Abstract
Legal certainty in the form of legislation, among others, can be shown by the consistency of the formulation of legal norms with the sub ordinate regulations. Therefore, the study on the influence of different formulations of the norm in the implementation of the law needs to be done. Evidently, the different formulations of the norm of the applicant's position as a legal entity has the right to a judicial review against the decision of a negative correlation, ie, the emergence of disparity in the results of the trials. Event rigger rejection of either party litigants.Keywords: Judicial Review, Legal Certainty, the Supreme Court
Highlights
Article 28D paragraph (1) The 1945 Constitution of the Republic of Indonesia stated that the right of everyone to recognition, guarantess, protection, and legal certainty in a fair and equal treatment before the law
The data shows that judges tend not to consider the applicant's legal standing of legal entities in its decision
The different formulations setting legal standing of legal entities in the procedural law judicial review rights push on delegitimation quality of judge's decision as a free and independent power to trigger rejection by the court decision party litigant
Summary
Article 28D paragraph (1) The 1945 Constitution of the Republic of Indonesia stated that the right of everyone to recognition, guarantess, protection, and legal certainty in a fair and equal treatment before the law. The protection and fulfilment the human rights in the country’s law (rechtsstaat) requires the principle of the legality of act of the Government (wet en rechtmatigheid van bestuur) in which the law must be positive. The law makers when formulating provision in legislation should pay attention to the aspect of legal certainty and the protection of the rights of citizens.. The result will not run effectively because society does not reflect aspirations.
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