Constitutional Complaint sebagai Perluasan Konseptual Pengujian Undang-Undang terhadap Undang-Undang Dasar Negara Republik Indonesia Tahun 1945

Abstract

Constitutional complaint can be defined as a complaint or lawsuit submitted by an individual to the Constitutional Court against the actions (or omissions) of a public institution which result in the violation of the basic rights or constitutional rights of the person concerned. Unfortunately, as a country that adheres to the principle of the rule of law, the Indonesian Constitutional Court does not have the authority to adjudicate constitutional cases complaints . The problem formulation in this writing is (1) what is the relationship between the principles of the rule of law and constitutional authority complaints in protecting constitutional rights, (2) what is the concept of judicial review of the 1945 Constitution of the Republic of Indonesia, (3) how to grant authority to adjudicate constitutional complaints to the Indonesian Constitutional Court. The method used in writing this thesis is the normative juridical method. The author uses secondary data sources consisting of primary, secondary and tertiary legal materials. The data collection technique uses library research, namely looking for data from books, statutory regulations and journals. Based on the research results obtained by the author, the author found (1) The relationship between the principles of the rule of law and constitutionalism complaints in protecting the constitutional rights of citizens, (2) The concept of judicial review that is recognized in Indonesia is limited to reviewing the abstract of a law, (3) expanding the authority of the Constitutional Court of the Republic of Indonesia in adjudicating constitutional cases complaints can be done without changing the 1945 Constitution of the Republic of Indonesia.