Study of constitutional court decisions cancelling all norms in the law

Abstract

This article is the result of research on the heart article in the 3 Constitutional Court Decisions which canceled the entire contents of the law, namely the Constitutional Court Decision Number 001-021-022/PUU-I/2003 which canceled Law Number 20 of 2002 concerning Electricity, Constitutional Court Decision 006/PUU-IV/2006 which canceled Law 27 of 2004 concerning the Truth and Reconciliation Commission, Constitutional Court Decisions 11-14-21-126 and 136/PUU-VII/2009 which canceled the Law Number 9 of 2009 concerning Legal Education Entities, and the Constitutional Court Decision 85/PUU-XI/2013 which canceled Law Number 7 of 2004 concerning Water Resources. The term 'heart article' is the term coined by the Constitutional Court and used as the main reason for canceling the entire contents of the law. Unfortunately, in these decisions, the Constitutional Court did not elaborate further on the concept and characteristics of an article categorized as the heart article. Departing from this issue, this research aims to find out what are the concepts and characteristics of the "heart article" of a law that was completely canceled by the Constitutional Court? To help answer this question, this research employed a normative method intended to trace all legal materials, both of the Constitutional Court decisions, statutory regulations, to the literature supporting the research. The importance of this research is to give meaning to the concept of the heart article, which, in the development of legal science, is still rarely discussed. Moreover, it can serve as a reference for petitioners to conduct the judicial review and to identify whether the article being tested is the heart article.

The existence of judgeʼs authority norm in preliminary review as an embodiment of the principle of immediate procedures in civil procedure law

“…Normatively, the existence of judges does not mean that judges are obliged to provide direction or guidance regarding the examination of formal requirements in a separate process, and judges also have no attachment or obligation to provide direction or guidance to litigants regarding the completion of formal requirements properly and in accordance with the rules. Judges play an important role in accelerating access to justice for anyone who needs it (Ramadhan & Rafiqi, 2021). However, in practice judges can rely on the principles of civil procedural law, one of which is the principle of active judge.…”

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“…Normatively, the existence of judges does not mean that judges are obliged to provide direction or guidance regarding the examination of formal requirements in a separate process, and judges also have no attachment or obligation to provide direction or guidance to litigants regarding the completion of formal requirements properly and in accordance with the rules. Judges play an important role in accelerating access to justice for anyone who needs it (Ramadhan & Rafiqi, 2021). However, in practice judges can rely on the principles of civil procedural law, one of which is the principle of active judge.…”

The Indonesian and French Justice System (in Comparison of Structure and Mechanism)

“…The difference between the Indonesian Judicial System [7] and the French Judicial System [8], which can be most easily understood is from the numenclature of each According to the author, the existence of the Constitutional Court should be intended for violations of the constitutional rights of its citizens [9]. This has been implemented…”