Characteristics and the Constitutionality Test of the Property of the People’s Consultative Assembly of the Republic of Indonesia

Abstract

This study focuses on analyzing and finding answers to the characteristic questions of the MPR Decree and the Institutions authorized to carry out the constitutionality test of the MPR Tap. Then this research is analyzed by using the Rechtsstaat Theory of Law, Theory of Authority, Legal Theory, Theory of Testing of Legislation, and Legal Vacancy Theory. This research is normative law research through Philosophical Approach, Legal Approach, Conceptual Approach, Historical Approach, Case Approach, and Comparative Approach. Sources of legal materials used are primary legal materials, secondary law materials, and tertiary legal materials. Analysis of legal materials in this research is done through identification of a primary legal material, then done grouping of legal materials with several methods. The MPR holds the highest powers compared to other high-ranking state institutions. Its power is able to change and establish the 1945 Constitution of the Republic of Indonesia and the MPR Decree which is the highest regulation as a reference for the legal norms underneath as proposed by Hans Kelsen and Hans Nawiasky in the stuffen theory. MPR is authorized to issue TAP MPR which characterized beschikking in terms of amending and defining the 1945 Constitution of the Republic of Indonesia and Determination of the Appointment and/or Dismissal of the President and/or Vice President. The development of the constitutional system still leaves the TAP MPR product which is regulated as legitimated by MPR Decree Number I/MPR/2003 which can only be tested of constitutionality by a special judicial institution in the form of Constitutional Court Ad Hoc.

Keywords: MPR, TAP MPR, Constitutional Court, Ad Hoc