ANALISIS YURIDIS TERHADAP PENGUJIAN KETETAPAN MAJELIS PERMUSYAWARATAN RAKYAT (TAP MPR)

Abstract

Law No. 12 of 2011 on the Formation of Legislations and Regulations reinstated the TAP MPR in the hierarchy of laws and regulations, which had previously been omitted. The return of the MPR TAP to the order of laws and regulations implies that the MPR TAP must not contradict the constitution as the highest legal basis. Due to considerations in Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia, the Constitutional Court refused to review the TAP MPR against the 1945 Constitution of the Republic of Indonesia. Until now, there has been no legal provision that more clearly regulates the review of the TAP MPR and the mechanism that resulted in the vacancy. The purpose of this research is to determine how the legal arrangements for the TAP MPR trial are deemed to be in violation of the constitution, as well as which state institutions have the authority to review the TAP MPR. The doctrinal legal research method (juridical-normative) is used in this study, and the data sources used are obtained from secondary data using primary legal material, namely the Decree of the People's Consultative Assembly, and secondary legal materials such as books, journals, and others. The doctrinal legal research method (juridical-normative) is used in this study, and the data sources are obtained from secondary data using primary legal material, namely the Decree of the People's Consultative Assembly, and secondary legal materials such as books, journals, and others. According to the findings of this study, there is no legal regulation governing the TAP MPR test, and no state institution is authorized to administer it. As a result, the TAP MPR must be equated with the Law in order for the Constitutional Court to conduct a review. Another policy is to amend the Republic of Indonesia's 1945 Constitution by granting the Constitutional Court the authority to review the TAP MPR.

Keywords : TAP MPR, judicial review, hierarchy of laws and regulations