Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)

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Overlapping Rules of Testing Legislation Regulations at the Supreme Court and the Constitutional Court from the Principle of Legal

Authors
Rasji Rasji1, *, Michael Michael2
1Doctor of Law. Master of Law, Bachelor of Law, Universitas Tarumanagara
2Bachelor of Law Students, Universitas Tarumanagara
*Corresponding author. Email: Angmichael1245@gmail.com
Corresponding Author
Rasji Rasji
Available Online 21 April 2022.
DOI
10.2991/assehr.k.220404.174How to use a DOI?
Keywords
Overlap; Testing Legislation; Legal Certainty; Supreme Court; Constitutional Court
Abstract

The author made this paper with the title “Overlapping Decisions on Judicial Review of Legislation in the Supreme Court and the Constitutional Court Judging from the Principle of Legal Certainty” because as a state of law and regulation of constitutional rights guarantees (Article 28 D paragraph 1 The 1945 Constitution of the Republic of Indonesia) which in this case is legal certainty is often violated by the enactment of laws and regulations. Therefore, as an effort to guarantee that regulations do not conflict with each other, a mechanism for reviewing laws and regulations is arranged. The Constitutional Court is tasked with reviewing laws against the Constitution, while the Supreme Court decided to review the legislation under the constitution against the constitution. However, the problem was that this last resort actually resulted in legal uncertainty again occurring when the Supreme Court and Constitutional Court’s decisions regarding the judicial review laws and regulations contradict each other. Therefore, the writing of this thesis will focus on finding the source of the overlapping problem and the possible solutions to solve the problem.

Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

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Volume Title
Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 April 2022
ISBN
10.2991/assehr.k.220404.174
ISSN
2352-5398
DOI
10.2991/assehr.k.220404.174How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Cite this article

risenwbib
TY  - CONF
AU  - Rasji Rasji
AU  - Michael Michael
PY  - 2022
DA  - 2022/04/21
TI  - Overlapping Rules of Testing Legislation Regulations at the Supreme Court and the Constitutional Court from the Principle of Legal
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 1106
EP  - 1112
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.174
DO  - 10.2991/assehr.k.220404.174
ID  - Rasji2022
ER  -