ENFORCEMENT OF DECISIONS OF THE CONSTITUTIONAL COURT AT THE ELECTION STAGES THAT ARE IN CONSTRUCTION

Abstract

The Constitutional Court is one of the independent judicial power actors, with one of its powers is to review laws against the 1945 Constitution. Decisions made by the Constitutional Court can change or create new laws. This applies to all cases submitted to the Constitutional Court including election cases. Thus, the interesting problem in this study is how the Constitutional Court's decision is enforced during the election stage? This study uses a normative approach with a constructivist paradigm. The decision of the Constitutional Court has permanent legal force since it has been pronounced in a plenary session open to the public, namely final and binding. Thus, the enactment of the Constitutional Court's decision during the election stage does not make the Constitutional Court's decision have no permanent legal force or can interfere with the ongoing election stages. Thus, in relation to the Constitutional Court Decision which was decided during the ongoing election stages, the Constitutional Court is expected to be able to provide an interpretation, by giving consideration in accordance with the ongoing constitutional system, so that election organizers can still refer to the enforcement of the Constitutional Court's decision in order to realize a constitutional system the ideal.