Reconstruction of Testing Legislation by the Supreme Court

Abstract

Article 24 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia: The Supreme Court has the authority to adjudicate at the cassation level, examine statutory regulations under laws, and have other powers granted by law. The research objective is to reconstruct the procedural law for testing statutory regulations under the law by the Supreme Court. The research method is this type of normative legal research with the following approaches: laws and regulations, concept approach, historical approach, and comparative approach. In conclusion, the reconstruction of the procedural law for testing statutory regulations under the law was carried out by the Supreme Court, namely by improving Perma No. 01 of 2011 concerning the Right to Judicial Review because it is very concise and simple, so that in the future it can still be developed by accommodating hearings that are open to the public present the relevant parties and hear the testimony of witnesses or experts (if needed), the formality of the application for review of the proposed law must first be examined carefully by the clerk's office to determine whether the application file is complete, if the file has been completed or has been corrected, the permanent clerk must check again to ensure that the required documents have been met. This evidence in the form of electronic or optical devices is something new that is regulated in procedural law, which is a development in the field of law, and the implementation of a government decision can only be canceled (vernietigbaar), not canceled (nietigaabsoluut niet ig-inextence), or null and void (van rechtswege nietig).