PEMBARUAN HUKUM ACARA PENGUJIAN PERATURAN PERUNDANG-UNDANGAN DI BAWAH UNDANG-UNDANG

Abstract

The mechanism of judicial review of implementing provision of laws is currently regulated under Perma No.1/2011 on the Rights to Judicial Review. In practice, It is stiff seen that the regulation is not sufficient to uphold the rule of law and to create an open and fair trial mandated by the 1945 State Constitution. This essay argues the need to improve the Perma No. 1/2011 and the efforts to make reform, as well. As a consequence, there are some important  issues to be coped with, among others, the absence of testing mechanism with an open trial, uncertainty in the judicial process and stages, the forge amount of cost applicants must pay, the citation and substance of the decision, the nature of decision does not  need to apply, and the absence of reconsideration  mechanism. The writer  reveals that  there are ways of reform of mechanism of judicial  review of the implementing provisions of laws, namely (1) sending the proposal of the amendments  of  the Perma to  the Supreme Court, (2) making  the judicial  review of  the Perma No.1/2011  in the Supreme Court, (3) push it to become a legislation, and (4) sending the judicial  review of  Law on the Supreme Court and Law on Judge to the Constitutional Court.