ANALISIS KEPATUHAN HUKUM PRESIDEN DAN DPR ATAS PUTUSAN MAHKAMAH KONSTITUSI DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN

Abstract

The Constitutional Court is a judicial institution that exercises independent
judicial power to administer justice to uphold law and justice. After making
amendments to the Undang-Undang Dasar 1945, a Constitutional Court was
formed which was needed to balance the powers of the DPR and the President in
terms of making laws. One of the powers possessed by the Constitutional Court is
to conduct a judicial review of the Undang-Undang Dasar 1945 Constitution or
the so-called Judicial Review. In this case, the Constitutional Court will examine
the petition for the existence of people's constitutional rights that have been
violated, with a final and binding decision. However, in implementing its
decisions, the Constitutional Court does not have a special apparatus to oversee
the assurance that decisions are implemented by the addreesat institution, namely
the President and the DPR. This has resulted in many decisions that have not been
followed up, or the inappropriate follow-up by the President and the DPR.
disobedience to the decision of the Constitutional Court is tantamount to
disobedience to the Undang-Undang Dasar 1945 Constitution which is the source
of the Constitutional Court in examining the law.
This research will be structured using the type of normative juridical
research, namely research that is focused on examining the application of legal
rules or norms to legal principles and theories. The data collection technique used
in this research is literature study. The approach used in this research is to use a
normative approach, namely library law research.
The results of the research conducted by the author are, first, the

conditional decision issued by the Constitutional Court is intended for law-
forming institutions to have a direction to follow up on the decision. With this

conditional decision does not need to be followed up. Second, Impeachment is a
way to limit the President in exercising his authority. Impeachment which is a
form of responsibility of the President in carrying out legal provisions.

Impeachment efforts can be used to strengthen the implementation of the follow-
up to the decisions of the Constitutional Court which are presented in the Annual

Session of the MPR.
Keyword : Noncompliance – Constitutional Court Decision – President and
DPR