The Position of Constitutional Court Decisions on Legislative and Executive Legal Products

Abstract

The Constitutional Court (MK) plays an important role in the Indonesian constitutional system as an institution that upholds the supremacy of the constitution and maintains the balance of power among state institutions, particularly in testing legislative and executive legal products to ensure they align with the 1945 Constitution. The purpose of this research is to analyze the position and binding power of MK decisions on legislative and executive legal products, as well as to examine the implications for the formation and implementation of national law. The research problem is focused on how the legal position of MK decisions affects legislative and executive legal products and to what extent these decisions influence the practice of the Indonesian constitutional system. This research uses a normative legal method with legislative, conceptual, and case approaches, and data collection is conducted through literature studies of primary, secondary, and tertiary legal materials. The research findings indicate that MK decisions are final and binding, have general applicability (erga omnes), and serve as constitutional guidelines in the formation of laws and government policies. In conclusion, the effective implementation of MK decisions is a measure of the success of the Indonesian rule of law in upholding the principles of constitutionalism, legal certainty, and equitable democracy.