Abstract
The Constitutional Court's decision does not necessarily lead to the restoration of constitutional rights. This will be interesting to be examined because the state, in this case represented by the Constitutional Court, can only recover the constitutional losses suffered by citizens if it issues a decision. However, there are also citizens who still feel that their losses have not been recovered by the issuance of this decision. Then how can the Constitutional Court recover such constitutional losses by still referring to the constitution and laws and regulations? This research method uses normative research methods. The results of this study indicate that the Constitutional Court decisions do not always lead to the restoration of the constitutional rights of the injured citizens. Then what are the other ways to recover the constitutional losses still experienced by citizens. This constitutional loss really needs to be restored because its existence is guaranteed in the constitution and all branches of state power are obliged to respect it by not committing violations even to the point of loss
Highlights
The Constitutional Court is one of the state institutions in the 1945 Constitution of the Republic of Indonesia, the Constitutional Court is one of the executors of the branch of judicial power side by side with the Supreme Court in the constitutional system of the Unitary State of the Republic of Indonesia
The existence of a causal relationship between the loss and the law being tested; The formulation given by the constitutional court regarding constitutional impairment has become a doctrine to measure whether the parties submitting an application to the constitutional court have the legal standing to act as petitioners
In the a quo article, the constitutional court interprets the criteria for constitutional impairment that apply to applicants with various qualifications, whether as individual Indonesian citizens, customary law communities, public or private legal entities and state institutions
Summary
The Constitutional Court is one of the state institutions in the 1945 Constitution of the Republic of Indonesia, the Constitutional Court is one of the executors of the branch of judicial power side by side with the Supreme Court in the constitutional system of the Unitary State of the Republic of Indonesia. One of the constitutional losses suffered by citizens can be seen in the Constitutional Court Decision Number 46 / Judicial Review - XIV / 2016 which states that the petition is completely rejected by the petitioners.
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