Karakteristik dan Uji Konstitusionalitas Ketetapan Majelis Permusyawaratan Rakyat Republik Indonesi

Iristian, Yovan (2018) Karakteristik dan Uji Konstitusionalitas Ketetapan Majelis Permusyawaratan Rakyat Republik Indonesi. Doctoral thesis, Untag 1945 Surabaya.

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Abstract

Reformation in Indonesia began since the existence of a movement to undermine the new order during the government in 1998 which was realized through the amendment of the 1945 Constitution of the Republic of Indonesia, this had an impact on the change of state structure in Indonesia by placing the People's Consultative Assembly (MPR) as the state high institution which previously was the highest state institution as the people's sovereignty holder. This dissertation research focuses on analyzing and finding answers to characteristic questions of MPR Decrees and Institutions authorized to examine the constitutionality of the MPR Decree. Then analyzed by using the Theory of the State of Law, Authoritarian Theory, Legal Theory, Theory of Testing of Legislation and Theory Legal Void. Research in writing this dissertation is a normative legal research through Philosophical Approach, Statuta Approach, Conceptual Approach, Historical Approach, Case Approach, and Comparative Approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Analysis of legal materials in this research is conducted through the identification of a primary legal material, then done grouping of legal materials with several methods.MPR holds the highest powers compared to other high-ranking state institutions. Its power was able to amend and enact the 1945 Constitution of the Republic of Indonesia and The MPR Decree wich was the highest regulation as a reference for the underlying legal norms as proposed by Hans Kelsen and Hans Nawiasky in the stuffen theory. MPR is authorized to stipulate MPR Decrees characterized by beshikking in the case of adopting and enacting the 1945 Republic of Indonesia Law and the Stipulation of the Appointment and/or Dismissal of the President and/or Vice President. The development of the constitutional system still leave MPR Decree as regulated by the MPR Decree Number I/MPR/2003 which can only be done by the Constitutionality of the Special Tribunal in the form of an Ad Hoc Constitutional Court.

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