Skripsi

KEWENANGAN MAHKAMAH KONSTITUSI MEMBENTUK NORMA HUKUM BARU SEBAGAI HARMONISASI PERATURAN PERUNDANG-UNDANGAN DI INDONESIA

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Penilaian

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The development of constitutional law presents a phenomenon where the Constitutional Court may formulate legal norms in its decisions. This study aims to analyze the authority to form written legal norms in the Pancasila Constitutional State, the legal status of norms in the Constitutional Court Decision, and to find ideal arrangements to ensure compliance with the Constitutional Court's decisions in order to harmonize laws and regulations in Indonesia. The method in this study is normative research. The results of the study indicate that the authority to form written legal norms fundamentally lies with the legislative and executive institutions, but it can be theoretically justified for the Constitutional Court to be able to form new legal norms in its decisions as an effort to uphold the supremacy of the constitution and fill the legal gaps due to the cancellation of unconstitutional norms. The legal norms contained in the Constitutional Court's decision hold a status equal to statutory norms, remain final and binding, and apply temporarily until replaced by new norms established by the legislators. The ideal arrangement needed in the future is to provide an explicit legal basis for the Constitutional Court to formulate new legal norms in its decisions when necessary, and to establish obligations for relevant institutions to follow up on such decision within a certain period of time to ensure the harmonization of laws and regulations in Indonesia. Keywords: Authority, Constitutional Court, New Legal Norms, Harmonization of Legislation

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Availability

Inventory Code	Barcode	Call Number	Location	Status
2507004286	T179328	T1793282025	Central Library (Reference)	Available but not for loan - Not for Loan

Detail Information

Series Title

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Call Number

T1793282025

Publisher

Palembang : Prodi Magister Ilmu Hukum, Fakultas Hukum Universitas Sriwijaya., 2025

Collation

xvi, 125 hlm.; ilus.; tab.; 29 cm.

Language

Indonesia

ISBN/ISSN

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Classification

340.07

Content Type

tactile text

Media Type

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Carrier Type

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Edition

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Subject(s)

Ilmu hukum

Specific Detail Info

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Statement of Responsibility

MI

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