SIFAT KEBERLAKUAN ASAS ERGA OMNES DAN IMPLEMENTASI PUTUSAN MAHKAMAH KONSTITUSI

Abstract

The Indonesian Constitutional Court in its historical journey is also not free from various obstacles. The decisions of the Constitutional Court in reality are not necessarily understood as a law. This paper uses the normative juridical method by emphasizing philosophical and historical approaches. Based on the erga omnes principle of the Constitutional Court's decisions and the response of the public and state administrators to the decisions of the Constitutional Court, the results show that the validity of the erga omnes principle was born from the final and binding decisions of the Constitutional Court. From a philosophical perspective, a Constitutional Court decision must be binding on all parties, both individuals and institutions. However, in its implementation some public and state administrators did not respond accordingly. Such conditions lead to a conclusion that understanding and constitutional awareness in the society and institutions is still low.