Portrait of constitutional question mechanisms in judicial review practices in the Constitutional Court from the perspective of prophetic law paradigm

Lutfi, Mustafa (2021) Portrait of constitutional question mechanisms in judicial review practices in the Constitutional Court from the perspective of prophetic law paradigm. Presented at ICONETOS 2020 – the International Conference on Engineering, Technology and Social Science, 31 October 2020, Malang, Indonesia.

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Abstract

The constitutional question mechanism in the constitutional review authority in the Constitutional Court (MK) has not been adapted so that it can result in the constitutional rights of citizens not being comprehensively protected. Substantive justice based on the One God (transcendent justice) has not been accommodated properly. The focus of this paper is to look at the constitutional question mechanism in the judicial review practice in the Constitutional Court based on the perspective of the Prophetic Law Paradigm. This type of research is a normative juridical study using a statutory approach and a conceptual approach. The method of collecting legal materials was carried out through literature study and analyzed using qualitative juridical analysis methods. The results and findings of the study indicate that the institutionalization of the constitutional question mechanism can be realized by expanding the constitutional review authority in the Constitutional Court. This expansion of authority can be carried out by changing the Constitutional Court Law, without making changes to the 1945 Constitution. The prophetic law paradigm can be used as an alternative perspective to revive the spirit of justice based on One God (transcendent justice) in the practice of constitutional testing in the Constitutional Court, especially in implementing mechanisms constitutional question.

Item Type:	Conference (Paper)
Keywords:	constitutional court; constitutional review; prophetic law paradigm
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180108 Constitutional Law
Divisions:	Faculty of Sharia and Law > Department of Islamic Constitutional Law
Depositing User:	Mustafa Lutfi
Date Deposited:	28 Jun 2021 09:17

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