FORMAL REVIEW OF GOVERNMENT REGULATION IN LIEU OF LAW (PERPU) AT THE CONSTITUTIONAL COURT

Abstract

The journey of Indonesian constitutional life has metamorphosed into the realm of constitutional democracy after the amendment of the 1945 Constitution. One of the results of these changes is the creation of a new institution called the Constitutional Court (MK) which is tasked with upholding the constitution. To support this intention, the Constitutional Court is equipped with several authorities, one of which is to review laws against the Constitution. However, this authority was later expanded by the Constitutional Court itself by making Perpu also the object of testing against the Constitution. The implication is that Perpu can be tested materially and formally like a law. This study aims to examine the concept of formal testing of Perpu in the Constitutional Court and the problematic relationship between the DPR and the Constitutional Court in assessing the constitutionality of a Perpu. To obtain these objectives, this research uses normative juridical research. It can be concluded that there are several options that can be used by the Constitutional Court to assess the formal aspects of Perpu formation, and there are fundamental constitutional issues in looking at the relationship between the DPR and the Constitutional Court regarding Perpu.