Sastika, Atthahirah Nariswari (2026) TINJAUAN YURIDIS KEWENANGAN CONSTITUSIONAL REVIEW POSITIVE LEGISLATURE MAHKAMAH KONSTITUSI REPUBLIK INDONESIA (STUDI PUTUSAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA NOMOR 135/PUU-XXII/2024). Undergraduate thesis, UPN Veteran Jawa Timur.
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Abstract
The Constitutional Court, in the exercise of its judicial power, is vested with the authority to conduct a constitutional review. In order to exercise its constitutional review authority in the most effective manner, the Constitutional Court should adopt a limited role as a negative legislature. The Constitutional Court's decision in the case of Constitutional Court Decision No. 135/PUU-XXII/2024 represents the culmination of a comprehensive review of the provisions governing the simultaneous election scheme, as delineated in Law No. 7 of 2017. The Constitutional Court, in issuing the a quo decision, is considered to have exceeded its authority by acting as a positive legislature. This research is of significance in that it examines the scope of the Constitutional Court's constitutional review authority and the conformity of Decision 135/PUU-XXII/2024 with its authority. The present research was conducted using a normative legal research method with a conceptual and legislative approach. The results of the study indicate an inconsistency in the authority of the Constitutional Court in deciding Decision Number 135/PUU-XXII/2024. Consequently, it is imperative to reinforce the mechanisms of checks and balances and to establish a framework of norms that delineate the limits of the Constitutional Court's authority.
| Item Type: | Thesis (Undergraduate) | ||||||||
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| Subjects: | K Law > K Law (General) | ||||||||
| Divisions: | Faculty of Law | ||||||||
| Depositing User: | Atthahirah Nariswari Sastika | ||||||||
| Date Deposited: | 05 May 2026 05:57 | ||||||||
| Last Modified: | 05 May 2026 06:15 | ||||||||
| URI: | https://repository.upnjatim.ac.id/id/eprint/51583 |
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