Prospect of Judicial Preview by Indonesian Constitutional Court as a Preventive Action to Protect Constitutional Rights (Comparative Study with the Constitutional Court of Chile)
Journal Title: International Journal of Social Science And Human Research - Year 2025, Vol 8, Issue 02
Abstract
The existence of the Constitutional Court as stated in the provisions of Article 24C of the 1945 Constitution has established the dignity of the Constitutional Court's position as a Guardian of the Constitution which is understood as a judicial institution that protects the constitutional rights of Indonesia citizens. This research is aimed at solving the problem of the constitutional rights of Indonesia citizens who are often injured through legal products in the form of laws. Therefore, this study focuses on studying, analyzing and comparing how the context of judicial preview or can be understood as a test of a draft law both formally and materially as a form of preventive protection of citizen’s constitutional rights. The writing of this journal is a normative juridical research based on a literature study by examining and understanding the basic mechanism regarding the provisions for testing laws in positive law in Indonesia accompanied by the act of analyzing the process of implementing judicial preview (testing of draft laws) carried out by the Chilli Constitutional Court. The final result of writing this journal is in the form of a prospective study of the expansion of the authority of the Constitutional Court of Indonesia in conducting a judicial preview (testing of draft laws) which can later be expected to be adopted in positive legal provisions.
Authors and Affiliations
Elisabeth Sihaloho, Fifiana Wisnaeni
Keywords
Related Articles
- EP ID EP762793
- DOI 10.47191/ijsshr/v8-i2-47
- Views 16
- Downloads 0
Functions and Authority of the Indonesian Press Council in the Investigation of the Spread of Hoax News in Online Media
This study aims to find out about the position and role of the Indonesian Press Council in handling cases at the investigation stage of the spread of hoax news through online media. This study uses normative legal resear...
Leadership and the Relevance of Visionary Leadership Models for Religious Education in Indonesia
This study reviews the literature related to visionary leadership models in religious education in Indonesia, The leaders of educational institutions have a very important role in building a better future and in a direct...
Idanna Pucci, The World Odyssey Of A Balinese Prince
Idanna’s work is very significant to understand that there were many things that had been contributed to understand the dynamics of the Balinese communities by highlighting the role of Anak Agung Made Djelantik in the pe...
A Study on the Influence of University Entrepreneurship Ecosystem Conditions on Entrepreneurial Intention of Chinese and Korean College Students
This paper compares the effects of the conditional elements of entrepreneurial ecosystem in China universities on entrepreneurial intention of Chinese and Korean university students. This paper systematically analyzes se...
A Study on the Terrorist State and the Terrorist Movements: A Case Study of Egypt
Researchers have consistently delved into the study of terrorist movements within societies and states, yet few have explored the primary instigators behind their emergence, which is the focus of this research: the State...