PENGUJIAN PERUNDANG-UNDANGAN HUKUM PIDANA OLEH MAHKAMAH KONSTITUSI DALAM KAITAN DENGAN PERLINDUNGAN HAK ASASI MANUSIA

Abstract

Criminal law should synchronize with spirit and soul of the constitutionto respect human rights and democracy. But history proof that criminallaw is more often to be use for violate human rights and silentdemocracy. That cause is one of the reason for constitutional court toestablish to guard law specially criminal law in order to match with theconstitution. Base on the authority gave by the constitution so farconstitutional court had done the role maximally in examination thesynchronization criminal law act with the constitution, but that authorityis limited and passive. In implementation phase, it has not been anypositive changed in spirit and soul of the law enforcement to be matchedwith spirit for respecting human rights and democracy to establish thecriminal law.