The Decision of the Constitutional Court Which Is Positive Legislature and Their Implications on Substantial Democracy in Indonesia

Abstract

The decisions of the Constitutional Court are always interesting to observe. First, the Constitutional Court's decision has a broad impact in maintaining and ensuring the guarantee of the principles of the rule of law, human rights and institutionalized democracy. Second, the decisions of the Constitutional Court are always dynamic. Not always conservative. As in the decision of the Constitutional Court, which is positive legislation, it provides a breakthrough that the Constitutional Court is no longer just a norm canceler. However, it can test or create norms on a limited basis with constitutional or conditionally unconstitutional terms. Third, it is certain that the model of the Constitutional Court's decision is positive legislation and risks causing tension with the parliament as the legislator. It is important to study and relate it to the institutionalization of substantial democracy, a democracy that brings justice and equality in the public sphere.