The urgency of the constitutional preview of law on the ratification of international treaty by the Constitutional Court in Indonesia

• Main Authors: Ni'matul Huda, Dodik Setiawan Nur Heriyanto, Allan Fatchan Gani Wardhana
• Format: Article
• Language: English
• Published: Elsevier 2021-09-01
• Series: Heliyon
• Subjects: Constitutional preview; International treaty; Constitutional court
• Online Access: http://www.sciencedirect.com/science/article/pii/S2405844021019897
• ISSN: 2405-8440

The debate regarding the possibility of the Law on the Ratification of International Treaty that can be reviewed always raises pros and cons. With normative research methodology, this research examines the urgency of a constitutional preview of the Law on the Ratification of International Treaty by the Constitutional Court in Indonesia. The importance of the law on the results of international treaty ratification to be tested is to ensure that its substance does not contradict the 1945 Constitution of the Republic of Indonesia. The involvement of the Constitutional Court in conducting a constitutional preview before the parliament will provides the Court's opinion regarding the constitutionality of international agreements can be taken into consideration for the parliament to provide approval or not against international treaties that will be ratified by law.