Tadulako Law Review (Dec 2021)
CONSTITUTIONAL COMPLAINT AND CONSTITUTIONAL QUESTION (STUDY OF THE URGENCY OF CITIZENS CONSTITUTIONAL RIGHTS)
Abstract
The Constitutional Court of Indonesia as a judicial institution is expected to ensure the fulfillment of the constitutional rights of citizens through its authority. But there is still a weakness in the Constitutional Court, namely by the absence of constitutional complaint and constitutional question authority, so that many citizens are not fulfilled their constitutional rights. This research will explore and analyze how exactly the concept of constitutional complaint and the concept of constitutional question and formulate its urgency to the fulfillment of the constitutional rights of citizens. This research is a type of normative juridical research with a statutory and conceptual approach. The result of the discussion in this study is that constitutional complaint is a mechanism to resolve violations of the constitutional rights of citizens that are not regulated in the law and its urgency provides an opportunity for citizens to challenge judicial decisions, bilateral and multilateral agreements until the enactment of conventions that are considered to violate the constitutional rights of citizens. While constitutional question is a constitutional testing mechanism whose application is submitted by a judge of the general court when the judge doubts the constitutionality of a law that will be applied in a particular case that he is dealing with and the urgency of giving respect, protection, and fulfillment of the constitutional rights of citizens with judges not forced to apply the applicable law to a case that according to his belief that the law is unpassed. It is contrary to the constitution or indecision of its constitutionality.
