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Perkembangan Pengujian Perundang- Undangan di Mahkamah Konstitusi

Pusat Studi Konstitusi FH Andalas

Jurnal Konstitusi · 2016

doi:10.31078/jk766 (opens in a new tab)

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Abstract

The judiciary is a tools to find justice. The Constitutional Court of Republic of Indonesia (MKRI) who attended after the 1945 amendment also established to fulfill the desires of the justice seeker. The Efforts to comply the sense of justice depends on how the constitutional court judges deciding cases. If the judge of the constitutional court failed to parse the meaning of substantive justice, it found the unfair justice. It’s fair according to the judge verdict, but it was unable to fulfill the desires of the justice seeker. The step of judges to find the justice known as the concept of judicial activism. And its consisting in constitutional court authority namely as judicial review. Within seven years since the MKRI have been formed, the court has become an institution recognized by the justice seeker through the decisions. In fact, the court not only courageous in deciding the facts of the existing law, but further than that, the court also made a bold reform in its verdict forms.

Abstract licence: CC BY-NC-SA

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