Constitutionality of Judicial Review Versus Judicial Review in Civil Cases Based on Constitutional Court Adjudication Number 108/PUU-XIV/2016

DOI

10.2991/assehr.k.211203.048How to use a DOI?

Keywords

Judicial Review; the implementation of PUU Number 108 anno 2016

Abstract

The availability of Judicial Review as one of the legal recourses in the judicial procedural law system is intended to protect Human Rights (HAM) without sacrificing the principle of legal certainty (rechtszekerheid), which is the foundation of the rule of law. The issue raised in this article is the allowance for more than one judicial review in civil cases since the implementation of PUU Number 108 anno 2016. This article applies normative legal research, which focuses on studying the principles and norms of positive law. The implications of existing. That Supreme Court ruling was based on the conflict in findings between the High Court’s ruling 360 PK/Pdt/2008, which granted legal ownership of a contested property to PT Baktiparamita Putrasma, and the High Court’s ruling 568 PK/Pdt/2016, which granted legal ownership to the heir H. Abdul Rachman Saleh. The ruling 568 PK/Pdt/2016 is now considered a judicial oversight or an intentional mistake.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - I Wayan Arthanaya
AU  - Mas Aditya Mahottama
PY  - 2021
DA  - 2021/12/03
TI  - Constitutionality of Judicial Review Versus Judicial Review in Civil Cases Based on Constitutional Court Adjudication Number 108/PUU-XIV/2016
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 214
EP  - 218
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.048
DO  - 10.2991/assehr.k.211203.048
ID  - Arthanaya2021
ER  -