of Representatives as regulated in Article 22 paragraph (2) and (3) of the 1945 Constitution. But in practice that Constitutional Court has also done Judicial review on PERPPU namely Decision of the Constitutional Court Number 138 / PUU-VII / 2009

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