Constitutional Court Judges Research Articles

Legal Policy in the Decision of the Constitutional Court and the Formation of Law

Objective: The purpose of this research is to raise the Criminal Law Act as a hotly debated topic. Some people think that the Constitutional Court should have the courage to make a legal breakthrough on this very important issue. However, the Constitutional Court judges are of the opinion that expanding the meaning of adultery is not within their jurisdiction. This research aims to examine further the legal arguments of the Constitutional Court's decision which is an open legal policy and its implications for the formation of laws and regulations in Indonesia. Method: The research method used is literature research with a legal approach and case studies of several Constitutional Court decisions which contain open legal policy arguments. Conceptually, this research will also discuss the implications of the Constitutional Court's decision containing the open law policy for the national legislative system. Results: The research results show that first, the concept of open legal policy in Constitutional Court decisions does not yet have clear boundaries so that the meaning of positive legislator and negative legislator is often confused in the practice of forming and reviewing laws. This decision, which is an open legal policy, also shows that there has been a tug-of-war between the judges of the Constitutional Court in using the paradigm of judicial activism and judicial restraints, giving rise to legal uncertainty in society.

The 2022 Italian Constitutional Court Judgment on Children’s Surnames: An International Human Rights Law Perspective

Abstract After many years of uncertainty regarding Italian legislation on the attribution of surnames to children, in 2022 the Constitutional Court finally broke the delay and identifid both the general rule governing this issue and its possible exceptions. Unlike in the past, with Judgment No. 131/2022 the Court no longer adopted an attitude of self-restraint by referring to the legislature, but demonstrated judicial activism by “reforming” the entire discipline. The Court has eliminated the last remnants of the automatism of the paternal surname, establishing the double surname as a general rule, that is, the succession of the parents’ surnames, and the surname of only one parent as an exception. This contribution develops around three interrelated topics: the first is a reconstruction of the long jurisprudential path that preceded Judgment No. 131/2022, the second is an analysis of the innovations that this judgment brought about, and the third explains how this evolution was largely determined by a progressive adaptation of the solutions taken by the Constitutional Court to the jurisprudence of the European Court of Human Rights. Among the yardsticks of constitutional legality relied on by the Court, no reference was made to the Convention on the Elimination of All Forms of Discrimination against Women, which is the only international treaty that provides for a specific obligation concerning the choice of children’s surnames, one intended to ensure equal rights for fathers and mothers.

A Brief Analysis of the Judgment in Women's Legal Centre Trust v President of the Republic of South Africa 2022 5 SA 323 (CC)

On 28 June 2022 the apex or Constitutional Court (CC) handed down a much-awaited judgment which impacts upon Muslim marriages concluded purely in terms of Islamic law in South Africa. Does the judgment mean that such Muslim marriages are now fully recognised for all purposes in the South African legal context? The simple answer is "no". The rationale for this conclusion is to be found in the two-pronged judgment. The first part of the judgment is wholly suspended and will only and automatically come into effect if remedial legislation is not enacted in 24 months. The second part of the judgment pertains to an interim order which takes effect immediately and applies retrospectively to all Muslim marriages that subsisted on 15 December 2014 (when the case was first launched by the Women's Legal Centre in the Western Cape High Court) and to Muslim marriages which, although terminated before that date, were still subject to ongoing legal proceedings at that date. While the case note briefly refers to the first part of the judgment, the main purpose of this case note is to highlight some of the practical problems that could be encountered by couples when effect is given to the orders pertaining to the interim relief granted in terms of the second part of the judgment. The problem areas are highlighted by looking at the CC judgment in the light of three fictitious scenarios. The case note provides a few critical comments on the judgment and ends with a few concluding remarks. Past experience leads us to expect that tangible progress will take place only by 2024, a date which coincides with South Africa's next presidential election. Until then the non-recognition of Muslim marriages will continue to prove burdensome to Muslim women and children.

THE APPLICATION OF DERIVATIVE MISCONDUCT IN THE WORKPLACE: A CRITICAL ANALYSIS OF National Union of Metalworkers of South Africa obo Nganezi v Dunlop Mixing and Technical Services (Pty) Limited 2019 (5) SA 354 (CC)

In modern South African law, employees have several fundamental rights, the right to strike being one of those rights. This right is enshrined in the Constitution of the Republic of South Africa, 1996 (the Constitution) and also in the Labour Relations Act 66 of 1995 (the LRA); both statutes provide that every employee has the right to strike (s 64(1) of the LRA and s 23(2)(c) of the Constitution). However, for a strike to be protected as legal strike action, at least 48 hours’ notice of the commencement of the strike must be given, in writing, to the employer (s 64(1)(b) of the LRA). If employees misconduct themselves – for example, engage in acts of violence during a protected strike – the employer is entitled to dismiss those employees on the grounds of misconduct (Schedule 8, item 7 of the Code of Good Practice under the LRA). However, if the employer is unable to identify the responsible employees (the perpetrators), the question is whether the employer can request other employees to identify the perpetrators. If the answer to this is yes, the next question is whether the employer can dismiss these employees if the employees do not want to identify the “perpetrators”.To answer these questions, employers have relied on the principle of “derivative misconduct” to discipline employees during strike action where employees responsible for misconduct cannot be identified and other employees fail, when requested, to come forward and assist the employer to identify those responsible. Derivative misconduct is a principle that is neither defined nor appears in any labour legislation. It has been developed by the courts and used by employers as a concept to require an employee to come forward and give information about other employees who have misconducted themselves during protest action. Since derivative misconduct is not defined in labour legislation, a consideration of the judgments that have considered the scope and application of this principle on a particular set of facts demonstrates the difficulties of its application. Before the Constitutional Court judgment in NUMSA obo Khanyile Nganezi v Dunlop Mixing and Technical Services (Pty) Ltd (2019 (5) SA 354 (CC)), several judgments attempting to develop or clarify the concept either found derivative misconduct did not exist on the particular facts or just expressed obiter views on the issue. This led to varying decisions on the application of derivative misconduct. The Constitutional Court has now finally sought to articulate and grapple with this concept.

Hate Speech in the Equality Act Following the Constitutional Court Judgment in Qwelane v SAHRC

In its judgment in Qwelane v South African Human Rights Commission 2022 2 BCLR 129 (CC), the Constitutional Court declared section 10(1) of the Equality Act unconstitutional and invalid to the narrow extent that section 10(1)(a) refers to the intention to be "hurtful". The prohibition on hate speech passed constitutional muster in all other respects. In addition, the court purposively interpreted aspects of the application of section 10(1) so as to limit its impact on the right to freedom of expression. This contribution firstly welcomes the court's reliance on the transformative goals of the Constitution and the Equality Act as its primary framework in interpreting section 10(1). The severance of section 10(1)(a) and the conjunctive reading of sections 10(1)(b) and (c) ("be harmful or to incite harm" and ʺpromote or propagate hatred" respectively) also seem sensible considering the court's broad definition of "harm". The article further emphasises that the terms of section 10 call for a proper consideration of context. In this regard, the court rightly considered the extreme homophobia in the society addressed by Mr Qwelane, the particular vulnerability of the target group and the real threat of devastating imminent consequences to conclude that Qwelane's words were clearly intended to "incite harm" and "propagate hatred". Yet the court's view that the speaker's subjective intention is irrelevant in performing the requisite objective reasonableness assessment from the ambit of section 10(1) is arguably less judicious, as is the categorical exclusion of expression in private. Ultimately, the objective case-by-case reasonableness inquiry under section 10(1) should be whether a reasonable person in the speaker's position should have refrained from making the impugned harmful discriminatory utterances. This inquiry involves a determination of wrongfulness based on the constitutional duty not to discriminate unfairly. It invokes all the aspects of the Equality Act's definition of discrimination as well as all the elements of fairness analysis set out in section 14 of the Equality Act. Factors to be considered include the value of the particular expression, and the extent of the (potential) harm to individual members of a protected group and to society as a whole, as well as justification considerations such as the respondent's legitimate and bona fide exercise of the right to freedom of expression and to privacy.

Interpretation of Interfaith and/or Belief Marriage by Judges: Disparity and Legal Vacuum

Judges experience disparities in interpreting marriages of different beliefs and/or religions, resulting in different legal products, both determinations made. There is a difference between granting and rejecting. Interestingly, the understanding of the Constitutional Court judges and judges at District Courts has a significant disparity where one says there is a legal vacuum and the other is clear in accordance with the law. This study concerning a disparity in interfaith marriages in its determination and the legal vacuum of different-faith marriages created by judges in court. This study concludes that in practice judges in court in giving considerations believe there is a legal vacuum against marriages of different beliefs, as a result judges determine whether there is a disparity determination that is granted or not. The Constitutional Court itself interprets its decisions (2014 and 2022) that interfaith marriages are clear and do not constitute a legal vacuum in its enforcement.

Interpretation of Interfaith and/or Belief Marriage by Judges: Disparity and Legal Vacuum

Judges experience disparities in interpreting marriages of different beliefs and/or religions, resulting in different legal products, both determinations made. There is a difference between granting and rejecting. Interestingly, the understanding of the Constitutional Court judges and judges at District Courts has a significant disparity where one says there is a legal vacuum and the other is clear in accordance with the law. This study concerning a disparity in interfaith marriages in its determination and the legal vacuum of different-faith marriages created by judges in court. This study concludes that in practice judges in court in giving considerations believe there is a legal vacuum against marriages of different beliefs, as a result judges determine whether there is a disparity determination that is granted or not. The Constitutional Court itself interprets its decisions (2014 and 2022) that interfaith marriages are clear and do not constitute a legal vacuum in its enforcement.

A STEP FORWARD IN THE FIGHT AGAINST ABLEISM: Damons v City of Cape Town [2022] ZACC 13

In Damons v City of Cape Town ([2022] ZACC 13) (CC judgment), the Constitutional Court (CC) had to deal with the issue of a person living with a disability who was injured in training. The minority judgment by Pillay AJ takes a socio-legal approach to the issue as it dives deep into how Mr Damons was injured and the responsibility of the employer to ensure that Mr Damons was reasonably accommodated. On the other hand, the decision of the majority by Majiedt J takes a formal legal approach in that it critiques the minority judgment from the perspective of the pleadings. This case note engages in a deep discussion of the matter, spanning the arbitration, Labour Court (LC), Labour Appeal Court (LAC) and both of the judgments of the CC. This case note engages in a discussion of the two judgments of the CC.

Legal Analysis of Cryptocurency Utilization in Indonesia

Background. Bitcoin is the world's first digital currency that uses the concept of Cryptocurrency, which is a digital asset designed as a medium of exchange using cryptographic techniques to secure transactions and control the administration of its currency units that are likely to continue to grow in the future. Based on Law No. 7 of 2011 on Currency or cryptocurrencies, Bitcoin cannot be considered as legal tender in Indonesia. Purpose. It is said to be a means of payment because the means of payment in Indonesia is the Rupiah, but based on the Regulation of the Minister of Trade of the Republic of Indonesia Number 99 of 2019, crypto assets are one of the commodities that can be used as the subject of futures contracts traded on futures exchanges. Method. his research uses a statute approach. In addition, a case approach is also used to find out the ratio decidendi used by the Constitutional Court judges in deciding cases of judicial review of laws related to indigenous peoples. Results. This type of research is normative juridical research. The nature of research in this research is descriptive analytical. The type of data used in this research is library research. The validity of crypto asset transactions based on Indonesian contract law which refers to the Civil Code is valid because it fulfills the terms of the agreement in article 1320 of the Civil Code and is supported by the principles contained in the Civil Code itself, including the principle of freedom of contract, the principle of consensualism, the principle of pacta sunt servanda, and the principle of good faith. Therefore, crypto asset transactions are also legalized according to Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) because crypto asset transactions are carried out online through the internet network. Conclusion. The Indonesian government then compiled several rules to accommodate interests as guidelines and clarity for the public regarding the government's recognition of the existence of bitcoin and virtual currencies, namely through the policy of the Minister of Trade of the Republic of Indonesia Number 99 of 2019, and based on the rules of the Bappebti Regulation Number 5 of 2019 concerning Technical Provisions for the Implementation of the Crypto Asset Physical Market on the Futures Exchange.

The Strategy of School Marketing in Admission New Students at MAS Ruhul Islam Anak Bangsa Aceh Besar District

Background. Technological developments require educational institutions to design strategies in order to determine the target of students or people parents of the right students, so that educational institutions can make it easier to adjust between programs or activities produced with the goals of educational institutions. Purpose. Research objectives In general, students or parents will be interested in educational institutions that have several superior marketing factors such as the activity programs offered, strategic location, and adequate facilities and infrastructure to support the implementation of effective learning. Method. his research uses a statute approach. In addition, a case approach is also used to find out the ratio decidendi used by the Constitutional Court judges in deciding cases of judicial review of laws related to indigenous peoples. Results. The results of this study are Various kinds of efforts have been made by MAS Ruhul Islam Anak Bangsa in providing the best service to new students, one of which is by offering a special curriculum and offering about the achievements that have been achieved by MAS Ruhul Islam Anak Bangsa and proclaiming its vision, namely realizing Islamic, intellectual, and superior leaders in 1). Faith and piety 2). Science and technology. Conclusion. The conclusion is that technological developments require educational institutions to design strategies in order to determine the right target for students or parents of students

The Legal Politics of Regulating Indigenous Peoples

Background. This research raises the issue of the existence of customary law communities in Indonesia, as well as the dynamics of customary law communities seen from the decision of the Constitutional Court. Purpose. This research is focused on analyzing two things, namely: First, what is the existence of indigenous peoples in Indonesia? Second, how is the legal politics of indigenous peoples through the decision of the Constitutional Court? This research uses a statute approach. Method. his research uses a statute approach. In addition, a case approach is also used to find out the ratio decidendi used by the Constitutional Court judges in deciding cases of judicial review of laws related to indigenous peoples. Results. The results of the study concluded: first, the existence of indigenous peoples in Indonesia has been accommodated in various spheres of legislation, both in the 1945 Constitution, Laws, Regional Regulations, Governor Decrees, and Regent Decrees. Second, the legal politics of indigenous peoples through the decision of the Constitutional Court strengthens the existence of indigenous peoples in Indonesia by providing various interpretations or explanations. Conclusion. this study are that the Panel of Judges in cases of criminal acts of narcotics abuse should minimize criminal disparities to prevent the development of a negative perspective of society towards the criminal system in judicial institutions.

ANALYSIS ON CONSTITUTIONAL COURT DECISION NO. 96/PUU-XVIII/2020 FROM THE PERSPECTIVE OF CRITICAL LEGAL STUDIES THEORY

The establishment of the Constitutional Court is driven by a serious effort to protect the constitutional rights of citizens and uphold the constitution as the highest norm. Constitutional Court Decision No. 96/PUU-XVIII/2022 on the material review of Article 87 letters A and B of Law No. 7/2020 on the Constitutional Court, from the perspective of legal positivism, indicates that the Constitutional Court has exercised its authority in accordance with the governing law. Critical Legal Studies theory, as a branch of legal philosophy, offers a different perspective in evaluating legal products. This research aims to: first, understand the reasoning of the Constitutional Court judges in deciding the case; and second, assess the Constitutional Court's decision from the perspective of Critical Legal Studies theory. The research method employed is doctrinal research with a philosophical approach. The findings of this study reveal that the Constitutional Court ruled that the petitioner's argument concerning Article 87 letter A of Law 7/2020 is legally justified and no longer has binding legal force since the pronouncement of this Decision. However, the petitioner's request regarding Article 87 letter B of Law 7/2020 is deemed legally unjustified. According to the analysis of Critical Legal Studies theory on Constitutional Court Decision No. 96/PUU-XVII/2020, it is evident that there is a dominant ideology influencing the judges' considerations in the decision. The Constitutional Court merely relies on subjective values in deciding the case, disregarding procedural legal principles and pretending to maintain neutrality. The judges' reliance on political institution testimony demonstrates the inseparability of politics and law. The statement in the verdict regarding the selection of the Chairperson and Deputy Chairperson, who can only be reelected nine months after this decision, serves as evidence that the Constitutional Court aims to avoid any disadvantages and indirectly ensures the current Chairperson and Deputy Chairperson will continue to hold their positions.

Constitutional Court Judges’ Interpretation Regarding the Limitation on the Presidential and Vice-Presidential Term of Office

ABSTRACT Purpose of the study: This paper aims to analyze the philosophical meaning of the Constitutional Court Judges' interpretation of Decision No. 117/PUU-XX/2022 on the limitation of presidential and vice-presidential terms of office. It also seeks to examine the limitations of the presidential and vice presidential terms of office in Indonesia's legal transformation and renewal. Methodology: This normative research used the qualitative method. The writers employed development law theory, judges’ interpretation, and philosophical theory. Results: It was revealed that the Constitutional Court Judges' interpretation of Decision No. 117/PUU-XX/2022 considered the grammatical, sociological, systematic, historical, comparative, and futuristic interpretations. The term limits for the president and vice president are part of Indonesia's legal reform and renewal efforts, which aim to establish a system of checks and balances among the state's highest institutions. The 1945 Constitution previously established this limitation. Applications of this study: Since presidential and vice-presidential candidates can only hold office for two terms, this research may motivate political parties to choose candidates who exhibit integrity, morals, and character. Finding the best persons to represent the nation is therefore preferable. Novelty/Originality of this study: There has not been any previous research that analyzes Constitutional Court Judges' interpretation of Decision No. 117/PUU-XX/2022 on the limitation of presidential and vice-presidential terms of office. The transformation and renewal of the law in Indonesia regarding term limits for the president and vice president should be guided by the applicable legal politics in Indonesia. Law No. 7 of 2017 concerning General Elections continues to be referenced in legal politics made by election organizers. The president's term of office is limited to two terms, according to Article 169 letter n and 227 letter i. Keywords: Judicial interpretation, constitutional court, term of office, president, Indonesia. ABSTRAK Tujuan Kajian: Tulisan ini bertujuan untuk menganalisis makna filosofis dibalik interpretasi hakim Mahkamah Konstitusi terhadap Putusan Nomor 117/PUU-XX/2022 tentang pembatasan masa jabatan presiden dan wakil presiden. Selain itu juga bertujuan untuk menganalisis pembatasan masa jabatan presiden dan wakil presiden dalam transformasi dan pembaharuan hukum di Indonesia. Metodologi: Penelitian ini merupakan penelitian normatif yang menggunakan metode kualitatif. Penulis menggunakan teori hukum pembangunan dan interpretasi hakim serta teori filosofis. Hasil Temuan Penelitian: Ditemukan bahwa interpretasi hakim konstitusi terhadap Putusan Nomor 117/PUU-XX/2022 mempertimbangkan interpretasi gramatikal, interpretasi sosiologis, interpretasi sistematis, interpretasi historis, interpretasi komparatif, dan interpretasi futuristik. Dalam transformasi dan pembaharuan hukum di Indonesia, pembatasan masa jabatan presiden dan wakil presiden bertujuan untuk menciptakan sistem check and balances antar lembaga tinggi negara. Pembatasan ini sudah sesuai dengan UUD 1945. Aplikasi Studi: Penelitian ini dapat memotivasi partai politik untuk menjadi calon presiden dan wakil presiden yang memiliki integritas, moral, dan akhlak, karena presiden dan wakil presiden hanya dapat menjabat selama dua periode. Jadi, yang terbaik adalah menemukan kandidat terbaik untuk mengabdi pada negara. Kebaruan/Originalitas penelitian: Belum ada penelitian sebelumnya yang menganalisis interpretasi hakim Mahkamah Konstitusi terhadap Putusan Nomor 117/PUU-XX/2022 tentang pembatasan masa jabatan presiden dan wakil presiden. Tranformasi dan pembaharuan hukum di Indonesia terhadap Pembatasan masa jabatan Presiden dan Wakil Presiden. Hendaknya berperdoman pada politik hukum yang berlaku di Indonesia, politik hukum berupa pembuatan kebijakan dari penyelenggara pemilu tetap mengacu pada Undang No 7 Tahun 2017 tentang Pemilihan Umum. Pasal 169 huruf n, dan Pasal 227 huruf I yang mempertahankan masa jabatan Presiden hanya berlaku dua kali masa jabatan. Kata kunci: Penafsiran yudisial, mahkamah konstitusi, masa jabatan, Presiden, Indonesia

Review of the Authority of the House of Representatives in Removing Constitutional Court Judges

The Constitutional Court of the Republic of Indonesia is a high state institution in the Indonesian constitutional system which is the holder of judicial authority together with the Supreme Court. In the dismissal of the Constitutional Court Judges it is very urgent to decide because it relates to the independence of the Constitutional Court Judges. The longer the case, the political pressure from the DPR as a fellow state high institution will result in the instability of the legal system in Indonesia. Moreover, at this time the DPR has confirmed that it will not annul the replacement of Constitutional Justice Aswanto, so it is important that the DPR's actions be immediately tried by the judicial authority, in casu the Constitutional Court. The formulation of the problem in this study is what is the authority of the DPR in removing Constitutional Court judges? This study uses normative research with descriptive research specifications. The province's request for an examination is very priority and also so that the Court suspends all actions aimed at replacing a serving Constitutional Justice in a manner or procedure outside of the provisions in Article 23 of the Constitutional Court Law, and it is also not justified to issue a stipulation that legalizes the action as the applicant requested in the petitum provision. The petition of the applicant is based on strong reasons which are non-nobis solum sed omnibus (not for us alone, but for everyone), because the independence of the MK as guardian of constitutional rights is at stake.

Prinsip Peradilan Bebas dan Tidak Memihak dalam Negara Hukum: Studi Putusan Mahkamah Konstitusi Nomor 53/PUU-XIV/2017 Mengenai Verifikasi Partai Politik

The Constitutional Court holds the independent authority of the state to administer justice in upholding law and justice. However, one phenomenon that occurs in recent years is the decline in people's trust towards the independent judicial institutions topped off by the absence of intervention which has eventually led to serious polemics in the society. This is also due to the fact that it appears as if the law is no longer serves as a tool for seeking justice, but rather a tool for perpetuating power. This article aims to identify and examine how the principle of free justice in rule of law is implemented in the Constitutional Court decision no. 53/PUU-XIV/2017 on political party verification. The method used is a normative method which positions law as a system of norms for analyzing laws that have been decided by judges through the court process. The results of this research show that the Constitutional Court judges in the Constitutional Court decision Number 53/PUU-XIV/2017, especially regarding political party verification, were guided by the constitution and upheld the principle of an independent and impartial judiciary in the principles of the rule of law. This can be seen from legal considerations that the Constitutional Court considers the obligation to carry out political party verification of all political parties participating in the general election as a whole, both in the 2014 election and new political parties in 2019, so that there shall be no differences and discrimination.

A Study of the Legal Effects of Gender Equality Restoration under Rights of Successors in the Ancestor Worship Guild－Centered on Constitutional Court Judgment No. 1 of 112

A Study of the Legal Effects of Gender Equality Restoration under Rights of Successors in the Ancestor Worship Guild－Centered on Constitutional Court Judgment No. 1 of 112

Holistic Supervision of the Judges of the Indonesian Constitutional Court

The issuance of the latest Constitutional Court Law, Law Number 7 of 2020 on the Third Amendment to Law Number 24 of 2003 on the Constitutional Court, does not bring significant changes in the mechanism for monitoring constitutional court justices and the enforcement of the Code of Ethics and Conduct of Constitutional Justices. This paper aimed to offer a more holistic means of supervising constitutional court judges. The idea is a triangle of supervision consisting of internal control of individual judges, internal control of the institution, and external supervision.
 Keywords: Supervision of Judges/Justices, Constitutional Court, Code of Ethics, Judges Integrity

Juridical Review of the Authority of the House of Representatives in Proposing the Dismissal of Constitutional Judges is Associated with the Principle of Legal Certainty and Does Not Abuse Authority in the General Principles of Good Government

This article discusses the authority of the House of Representatives in proposing the dismissal of Constitutional Court judges. This analysis is associated with Article 23 of Law Number 7 of 2020 concerning the Third Amendment to Law Number 24 of 2003 concerning the Constitutional Court. This legal research is based on qualitative methodology using literature studies sourced from laws and regulations, books, and scientific journal articles. This article concludes that the House of Representatives is only authorized to propose 3 (Three) constitutional judges in accordance with applicable regulations and is not authorized to propose the dismissal of Constitutional Court judges because there are no legal rules that can be based on the House of Representatives to propose the dismissal of Constitutional Court judges. The reason for the House of Representatives in proposing the dismissal is only based on certain political reasons, namely Aswanto as a constitutional judge often annuls the legal products of the House of Representatives, which is certainly the task of a constitutional judge to examine the law against the Constitution, associated with the General Principles of Good Governance, the steps of the House of Representatives are not in accordance with the principle of legal certainty and the principle of not abusing authority. In this case, the House of Representatives should not override its own products. This article discusses the authority of the House of Representatives in proposing the dismissal of Constitutional Court judges. This analysis is associated with Article 23 of Law Number 7 of 2020 concerning the Third Amendment to Law Number 24 of 2003 concerning the Constitutional Court. This legal research is based on qualitative methodology using literature studies sourced from laws and regulations, books, scientific journal articles

Constitutional court judgement on research use of National Health Insurance database

Constitutional court judgement on research use of National Health Insurance database

The Role of Islamic Law in Enriching the Decisions of the Indonesian Constitutional Court

This article discusses the role of Islamic Law in enriching legal considerations of constitutional court decisions. As one of the recognized laws in Indonesia, it turns out that Islamic Law has an essential role in the development of national law, including the Constitutional Court decision. It was proven by the existence of 20 decisions by the Constitutional Court on judicial review of laws with Islamic Law. However, of the 20 decisions, there were only six decisions in which the Constitutional Court used Islamic Law as the basis for its consideration. In this article, we will discuss several things, namely the construction of Islamic Law and the development of positive law in Indonesia. Meanwhile, the penultimate part argues that efforts to legal positivism in Indonesia have been going on for a long time. Before conclusion, the last part believes that in fact, there are nuances of Islamic theory or Islamic Law used by the Constitutional Court judges in several decisions of the Constitutional Court.