LEGITIMACY AND FORMULATION OF OPEN LEGAL POLICY CONSIDERATIONS IN JUDICIAL REVIEW CASE DECISIONS CONSTITUTIONAL COURT
Constitutional Court is one of the implementing institutions of judicial power in Indonesia mandated by Article 24 of the Indonesian Constitution 1945 to uphold law and justice. The exercise of judicial power is supported by the independent and independent institutional nature of the Constitutional Court. The independence of the Constitutional Court in an independent constitutional system was realized through the independence of the Constitutional Court from the influence of the executive, legislative, and other elements in the State. One of the Constitutional Court's authorities is to examine the Law against the Indonesian Constitution 1945. Through this authority, the Constitutional Court has the right to declare a law or part of law contrary to the Indonesian Constitution 1945 and has no binding force. However, the Constitutional Court has no authority to declare a law contrary to the Indonesian Constitution 1945 and has no binding force when the material of the law or part of the law falls under the category of Open legal policy of the Government. The main problem of the open legal policy regime in procedural law testing laws in the Constitutional Court is the lack of legitimacy in using open legal policy in deciding judicial review cases and the absence of regulation on the use of the open legal policy. Therefore, it is interesting to study or examine the basis of legitimacy and urgency as well as the formulation of the use of the open legal policy method in cases of testing the Law on the Indonesian Constitution 1945. Therefore, the legal issues studied in this study include (1) Basic Legitimacy of Using Open Legal Policy Methods; (2) The urgency of institutionalizing the use of open legal policy methods, and (3) The direction of formulation of the use of open legal policy methods. The type of research used is doctrinal or normative research using 4 (four) approaches, namely: (1) legislation, (2) conceptual, (3) history, and (4) comparison. The results of the study are: (1) The basis for the legitimacy of using the Open Legal Policy method includes: (a) does not exceed the authority of the framer of the law; (b) not abuse authority; (c) is not contrary to the Indonesian Constitution 1945; (d) the Constitution does not provide; (e) The Indonesian Constitution 1945 does not specify limitations. (2) The urgency of institutionalizing the use of open legal policy methods is to: (a) implement the provisions of the Constitution, which requires further elaboration by law; (b) implement the provisions of the Law Number 12 of 2011 concerning the Establishment of Laws and Regulations (P3); (c) implement the concept of the welfare state adopted by the Indonesian nation; (d) does not maintain the status quo of the law; (3) The direction of formulation of the use of open legal policy methods is: (a) must not conflict with the applicable legal system (positive legal rules, namely the Constitution; (b) is intended to be in the public interest only; (c) must be accountable to God Almighty, upholding the dignity, dignity of man, the value of truth, justice, unity and unity; (d) does not exceed the authority of the framer of the law; (c) not abuse authority (willekeur); (d) does not exceed the authority of the framer of the law; (e) The application of open legal policy is carried out if there is a policy/choice of law/authority.
Open Legal Policy, Judicial Review, Constitutional Court.