Problematics of Circular Letter as Follow-up to The Constitutional Court Decision

The Constitutional Court’s decision is final and binding. It becomes effective as soon as it is pronounced in open. In practice, however, the Constitutional Court’s decision is followed by a variety of legal products, including laws, government regulations, and presidential regulations, and some eve...

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Main Author: Irwansyah Irwansyah
Format: Article
Language:English
Published: Badan Penelitian dan Pengembangan Hukum dan HAM 2023-03-01
Series:Jurnal Penelitian Hukum De Jure
Subjects:
Online Access:https://ejournal.balitbangham.go.id/index.php/dejure/article/view/3238
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author Irwansyah Irwansyah
author_facet Irwansyah Irwansyah
author_sort Irwansyah Irwansyah
collection DOAJ
description The Constitutional Court’s decision is final and binding. It becomes effective as soon as it is pronounced in open. In practice, however, the Constitutional Court’s decision is followed by a variety of legal products, including laws, government regulations, and presidential regulations, and some even use circular letters. The method used in this paper is normative legal research. The purpose of this study is to analyze the circular letter as a follow-up to the Constitutional Court’s decision. The use of generalized letters in response to a Constitutional Court decision is deemed inappropriate. Because the dissemination is not a legal regulation, it is not necessary to follow the Constitutional Court’s decision when considering the law. In an ideal world, the Constitutional Court’s decision is followed by legislation.
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spelling doaj.art-a337842eb1bd4daf8c4f1d14dcb0f8f02023-05-22T05:11:07ZengBadan Penelitian dan Pengembangan Hukum dan HAMJurnal Penelitian Hukum De Jure1410-56322579-85612023-03-01231475810.30641/dejure.2023.V23.47-58611Problematics of Circular Letter as Follow-up to The Constitutional Court DecisionIrwansyah Irwansyah0Universitas Islam Negeri Sumatera Utara, Medan, IndonesiaThe Constitutional Court’s decision is final and binding. It becomes effective as soon as it is pronounced in open. In practice, however, the Constitutional Court’s decision is followed by a variety of legal products, including laws, government regulations, and presidential regulations, and some even use circular letters. The method used in this paper is normative legal research. The purpose of this study is to analyze the circular letter as a follow-up to the Constitutional Court’s decision. The use of generalized letters in response to a Constitutional Court decision is deemed inappropriate. Because the dissemination is not a legal regulation, it is not necessary to follow the Constitutional Court’s decision when considering the law. In an ideal world, the Constitutional Court’s decision is followed by legislation.https://ejournal.balitbangham.go.id/index.php/dejure/article/view/3238circular letterconstitutional courtdecision
spellingShingle Irwansyah Irwansyah
Problematics of Circular Letter as Follow-up to The Constitutional Court Decision
Jurnal Penelitian Hukum De Jure
circular letter
constitutional court
decision
title Problematics of Circular Letter as Follow-up to The Constitutional Court Decision
title_full Problematics of Circular Letter as Follow-up to The Constitutional Court Decision
title_fullStr Problematics of Circular Letter as Follow-up to The Constitutional Court Decision
title_full_unstemmed Problematics of Circular Letter as Follow-up to The Constitutional Court Decision
title_short Problematics of Circular Letter as Follow-up to The Constitutional Court Decision
title_sort problematics of circular letter as follow up to the constitutional court decision
topic circular letter
constitutional court
decision
url https://ejournal.balitbangham.go.id/index.php/dejure/article/view/3238
work_keys_str_mv AT irwansyahirwansyah problematicsofcircularletterasfollowuptotheconstitutionalcourtdecision