Analisis Yuridis Tentang Tindak Lanjut Putusan Mahkamah Konstitusi Berdasarkan Peraturan Perundang-Undangan

Abstract

The purpose of this research is to determine and analyze the coercive force of Constitutional Court decisions to be followed up by legislative bodies and the ideal format that the Constitutional Court can use to ensure compliance by legislative bodies. The issues addressed in this research are as follows: 1) How does the coercive force of Constitutional Court decisions lead to follow-up actions by legislative bodies? 2) What is the ideal format that the Constitutional Court can use to achieve compliance by legislative bodies? The research method employed in this thesis is a normative juridical approach, meaning that it starts from a legal issue by analyzing legal problems through legislation, literature, and other reference materials. This thesis utilizes various approaches, including a legislative approach, conceptual approach, and historical approach. The findings of this research indicate that: 1) The coercive force of Constitutional Court decisions to be followed up by legislative bodies is a necessity in fulfilling its duty to decide cases (Judicial Review). However, in practice, many Constitutional Court decisions are not acted upon by the addressees of the decisions. 2) The ideal format that the Constitutional Court can use to achieve compliance by legislative bodies includes: 1) Changing the narrative from 'Coercion/Sanction' to 'Contribution.' 2) Explaining Non-compliance by providing more detailed information about decisions that have been implemented, not yet implemented, or not complied with. 3) Establishing a specialized division to develop monitoring methods for the implementation of decisions.