ANALISIS PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG (PERPPU) SEBAGAI OBJEK PENGUJIAN DI MAHKAMAH KONSTITUSI

Abstract

The authority of the Constitutional Court in the 1945 Constitution of the Republic of
Indonesia (1945 Constitution of the Republic of Indonesia) after the issuance of MK Decision
Number 138/PUU-VIII/2009. The Constitutional Court stated its authority to review Government
Regulations in Lieu of Law (Perppu) against the Constitution, relying on the interpretation that
Perppu is in a position parallel to the Law, in accordance with Law Number 12 of 2011
concerning the Formation of Legislative Regulations . Method
This research uses a type of normative legal research (normative law research) using
normative case studies in the form of legal products produced, reviewing statutory regulations,
books and journals related to this research, as well as analyzing Constitutional Court Decision
Number 138/PUU- VIII/2009.
The results of this research explain that the Constitutional Court has the authority to
review Perppu and regulations that are lower in level than the 1945 NRI Constitution which
positions Perppu in the same position as the Law by using a slash (/), cannot change the contents
of the Constitution NRI of 1945, which clearly differentiates between Laws and Perppu
Keywords: Authority, Constitutional Court, Testing