Kewenangan Mahkamah Konstitusi dalam Melakukan Pengujian Terhadap Kebijakan Hukum Terbuka

Abstract

Abstract

The Constitutional Court has the authority to review laws against the Constitution as stated in Article 24C Paragraph (1) of the 1945 Constitution and Article 10 Paragraph (1) of Law no. 24 of 2003. Open law policy (open legal policy) is the Constitutional Court's argument to declare that the Law does not conflict with the Constitution. Open legal policy is freedom for legislators to make policies in the law-making process. The purpose of this research is to analyze the authority of the Constitutional Court which imposes that the Constitutional Court can carry out reviews of the status of laws that are open legal policies (open legal policy). This research uses a normative juridical research method where the study of library law is carried out by examining library materials. Then the collected materials were analyzed descriptively qualitatively. The results of the research show that the Constitutional Court only has the authority to review the constitutionality of norms, with decisions to accept or cancel norms that conflict with the Law, so that the Constitutional Court does not have the authority to review laws that are open legal policy.

Keywords: Authority, Constitutional Court, Open Legal Policy