Question
The Constitutional Court (MK) is a state institution that has the authority to adjudicate at the first and final levels, the decision of which is
The Constitutional Court (MK) is a state institution that has the authority to
adjudicate at the first and final levels, the decision of which is final.
But in fact, the authority of the Constitutional Court with its decision which is final and binding, does not
always make the decision of the Constitutional Court can be implemented concretely (non-
executable) and only floating (floating execution).
Example of the Constitutional Court Decision Number 34/PUU-XI/2013 which annuls Article 268 paragraph (3) of the Criminal Procedure Code.
The decision was annulled by the Supreme Court through the Circular Letter of the Supreme Court (SEMA) Number 07
2014 concerning the Submission of Requests for Judicial Review in Criminal Cases.
Question:
Give your analysis, why the decision of the Constitutional Court which is final and binding is not always acceptable
implemented concretely and just floating?.
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