BINDING FORCE OF CONSTITUTIONAL REVIEW DECISION OF CONSTITUTIONAL COURT TOWARD SUPREME COURT
The Supreme Court decision which sentenced dr. Bambang suprapto.Sp.M.Surg. using article 76 of Law No 29 Year 2004 on the Practice of Medicine which had been annulled by the Constitutional Court has proved that the Supreme Court has put aside constitutional court's decision on constitutional re...
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| Language: | English |
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Jenderal Soedirman University
2017-02-01
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| Series: | Journal of Dinamika Hukum |
| Online Access: | http://dinamikahukum.fh.unsoed.ac.id/index.php/JDH/article/view/449 |
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doaj-6e3de81ab96c4f7f932fb26aa4ae96772020-11-25T02:05:26ZengJenderal Soedirman UniversityJournal of Dinamika Hukum1410-07972407-65622017-02-0116310.20884/1.jdh.2016.16.3.449405BINDING FORCE OF CONSTITUTIONAL REVIEW DECISION OF CONSTITUTIONAL COURT TOWARD SUPREME COURTRian Van Frits Kapitan0Faculty of Law Universitas Nusa Cendana KupangThe Supreme Court decision which sentenced dr. Bambang suprapto.Sp.M.Surg. using article 76 of Law No 29 Year 2004 on the Practice of Medicine which had been annulled by the Constitutional Court has proved that the Supreme Court has put aside constitutional court's decision on constitutional review. This paper attempts to justify that at any reason, Constitutional Review decision of Constitutional Court still has binding force on the Supreme Court. It is based on four perspectives: 1. Historical perspective 2. Protected object perspective 3. Functional perspective, and 4. Normative perspective. Keywords: Binding Force, Constitutional Review, Constitutional Court, Supreme Court.http://dinamikahukum.fh.unsoed.ac.id/index.php/JDH/article/view/449 |
| collection |
DOAJ |
| language |
English |
| format |
Article |
| sources |
DOAJ |
| author |
Rian Van Frits Kapitan |
| spellingShingle |
Rian Van Frits Kapitan BINDING FORCE OF CONSTITUTIONAL REVIEW DECISION OF CONSTITUTIONAL COURT TOWARD SUPREME COURT Journal of Dinamika Hukum |
| author_facet |
Rian Van Frits Kapitan |
| author_sort |
Rian Van Frits Kapitan |
| title |
BINDING FORCE OF CONSTITUTIONAL REVIEW DECISION OF CONSTITUTIONAL COURT TOWARD SUPREME COURT |
| title_short |
BINDING FORCE OF CONSTITUTIONAL REVIEW DECISION OF CONSTITUTIONAL COURT TOWARD SUPREME COURT |
| title_full |
BINDING FORCE OF CONSTITUTIONAL REVIEW DECISION OF CONSTITUTIONAL COURT TOWARD SUPREME COURT |
| title_fullStr |
BINDING FORCE OF CONSTITUTIONAL REVIEW DECISION OF CONSTITUTIONAL COURT TOWARD SUPREME COURT |
| title_full_unstemmed |
BINDING FORCE OF CONSTITUTIONAL REVIEW DECISION OF CONSTITUTIONAL COURT TOWARD SUPREME COURT |
| title_sort |
binding force of constitutional review decision of constitutional court toward supreme court |
| publisher |
Jenderal Soedirman University |
| series |
Journal of Dinamika Hukum |
| issn |
1410-0797 2407-6562 |
| publishDate |
2017-02-01 |
| description |
The Supreme Court decision which sentenced dr. Bambang suprapto.Sp.M.Surg. using article 76 of Law No 29 Year 2004 on the Practice of Medicine which had been annulled by the Constitutional Court has proved that the Supreme Court has put aside constitutional court's decision on constitutional review. This paper attempts to justify that at any reason, Constitutional Review decision of Constitutional Court still has binding force on the Supreme Court. It is based on four perspectives: 1. Historical perspective 2. Protected object perspective 3. Functional perspective, and 4. Normative perspective.
Keywords: Binding Force, Constitutional Review, Constitutional Court, Supreme Court. |
| url |
http://dinamikahukum.fh.unsoed.ac.id/index.php/JDH/article/view/449 |
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AT rianvanfritskapitan bindingforceofconstitutionalreviewdecisionofconstitutionalcourttowardsupremecourt |
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