Pengaruh Putusan Mahkamah Konstitusi di Bidang Pengujian Undang-Undang terhadap Sistem Peradilan Pidana Indonesia dengan Perubahan KUHAP

Abstract

The article aims to examine all relevant constitutional court decisions which have impacts on criminal laws, especially in substantive, procedural, and penitentiary law. The article is based on a legal normative research employing secondary data, including primary legal sources, secondary legal sources, and tertiary legal sources. The method in collecting the data is library research. The research tools is documentary study. The analysis is qualitative which is strengthened by descriptive analysis.There are two conclusive statements of this research. Firstly, the finding on constitutional court decisions showed that 32 (thirty two) decisions were made for procedural criminal law, but only 13 (thirteen) decisions were in line with the applicants’ objectives which are mainly related to Criminal Procedural Code (KUHAP). Secondly, Supreme Court produced Perma or SEMA which overruled the Constitutional Court decisions.

Decision of the Constitutional Court of the Republic of Indonesia regarding Criminal Procedure Law in Criminal Law Enforcement in the City of Kediri

“…Muhammad Fatahillah Akbar called it a policy that deviated from the MK decision. 47 Such policies give rise to controversy, so that the principle of legal certainty is set aside.…”