Philosophical Aspects of Legal Discovery (Rechtsviding) in the Testing of Law by the Constitutional Court of The Republic of Indonesia

Abstract

A state based on law, the principle of the rule of law guarantees certainty, truth, and legal protection with the core of truth and justice. The establishment of the judicial institution of the Constitutional Court, the Republic of Indonesia is a manifestation of the practice of state democracy based on the constitution in Indonesia. Based on the authority possessed by the Constitutional Court, philosophically, legal discovery in judicial review is a form of constitutionally legitimized decision, if the law is contrary to the 1945 Constitution.

Keywords: Philosophical Aspects, Judicial Review, Constitutional Court

DOI: 10.7176/JLPG/115-13

Publication date: November 30^th 2021