| Summary: | This research reveals the meaning of judicial review of government
regulation as a regulation replacement (emergency regulation) conducted by the
Constitutional Court. The purpose of this research is to cover the philosophy of
law which becomes the Constitutional Court of judicial review about emergency
regulation and/or to know the essence of judicial review of Constitutional Court
emergency regulation then interrelated to the implementation of law in Indonesia.
This research is a library research uses hermeneutic and heuristic methods.
The assessment methodical elements are a description, interpretation, and history.
The material object in this research is judicial review of Constitutional Court
emergency regulation and the formal object is the philosophy of law.
The domination of legal positivism view is unstoppable until the
reformation era, and the regulation rules that have been established and agreed by
the institutions becoming references in solving constitutional problems of
Republic of Indonesia. Judicial review of emergency regulation made by the
Constitutional Court gives new enlightens in solving constitution problems. The
action taken by the judges of the Constitutional Court in judicial review of
emergency regulation is an appropriate action to keep the harmony of constitution.
The action shows that the judges do not always be positivistic. The judge actions
make the condition of society, both economic and political aspects, as
consideration in decision making whether to prosecute or not so-called legal
realism attitudes. The judge in view of legal realism is a major role in supremacy
of law which creates harmony in society. Indeed, in judicial review of emergency
regulation, judges should make the law, not find the law.
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