KONSTITUSIONALITAS PASAL 12 HURUF G DAN PASAL 51 AYAT (1) HURUF G UNDANG-UNDANG NOMOR 8 TAHUN 2012 DIKAITKAN DENGAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 4/PUUVII/ 2009, PUTUSAN MAHKAMAH KONSTITUSI NOMOR 79/PUU-X/2012, DAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 42/PUU-XIII/2015

Abstract

According to Article 24C of the Constitution of 1945, especially the decision
of the Court judgment in the judicial review of Law is final and binding. But how
if the rule of law is also unconstitutional by the Constitutional Court decision
revived in the laws changed but still set the same thing by the legislator as Article
12 letter g and Article 51 paragraph (1) letter g of Law Number 8 of 2012.
Interestingly, when issuance Court decision number 42/PUU-XIII/2015 test
article 7 letter g of Law Number 8 of 2015 which sounds identical to the norm of
article unconstitutional it, and startling in the verdict of the Constitutional Court
states grant the petition for partially unconstitutional conditional as the ruling of
the Constitutional Court ruling Number 4/PUU-VII/2009. Then how about the
norm clause that contained in Law Number 8 of 2012, is constitutional or
unconstitutional, ever tested to the Court but the Court rejected it by its Decision
Number 79/PUU-X/2012.
The results of this study is that Article 12 letter g and Article 51 paragraph
(1) letter g of Law Number 8 of 2012 is unconstitutional and the legal
implications after the Constitutional Court Decision Number 4/PUU-VII/2009,
the Constitutional Court Decision Number 79/PUU-X/2012, and the
Constitutional Court Decision Number 42/PUU-XIII/2015 is a legal ambiguity
political rights of former prisoners, the loss of mutatis mutandis Constitutional
Court ruling, does not contain provisions by ne bis in idem, and invalidates the
erga omnes nature of the Constitutional Court. Supposedly Article 12 letter g and
Article 51 paragraph (1) letter g that automatically declared invalid and for the
former Act that the Parliament and the President, should be sincere to review all
legislation along relating to the voting rights of former prisoners from adapted to
the Constitutional Court's decision is final and have binding force, and the Court
must remain consistent with previous decisions.
Keywords : Constitutional Court Decision - Constitutional Court - Judicial
Review - Law