Analisis Hukum Acara Mahkamah Konstitusi: Implikasi Putusan terhadap Penegakan Hak Asasi Manusia

The Constitutional Court of Indonesia is a judicial institution with the authority to review laws against the 1945 Constitution of the Republic of Indonesia, resolve disputes between state institutions, decide on the dissolution of political parties, and adjudicate election result disputes. In exercising its authority, the Constitutional Court functions not only as the guardian of the constitution but also as a protector of human rights. This article aims to analyze how the procedural law of the Constitutional Court, as regulated under Law Number 24 of 2003 and its amendments, serves as a crucial instrument to ensure fair, transparent, and accountable proceedings in cases involving constitutional rights. This study adopts a normative juridical approach by examining legislation, legal doctrines, and Constitutional Court decisions that have had a significant impact on the protection of human rights. The analysis reveals that several rulings of the Court have expanded interpretations of human rights, although challenges remain regarding the consistency of procedural application and the effectiveness of decision enforcement. Therefore, strengthening the procedural law of the Constitutional Court is essential for ensuring the substantive and sustainable protection of human rights in Indonesia.

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Publication Details

Journal
Jurnal Riset Sosial Humaniora dan Pendidikan
Published
2025-05-14
DOI
https://doi.org/10.62383/risoma.v3i3.770
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Analisis Hukum Acara Mahkamah Konstitusi: Implikasi Putusan terhadap Penegakan Hak Asasi Manusia

Alarode Lahoya Simbolon, Sidi Ahyar Wiraguna
Jurnal Riset Sosial Humaniora dan Pendidikan
Legal Studies and Policies
article

Analisis Hukum Acara Mahkamah Konstitusi: Implikasi Putusan terhadap Penegakan Hak Asasi Manusia

Alarode Lahoya Simbolon, Sidi Ahyar Wiraguna
article en

Abstract

The Constitutional Court of Indonesia is a judicial institution with the authority to review laws against the 1945 Constitution of the Republic of Indonesia, resolve disputes between state institutions, decide on the dissolution of political parties, and adjudicate election result disputes. In exercising its authority, the Constitutional Court functions not only as the guardian of the constitution but also as a protector of human rights. This article aims to analyze how the procedural law of the Constitutional Court, as regulated under Law Number 24 of 2003 and its amendments, serves as a crucial instrument to ensure fair, transparent, and accountable proceedings in cases involving constitutional rights. This study adopts a normative juridical approach by examining legislation, legal doctrines, and Constitutional Court decisions that have had a significant impact on the protection of human rights. The analysis reveals that several rulings of the Court have expanded interpretations of human rights, although challenges remain regarding the consistency of procedural application and the effectiveness of decision enforcement. Therefore, strengthening the procedural law of the Constitutional Court is essential for ensuring the substantive and sustainable protection of human rights in Indonesia.

Jurnal Riset Sosial Humaniora dan PendidikanVol. 3(3)
Universitas Esa Unggul (ID)
Openalex Percentile: Top 83%
Legal Studies and Policies
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Analisis Hukum Acara Mahkamah Konstitusi: Implikasi Putusan terhadap Penegakan Hak Asasi Manusia — Alarode Lahoya Simbolon, Sidi Ahyar Wiraguna · Jurnal Riset Sosial Humaniora dan Pendidikan (2025) | TGRS Research Map | TGRS