MODEL FOR FOLLOWING UP ON CONSTITUTIONAL COURT DECISIONS

Abstract

The decision of the Constitutional Court is final and binding, effective immediately upon its announcement in open session. This means that the decision applies to all parties, not just the litigants, and has legal implications for the regulation of laws and the civil rights of citizens. The decision requires follow-up in the form of lawmaking or amendments, with the Government and the DPR RI playing crucial roles in implementing the Court’s decision. However, not all Constitutional Court decisions are followed up by lawmakers. This study aims to explore the implications of the decision and the follow-up model based on justice and legal certainty, focusing on the Constitutional Court’s decisions related to civil rights. The research used the normative legal research method. This research shows that the Constitutional Court’s decision is only sometimes enforceable by the addressee, which can lead to a legal vacuum and a decline in the authority of law. The model of the Constitutional Court’s order to the addressee (judicial order), in the form of suggestions or encouragement for the legislative body to consider certain aspects of the requested norm change, can facilitate and encourage the DPR RI and Government to implement the Constitutional Court’s decision. This model simultaneously serves as a means of controlling constitutional compliance.