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CONSTITUTIONAL COURT AND CONSTITUTIONAL COURT PROCEDURE LAW

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Presentation on theme: "CONSTITUTIONAL COURT AND CONSTITUTIONAL COURT PROCEDURE LAW"— Presentation transcript:

1 CONSTITUTIONAL COURT AND CONSTITUTIONAL COURT PROCEDURE LAW

2 BACKGROUND OF CONSTITUTIONAL COURT INSTITUTION
US Supreme Court Decision Marbury vs Madison 1803. George Jellinek  Austria’s Supreme Court have Authority to review parliament act. Hans Kelsen  Set up separate court outside MA  Vervassungsgerichtshoft (Austria Constitution 1920).

3 ARGUMENTATION Supremacy of the Constitution Checks and Balances
Protection of Citizen Rights

4 The Constitutional Court of the RI
M Yamin  Supreme Court should review act. Konstitusi RIS  Supreme Court Review State Act. Recommendation of PAH II MPRS  Supreme Court should Review Act. IKAHI  1970, Supreme Court should Review Act. Tap MPR No. III/MPR/2000  MPR Review Act against Constitution. The Third Amendment of UUD 1945  CCRI

5 Dasar Pemikiran The Importance of JR Balancing the power of law maker.
From Supremacy of MPR to the Supremacy of the Constitution. Human Rights and Constitutional Rights Protection.

6 Status of CCRI State Organ Judiciary Organ
Equal among others constitutional organ Impartial

7 AUTHORITY Decide on: Constitutional Review of Parliament Act;
Inter-branch Dispute; Dispute on the result of General Election; Political Party Dissolution; Impeachment of the President and/or VP.

8 FUNCTION the guardian of the constitution;
the final interpreter of the constitution; the protector of human rights; the protector of the citizen’s constitutional rights; the protector of democracy.

9 SOURCES UUD 1945 Act. NO. 24 TAHUN 2003 (and related Act);
PMK-PMK (CC Regulation) Decision of CCRI


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