Atypical Rulings of the Indonesian Constitutional Court

In deciding judicial review cases, the Court may issue rulings that is not in accordance to what is stipulated in the Constitutional Court Law (Law Number 8 Year 2011). Atypical rulings means that the court may reconstruct a provision, delay the legislation/rulings enactment or give instruction to l...

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Bibliographic Details
Main Author: Bisariyadi
Format: Article
Language:English
Published: Hasanuddin University 2016-08-01
Series:Hasanuddin Law Review
Subjects:
Online Access:http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/306/173
Description
Summary:In deciding judicial review cases, the Court may issue rulings that is not in accordance to what is stipulated in the Constitutional Court Law (Law Number 8 Year 2011). Atypical rulings means that the court may reconstruct a provision, delay the legislation/rulings enactment or give instruction to lawmakers. In addition, the court also introduce the “conditionally (un)constitutional” concept. This essay attempts to identify and classify these atypical rulings, including conditionally (un) constitutional rulings, by examined the constitutional court judicial review rulings from 2003 to 2015. This study will provide a ground work for advance research on typical rulings by the Indonesian constitutional court.
ISSN:2442-9880
2442-9899