Journal of Legal, Ethical and Regulatory Issues

1544-0044

Abstrait

Indonesian Constitutional Interpretation: Constitutional Court Versus the People's Consultative Assembly

Fence M. Wantu, Novendri M. Nggilu, Mellisa Towadi, Ahmad

The discourse on the interpretation function of the constitution raises two ways of the mind, the first to assess the Constitutional Court is the right institution to perform the function of the final commentators, both of which are strengthened in the institution of the People's Consultative Assembly that is the most appropriate because of the people's Consultative Assembly which has the authority to change and establish the Constitution as this article is intended to formulate a future scenario that can be considered in the implementation of the interpretation function of the constitution. The approach used is a statute approach and a conceptual approach. The findings of this study formulate two schemes, the first interpretation function remains attached to the Constitutional Court which is attached to the authority to test the constitutionality of legislation, but opens the room for the People's Consultative Assembly as a party that can be presented at the conference to be asked the explanatory or description related to the textual meaning formulation of constitutions that are used as test stones. Secondly, the interpretation function is in the Constitutional Court and the People's Consultative Assembly, with the mechanisms of the Constitutional Court and the People's Consultative Assembly to conduct an interpretation of the examination of the constitutionality of legislation, and each interpretation results will contribute to the outcome of the Constitutional Court decision.

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