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Original Research

THE ESSENCE OF CONSTITUTIONAL COURT DECISIONS WHICH ARE FINAL AND BINDING IN STATE ADMINISTRATION

RUSNAN 1, GALANG ASMARA 2, KAHARUDIN 3, and CHRISDIANTO EKO PURNOMO 4.

Vol 19, No 07 ( 2024 )   |  DOI: 10.5281/zenodo.13167458   |   Author Affiliation: Doctoral Study Program, Faculty of Law, Mataram University, Indonesia 1,2,3,4.   |   Licensing: CC 4.0   |   Pg no: 668-681   |   Published on: 31-07-2024

Abstract

The aim of this research is to discover the essence of the Constitutional Court's decisionWhich is Final and Binding in State Administration. This research is normative legal research, using a statutory approach, conceptual approach, philosophical approach, and case approach. The research results show thatThe essence of the Constitutional Court's decision which has final and binding status in its implementation is a). final means, that there is no further legal remedy for the parties to request changes to the Constitutional Court Decision or it has been closed to all possibility of taking legal action afterwards or as the first and final decision for which there is no legal space to review it again; b). binding means: 1). That the Constitutional Court's decision has obtained legal force, and 2). Because it has obtained legal force, the parties must obey or comply with the Constitutional Court's decision and must not violate it.


Keywords

Essence; Constitutional Court Decision; State Administration.