ANALISIS YURIDIS PENGUJIAN FORMIL UNDANG-UNDANG HASIL PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG DALAM PERSPEKTIF IUS CONSTITUENDUM

Formal testing of Laws resulting from the issuance of Perppu has developed in recent years. This development in several Constitutional Court Decisions from 2020 to 2024 is in the form of the meaning of the phrase "the following trial" and testing the constitutionality of the formation of Perppu in cases of formal testing of Laws resulting from the issuance of Perppu. The problem in this study is how to regulate the formal testing of Laws resulting from the issuance of Perppu currently and how to regulate the formal testing of Laws resulting from the issuance of Perppu from the perspective of ius constituendum. The purpose of this study is to determine the regulation of formal testing of Laws resulting from the issuance of Perppu and the regulation of formal testing of Laws resulting from the issuance of Perppu from the perspective of ius constituendum. This study uses a normative legal method with a conceptual approach, a statutory approach and a case approach. The legal materials used are primary and secondary legal materials which are then analyzed using descriptive analysis or qualitative. This study resulted in the regulation of formal testing of the Law resulting from the Perppu Determination related to "the following trial" has many interpretations, thus creating legal uncertainty and testing the constitutionality of the formation of the Perppu has been completed in the DPR since approving the Perppu. In the perspective of ius constituendum, formal testing of the Law resulting from the Perppu determination related to the meaning of "the following trial" must be carried out at the latest during the first DPR session after the President determines the Perppu by amending Article 52 paragraph (1) of Law 12/2011. Testing the constitutionality of the formation of the Perppu should be able to be carried out in cases of formal testing of the Law resulting from the determination of the Perppu. This study provides suggestions to the legislators to include the meaning of the phrase "the following trial" in the Law/DPR Rules of Procedure and the Constitutional Court to also test the Constitutionality of the formation of the Perppu in cases of formal testing of the Law resulting from the determination of the Perppu.