Legal Standing Jurnal
The Constitutional Court was seized of a constitutional complaint of the Oil and Gas Act No. 22 of 2001 and the Constitutional Court Act No. 24 of 2003 against the Constitution of the Republic of Indonesia in 1945. Three issues addressed in this study concern (1) the applicant`s legal position in the judicial review of Act No. 22 of 2001. on Oil and Gas and Law No. 8 of 2011 amending Law No. 24 Year 2003 on the Constitutional Court; (2) In view of the Constitutional Court`s granting of standing in the judicial review of Law No. 22 of 2001 on Oil and Gas and Act No. 8 of 2011 amending Law No. 24 of 2003 on the Constitutional Court; and (3) the proposal to grant standing to the applicant in the event of judicial review by the Constitutional Court.
To address these issues, this research uses materials in the form of the Constitutional Court Act`s decision, legislation and doctrine. The nature of this research is the legal-normative nature. The applicant`s theory of assessment may or may not have standing, one of which is the theory of standing. Theory of the legal point of interest point of action, which is without the benefit of a non-action. The applicant in cases No. 36/PUU-X/2012 and No. 7/PUU-XI/2013 does not have legal capacity. The Court is unable to conclude that the applicant does not have locus standi in Cases Nos. 36/PUU-X/2012 and 7/PUU-XI/2013. Because the applicant has no basis (interest) to apply for judicial review. In addition, some constitutional judges confirm the view that the applicant does not have standing. Rhona K.M.
Smith, et al, 2008, Human Rights, Yogyakarta: PUSHAM UII. Soerjono Soekanto und Sri Mamudji, 2004, Normative Legal Research, Jakarta: Rajawali Pers. Achmad Roestandi, 2006, Cour constitutionnelle dans Q&A, Jakarta: Generalsekretariat und Kanzler des Verfassungsgerichts der Republik Indonesien. Jimly Asshiddiqie, 2006, Procedural Law of Law Testing, Jakarta: Generalsekretariat und Kanzler des Verfassungsgerichts der Republik Indonesien. Moh. Mahfud MD, 2011, The Politics of Law in Indonesia, édition révisée, Jakarta: Rajawali Press. ___, 2006, Constitutional Testing Models in Various Countries, Jakarta: Konpress.