The Existence of Final and Binding Ruling by the Constitutional Court in Constitutional Review

Abstract

The existence of the Constitutional Court in modern countries is considered a new phenomenon in filling the existing and established state administration system. For countries that experience a change from authoritarian to democracy, the establishment of the Constitutional Court becomes urgent because it wants to change or improve the State-administrative system. The type of research is normative-juridical that intended to discusses concepts, doctrines and theories (principles) and legislation, which correlate to philosophical construction regarding the existence of a Constitutional court ruling. In relation to this normative research, several approaches will be used, namely statutory, conceptual, analytical, philosophical, and case approaches. The results show that the existence of a final and binding ruling by the Constitutional Court in reviewing the law is clear normatively as mandated in the existing constitutional but in terms of the implementation of the existing ruling, the existence of this ruling gets more attention by the structure of the relevant institution so that in the implementation of the Constitutional Court’ ruling did not experience obstacles and challenges from related institutions or structures.

Keywords: Final and Binding, Constitutional Court, Constitutional Review; Judge