Final and Binding Essence on Constitutional Court’s Judgment in Judicial Review

Abstract

Mahkamah Konstitusi, has specific characters, one of the typical characters is the final and binding judgement. The reality is many judgements of the constitutional court are not complied with and tend to be ignored by the legislature. Then the petitioner who feel that their constitutional rights have been violated do not have instruments to fight for their constitutional rights that have been violated by the legislators. Based on the statement above, there are problems which is studied, what underlying the basic consideration of the formation of Constitutional Court in Indonesia? And what is the essence of the final and binding of Constitutional Court’s judgements? The aim of this study is to determine and comprehend the essence contained in final and binding nature of the Constitutional Court’s judgements, especially in judicial review of UUD 1945. The method of law study used was normative law research method which is law research from internal perspective with the object of the study was law norms. It can be concluded that the basic rationale of MK formation in Indonesia, from political side, the existence of MK is required to balancing the legislators’ power. From the law side, the existance of MK is the consequence from the change of MPR supremacy become constitution supremacy. The essence of final and binding Constitutional Court’s judgement is the stand- alone judgments, so that the judgement cannot be taken by legal action. Constitutional Court judgement is erga omnes which means binding on other parties, including state administrator.