The Urgency of the Constitutional Question by the Constitutional Court and Its Relevance to the Indonesian Democracy Index during the COVID-19 Pandemic

S.W. Madjid, Mario Agritama and Wahyu Asmorojati, Anom (2023) The Urgency of the Constitutional Question by the Constitutional Court and Its Relevance to the Indonesian Democracy Index during the COVID-19 Pandemic. The Urgency of the Constitutional Question by the Constitutional Court and Its Relevance to the Indonesian Democracy Index during the COVID-19 Pandemic, 4 (1). pp. 59-74. ISSN P-ISSN: 2746-0967, E-ISSN: 2721-656X

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Abstract

The Constitutional Court’s authority to conduct the judicial review contains deficiencies
implied upon the less maximum efforts to actualize constitutional democracy during the
COVID-19 pandemic. Hence, the constitutional question is crucial in responding to the
issue; it influences the increase of the Indonesian democracy index during the COVID-19
pandemic. The present study aimed to examine and analyze the urgency of constitutional
questions by the Indonesian Constitutional Court in actualizing constitutional democracy
with a particular design if it is to be regulated in the Constitution and the laws of the
Constitutional Court. The research belongs to normative juridical with library research
method. The results showed the urgency of the Indonesian Constitutional Court’s
authority to impose constitutional questions. (1) It is to increase the Indonesian democracy
index during the COVID-19 pandemic (2) It is to protect the citizens’ Constitutional Rights;
(3) It is to increase the citizens’ constitutional awareness; (4) It is to connect the judges’
interpretation; (5) It is to actualize progressive and responsive substantive justice. Besides,
the research compared the authorities of the constitutional courts applied bycountries such
as Austria, Germany, and Russia, where the Constitutional Courts in several countries
have constitutional question authority. A recommendation of constitutional question
arrangement within the Indonesian constitutional system accompanied this research

Item Type: Artikel Umum
Keyword: Constitutional court; Constitutional democracy; Constitutional question; Covid-19 pandemic; Judicial review
Subjects: K Law > K Law (General)
Divisi / Prodi: Faculty of Law (Fakultas Hukum) > S1-Law Science (S1-Hukum)
Depositing User: Ms Anom Wahyu
Date Deposited: 13 Nov 2023 06:52
Last Modified: 13 Nov 2023 06:52
URI: http://eprints.uad.ac.id/id/eprint/52085

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