READING THE PROBLEMATIC ROOTS OF NON-COMPLIANCE WITH CONSTITUTIONAL COURT DECISIONS

Abstract

Many petitioners have filed or been petitioned by justice seekers for the juridical problems they faced with the Constitutional Court. One of the issues raised was related to a legislative product called the Law, which was considered by the applicant to be a product that was contrary to the constitution (1945 Constitution). In the trial held by the Court, there was a judicial review) which was granted or vice versa was rejected, so that the losing party was public as the party that did not win the case in the Court. Nevertheless, the implications of the Constitutional Court's decision are not only related to the applicant, but also to many parties, because the Law is a product oriented to the people's interests. In such conditions, the phenomenon so far has been partially read, that many parties have not demonstrated compliance with the Constitutional Court's decision, even though this Court's decision is final and binding. As an institution that carries the nation's noble mandate with the task of guarding the constitution, surely this phenomenon (disobedience to the Constitutional Court's decision), becomes a worrying phenomenon, so that further deconstruction and study needs to be done. The formulation of the problem in this paper is how is the root of the problematic non-compliance with the Constitutional Court's decision? How is the idealization of efforts that can be made by the Constitutional Court in responding to non-compliance with its decisions? In this paper, the methodology is in terms of the type of juridical normative research, the approach is statutory and conceptual, and the analysis usescontent analysis.