Kajian Hukum Atas Penolakan Permohonan Judicial Review Oleh Mahkamah Konstitusi Dalam Delik Kesusilaan (Studi Putusan Mahkamah Konstitusi Nomor 46/PUU-XIV/2016)

Abstract

The authority of the Constitutional Court was obtained directly from the 1945 Constitution of the Republic of Indonesia. The Constitutional Court has the authority to conduct judicial review of material testing of laws against the 1945 Constitution of the Republic of Indonesia. The Constitutional Court in examining the law against The 1945 Constitution of the Republic of Indonesia functions as a nullifying norm (negative legislator). Through Decision No. 46 / PUXIV / 2016 (Test for Article on Decency in the Criminal Code). The Constitutional Court rejected the claim of the applicant as a whole regarding the request for judicial review of Article 284, Article 285 and Article 292 of the Criminal Code in Case Number 46 / PUU-XIV / 2016. Adapaun The formulation of the problem that will be carried out by this research is how is the legal arrangement for the Rejection of the Request for Judicial Review by the Constitutional Court in Decency Delegation, how is the consideration of the Constitutional Court Judge in rejecting the Constitutional Court Decision Number 46 / PUU-XIV / 2016 and what are the legal consequences of the decision . This research is empirical legal research, using a legal approach, case approach, and conceptual approach and data collection in the form of interviews. The sources of legal material used are primary, secondary, and non-legal materials. Based on the results of the research and discussion, it can be concluded that in the decision the Constitutional Court has carried out its position as a negative legislator who only acts as examiner of statutory norms. The Constitutional Court can declare a norm in conditional or unconstitutional constitutional law that requires certain meanings of a norm in the law to be considered constitutional, but the Constitutional Court is required not to enter the law's open legal territory. The verdict also caused legal consequences, the verdict produced by the constitutional court was final, had no legal effort to be reviewed again. The decision of the Constitutional Court is not only binding on parties (interpartes), but also binding and / or intended for all citizens, institutions / state officials and legal entities within the territory of the Republic of Indonesia (erga omnes).