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ABSTRACT
research studies is about the practice analysis of constitutional court to
determine the conflicting legal norms, include of problems: juridical argument,
the review based on Pancasila and Articles of 1945 Constitution, criteria of
conflicting legal norms and criteria of non constitution as review standard.
The normative legal research is used of statute approach, analytical
approach, case approach.
The result of this study has showed that Pancasila, Articles of 1945
Constitution, non constitution as the standard to constitutional review in
Constitutional Court of Indonesia, with diverse argument. Formal examination
(formale toetsingrecht) (Constitutional Court Decision No.27/PUU-VII/2009),
argument: the conflicting legal norms againts the general principles of law
making process (algemene beginselen van behoorlijke wetgeving), for example:
fairness principle). Material examination (materiale toetsingrecht)
(Constitutional Court Decision No.48/PUU-IX/2011, No.49/PUU-IX/2011 dan
No.5/PUU-IX/2011), argument: is used interpretation method, for example:
original and non original interpretation about public interest). Sociological
examination (Constitutional Court Decision No.018/PUU-I/2003 dan No.8/PUU-
VII/2010, juridical argument covering: differences of based on contitution,
sociological argument, and so on.
in determin Formal examination have a criteria ed of the conflicting legal
norms, if facts of law making process can be assessed with value of Fourth Article
of Pancasila and legal substance of Article 5 paragraph (1), Article 20, Article
21, Article 22A of 1945 Constitution and conflicting legal norms againt the
general principles of law making process. Material examination, if conflicting
legal norms can be assessed with 1945 Constitution, be through
interpretation of the Constitutional Court judge. Sociological examination of
criteria is: differences of based on contitution, conflicts between laws againt 1945
Constitution. The Non Constitution as condition, include: First, non-constitutional
norm is a norm of the delegation of the 1945 Constitution, Second, nonconstitutional
substance is a substance or material that must be regulated in the
Laws. Third, as the norm implementation at a law making process.
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