Constitutional Complaint dan Constitutional Question dan Perlindungan Hak-hak Konstitusional Warga Negara

Hamdan Zoelva
Journal article Jurnal Media Hukum • June 2012

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(Bahasa Indonesia, 14 pages)


The 1945 Constitution gives limitative authority to the Constitutional Court only to review of laws against theconstitution, adjudicate dispute over state institution whose authorities are mandate by constitution, adjudicatedispute on the result of general election, dissolution of political parties and obliged to decide upon DPR'sopinion in the case of the impeachment of the President. In practice, many of the constitutional issues can notbe resolved by the Constitutional Court because it explicitly doesn't include the authority of the ConstitutionalCourt, for example, the adjudication of the constitutional complaint and the constitutional question. Both ofthese issues are not easily resolved by the Court outside of the Constitutional Court. The main issue to beanalyzed in this paper is the possibility that the Constitutional Court may adjudicate constitutional complaintand constitutional question. By using the normative approach, comparative study of several other countries aswell as theoretical studies on the functions of the Constitutional Court in constitutional democracies states, thispaper analyzes the possibility of the Indonesian Constitutional Court may adjudicate constitutional complaintand the constitutional question.KEY WORDS: Constitutional Rights, Constitutional Complaint, Constitutionsl Question, Constitutional Interpretation




Jurnal Media Hukum

Jurnal Media Hukum is a peer-reviewed law journal published by the Faculty of Law, Universitas Mu... see more