The Development of National Law Based on Constitutional Court Decisions

Abstract

Indonesia is a country that adopts a civil law system. The main source of law for states that adopt a civil law system is the law. After amendment 1945 constitution which occurs in 1999 until 2002 and the Constitutional Court was born in 2003 because of its amendment 1945 constitution. There is a new source of law that has a very strategic role in efforts to develop a national legal system, namely the Constitutional Court's Decision. The Constitutional Court's decisions often contain orders, recommendations, and prohibitions to form legislators to amend laws that are declared unconstitutional. Sometimes, The Constitutional Court was ignored by the legislator. It means that The Constitutional Court decision has not a primary source of law. This paper aims to discuss the character of the Constitutional Court decision and how is the concept of national legal development based on the Constitutional Court decision. The method used in this study is juridical-normative through the regulatory approach and case study approach. According to the research result, the character of the Constitutional Court decision is final and binding. The judicial policy or judicial order must be put in the planning of development of national law document.