Dampak Asas Erga Omnes dalam Putusan Mahkamah Konstitusi

The Constitutional Court's decision not only affects individuals or certain groups, but also has significant consequences for the public and the country as a whole. The Constitutional Court's decision provides legal certainty for society and the government by determining the implementation or cancellation of a policy that can help create a stable and predictable legal environment. This research is a normative research by studying and basing it on secondary data. Then analyzed using qualitative analysis. The results of this study indicate that the interests recognized by law in Indonesia regarding legal standing still revolve around proving real losses as a form of interest recognized by the Constitution. The principle of erga omnes has an important meaning in the Constitutional Court's decision. An appropriate alternative is needed to ensure that the decision that then has an impact on everyone does not result in new constitutional losses for parties who are not in dispute. the implementation of the Constitutional Court's decision still faces serious challenges, ranging from delays in implementation to ignoring the decision by related institution.

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Publication Details

Journal
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE
Published
2025-06-24
DOI
https://doi.org/10.55606/jass.v6i1.2127
Primary Topic
Indonesian Election Politics and Participation
Type
article
Field-Weighted Citation Impact
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article

Dampak Asas Erga Omnes dalam Putusan Mahkamah Konstitusi

JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE
Indonesian Election Politics and Participation
article

Dampak Asas Erga Omnes dalam Putusan Mahkamah Konstitusi

article en

Abstract

The Constitutional Court's decision not only affects individuals or certain groups, but also has significant consequences for the public and the country as a whole. The Constitutional Court's decision provides legal certainty for society and the government by determining the implementation or cancellation of a policy that can help create a stable and predictable legal environment. This research is a normative research by studying and basing it on secondary data. Then analyzed using qualitative analysis. The results of this study indicate that the interests recognized by law in Indonesia regarding legal standing still revolve around proving real losses as a form of interest recognized by the Constitution. The principle of erga omnes has an important meaning in the Constitutional Court's decision. An appropriate alternative is needed to ensure that the decision that then has an impact on everyone does not result in new constitutional losses for parties who are not in dispute. the implementation of the Constitutional Court's decision still faces serious challenges, ranging from delays in implementation to ignoring the decision by related institution.

JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCEVol. 6(1)
University of Nusa Cendana (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 38%
Indonesian Election Politics and Participation
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Dampak Asas Erga Omnes dalam Putusan Mahkamah Konstitusi · JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE (2025) | TGRS Research Map | TGRS