Positive Legislature Decisions by the Constitutional Court

Abstract

The shift in the role of the Constitutional Court, which has tended to become a positive legislator in the last 11 years, began with the existence of Constitutional Court Decision Number 48/PUU-IX/2011, which, in its essence, eliminated the limitations on the role of constitutional judges in rendering decisions with a regulatory nature. Consequently, in the last 11 years, out of 198 accepted decisions, 107 positive legislative decisions were identified, and when presented, these positive legislative decisions constituted a majority of 54% of the total decisions. The practice of positive legislation itself appears to be ineffective, primarily due to the fact that out of the total 107 decisions, only 26 decisions were implemented by the addressees of the decisions. Through normative juridical research using a statute approach and conceptual approach, this study is focused on understanding why the practice of positive legislation is not optimal. This is because there is no legal basis, it does not fall within the Constitutional Court’s domain to decide cases with a regulatory nature, and there is no obligation for the addressees of the decisions to implement positive legislative decisions.

Keywords

• Constitutional Review
• Constitutional Justices
• Decisions Granted
• Positive Legislative Decisions