The Reconstrution of Contempt of Court in the Enforcement of the Constitutional Court of the Republic of Indonesia Based on Pancasila

Abstract

This article aims to discuss and analyze the issues of why judicial review decisions of the Constitutional Court are less implemented or adhered in both Indonesia and Kosovo and even other countries which lead to the issue of ​​contempt of court conviction against those who did not implement the judicial review decision of the Constitutional Court. The methodology used is to use the doctrinal juridical approach. In some countries, there is an indication that a judicial review decision often do not implemented, it was found that in Indonesia and other countries such as Kosovo the reason is such Constitutional Court did not have the binding force and the procedures on how the constitutional court decision was entered into force or adhered. The concept of contempt of court disobeying a court order can be used as an alternative and forced power to ensure the implementation of a judicial review decision of the Constitutional Court. The contempt of court provisions disobeying a court order must reflect the value of a society's ideology to guarantee human rights based on the applicable law. For optimal implementation, it is necessary to restructure the position of the police and prosecutors which responsible to the Legislative and Executive.