IBTINAVILAH, Asvina Erga (2025) The Implications Of Constitutional Disobedience To The Decision Of Judicial Review In The Constitutional Court By The Adressat Decisions: A Perspective Of Checks And Balances Of The Constitutional System In Indonesia. Skripsi thesis, Universitas Jenderal Soedirman.

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Abstract

The authority mandated by the constitution to the Constitutional Court in testing the law on the 1945 Constitution of the Republic of Indonesia in Article 24C paragraph (1) is the mechanism of the checks and balances system. When associated in the context of enforcing the supremacy of the constitution, of course, it does not only stop at the cancellation of a legal norm that is contrary to the constitution, but also how the annulment decision is then complied with and followed up. However, in the recent development of Indonesian constitution, compliance with the decision in following up on the Constitutional Court's decision has become a problem because there are indications of disobedience in following up on the Constitutional Court's decision which is final and binding. The purpose of the study is to analyze the implications that will have an impact on the constitutional system in Indonesia if non-compliance with the Constitutional Court's decision continues. The type of research is normative juridical with the approach used is law in books. The specification of the research is descriptive analytical. The data collection method is a literature study using secondary data presented in the form of a systematic description which is then analyzed in a qualitative normative manner. Based on the results of the study, it shows that the majority of legal testing decisions at the Constitutional Court are complied with or followed up on as a whole, namely 36 decisions or 43.90%. However, there are also some decisions that are not fully complied with or in other words only partially implemented, namely as many as 3 decisions or 3.65%. As for the decisions that were not passed, there were 11 verdicts or 13.41%. The remaining 32 decisions or 39.02% have not been identified. Thus, it can be concluded that the level of compliance is 43.90% compared to 13.41%. Keywords: Constitutional Disobedience, Ruling, Constitutional Court, Testing of Laws, Adressat, Checks and Balances.

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