宪法法院裁决的法律效力依然存在

I. N. Suandika, Yohanes Usfunan, I. Dewa, Gede Palguna, Ni Nengah Adiyaryani
{"title":"宪法法院裁决的法律效力依然存在","authors":"I. N. Suandika, Yohanes Usfunan, I. Dewa, Gede Palguna, Ni Nengah Adiyaryani","doi":"10.55324/josr.v2i12.1606","DOIUrl":null,"url":null,"abstract":"Issues relating to granting permanent legal force to decisions of the constitutional court immediately after they are pronounced in a plenary session open to the public are important to research for several reasons Firstly, it is very important for us to know the rationale for granting permanent legal force to decisions of the constitutional court given immediately after completion. pronounced in a public meeting open to the public. Second, understanding the permanent legal force of constitutional court decisions is also related to the question of why it is not possible to have legal efforts to correct constitutional court decisions if errors occur in terms of achieving legal certainty. Based on this, the question also arises as to whether the constitutional court's decision regarding this error will continue or not. Third, it is related to whether the legislator (positive legislator) can override the decision of the constitutional court. What is the rationale underlying the granting of permanent legal force to a Constitutional Court decision from the moment it is pronounced in a session open to the public? This research is normative legal research because there is a legal vacuum if the constitutional court's decision is contrary to the spirit of the 1945 Constitution. The importance of immediacy in granting permanent character to the constitutional court's decision, if viewed from the law in book aspect, is indeed the best choice. This is based on the following reasons. First, the Constitutional Court was formed to protect the purity of the Constitution with a more detailed interpretation. This interpretation will be used as a basis for resolving problems by certain authorities who are given direct authority by the Constitution. Therefore, it is appropriate that the interpretation is only carried out once, which is binding so that the decision must be placed at the first and final level where no effort can be made to cancel it. Second, apart from that, it must also be understood that the constitutional court as a constitutional court can resolve problems and provide legal certainty quickly by the principles of fast and simple justice.","PeriodicalId":507389,"journal":{"name":"Journal of Social Research","volume":"46 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Legal Power of the Constitutional Court Decisions Remains\",\"authors\":\"I. N. Suandika, Yohanes Usfunan, I. Dewa, Gede Palguna, Ni Nengah Adiyaryani\",\"doi\":\"10.55324/josr.v2i12.1606\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Issues relating to granting permanent legal force to decisions of the constitutional court immediately after they are pronounced in a plenary session open to the public are important to research for several reasons Firstly, it is very important for us to know the rationale for granting permanent legal force to decisions of the constitutional court given immediately after completion. pronounced in a public meeting open to the public. Second, understanding the permanent legal force of constitutional court decisions is also related to the question of why it is not possible to have legal efforts to correct constitutional court decisions if errors occur in terms of achieving legal certainty. Based on this, the question also arises as to whether the constitutional court's decision regarding this error will continue or not. Third, it is related to whether the legislator (positive legislator) can override the decision of the constitutional court. What is the rationale underlying the granting of permanent legal force to a Constitutional Court decision from the moment it is pronounced in a session open to the public? This research is normative legal research because there is a legal vacuum if the constitutional court's decision is contrary to the spirit of the 1945 Constitution. The importance of immediacy in granting permanent character to the constitutional court's decision, if viewed from the law in book aspect, is indeed the best choice. This is based on the following reasons. First, the Constitutional Court was formed to protect the purity of the Constitution with a more detailed interpretation. This interpretation will be used as a basis for resolving problems by certain authorities who are given direct authority by the Constitution. Therefore, it is appropriate that the interpretation is only carried out once, which is binding so that the decision must be placed at the first and final level where no effort can be made to cancel it. Second, apart from that, it must also be understood that the constitutional court as a constitutional court can resolve problems and provide legal certainty quickly by the principles of fast and simple justice.\",\"PeriodicalId\":507389,\"journal\":{\"name\":\"Journal of Social Research\",\"volume\":\"46 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-11-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Social Research\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.55324/josr.v2i12.1606\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Social Research","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.55324/josr.v2i12.1606","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

关于宪法法院在向公众开放的全体会议上宣布裁决后立即赋予其永久法律效力的问题具有重要的研究意义,原因有以下几点 首先,了解宪法法院在向公众开放的公开会议上宣布裁决后立即赋予其永久法律效力的理由对我们来说非常重要。其次,了解宪法法院裁决的永久法律效力还关系到一个问题,即为什么在实现法律确定性方面,如果宪法法院的裁决出现错误,不可能通过法律努力来纠正。在此基础上,还会产生一个问题,即宪法法院对这一错误做出的裁决是否会延续下去。第三,与立法者(积极立法者)能否推翻宪法法院的决定有关。宪法法院的裁决在向公众开放的会议上宣布后即被赋予永久法律效力,其依据是什么?这项研究属于规范性法律研究,因为如果宪法法院的裁决违背 1945 年《宪法》的精神,就会出现法律真空。如果从书本法律的角度来看,赋予宪法法院裁决永久性的直接性的重要性确实是最佳选择。这是基于以下原因。首先,宪法法院的成立是为了通过更详细的解释来保护宪法的纯洁性。这种解释将作为某些被宪法直接授权的部门解决问题的依据。因此,解释只进行一次是适当的,这具有约束力,因此必须将决定置于第一级和最终级,任何努力都无法取消它。其次,除此之外,还必须认识到,宪法法院作为宪法法院,可以通过快速和简单的司法原则快速解决问题并提供法律确定性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Legal Power of the Constitutional Court Decisions Remains
Issues relating to granting permanent legal force to decisions of the constitutional court immediately after they are pronounced in a plenary session open to the public are important to research for several reasons Firstly, it is very important for us to know the rationale for granting permanent legal force to decisions of the constitutional court given immediately after completion. pronounced in a public meeting open to the public. Second, understanding the permanent legal force of constitutional court decisions is also related to the question of why it is not possible to have legal efforts to correct constitutional court decisions if errors occur in terms of achieving legal certainty. Based on this, the question also arises as to whether the constitutional court's decision regarding this error will continue or not. Third, it is related to whether the legislator (positive legislator) can override the decision of the constitutional court. What is the rationale underlying the granting of permanent legal force to a Constitutional Court decision from the moment it is pronounced in a session open to the public? This research is normative legal research because there is a legal vacuum if the constitutional court's decision is contrary to the spirit of the 1945 Constitution. The importance of immediacy in granting permanent character to the constitutional court's decision, if viewed from the law in book aspect, is indeed the best choice. This is based on the following reasons. First, the Constitutional Court was formed to protect the purity of the Constitution with a more detailed interpretation. This interpretation will be used as a basis for resolving problems by certain authorities who are given direct authority by the Constitution. Therefore, it is appropriate that the interpretation is only carried out once, which is binding so that the decision must be placed at the first and final level where no effort can be made to cancel it. Second, apart from that, it must also be understood that the constitutional court as a constitutional court can resolve problems and provide legal certainty quickly by the principles of fast and simple justice.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信