Jurnal Penelitian Hukum De Jure (Sep 2023)
The Ideal Mechanism of Clerical Errors Resolution in The Legislation in Indonesia (Comparison with United Kingdom, United States, and Singapore)
Abstract
The problem of article clerical error creates multi-interpretation, ambiguity, and obscure in understanding the meaning of the substance of the Article so a mechanism is needed to optimize the authority of the Constitutional Court. This study aims to optimize the Constitutional Court's role in providing a legal interpretation of clerical error. The research method used is normative juridical with a doctrinal approach. The results showed that clerical error resulted in multiple interpretations of the substance of an Article. Thus, a legal interpretation by the Constitutional Court for the clerical error is needed which needs to be optimized for its role as a preventive multi-interpretation of the substance of articles in laws and regulations in Indonesia. For example, there is a newly passed law, so to change an article that is not by the system of changing/revising the law for a long time, so to shorten the mechanism for change/revision it requires legal interpretation in the Constitutional Court.
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