Kedudukan Warga Negara Asing (WNA) sebagai pemohon dalam perkara pengujian UU terhadap UUD di Mahkamah Konstitusi

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Bagus, Moh. (2020) Kedudukan Warga Negara Asing (WNA) sebagai pemohon dalam perkara pengujian UU terhadap UUD di Mahkamah Konstitusi. Masters thesis, UIN Sunan Ampel Surabaya.

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Abstract

The thesis with the title "Position of Foreign Citizens (WNA) as Petitioners in the Case of Reviewing the Law against the Constitution in the Constitutional Court" aims to answer two problem formulations. First, there is a constitutional basis for granting legal standing to foreign citizens in a request for a judicial review to the Constitutional Court. Second, what is the limitation for granting legal standing to foreign nationals in terms of reviewing laws against the Constitution in the Constitutional Court. The research method used by the author is normative legal research, with a conceptual approach and a statute approach. Through a conceptual approach the author elaborates the concept of a rule of law as a doctrine of understanding law enforcers and protection of law in Indonesia. While the statutory approach is through the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights and Law no. 24 of 2003 as amended by Law no. 8 of 2011 concerning the Constitutional Court. The results of the study state that the protection of constitutional rights is limited to Indonesian citizens. This is due to the existence of Article 51 paragraph 1 letter a of the Law on the Constitutional Court. So that the existence of this article has closed the entry point for foreign citizens to apply for a judicial review of a law. So that the urgency of this research is: (1) protecting the constitutional rights of all citizens, whose constitutional rights are regulated in the constitution because the constitution contains the constitutional rights of everyone without differentiating nationality. We can see this in every article in the constitution which uses the phrase "everyone". The phrase "everyone" is meant for all human beings and not just "citizens". (2) in terms of granting legal standing to the foreigner, there must be clear restrictions as a form of maintaining justice and legal certainty and state sovereignty.