Speedy Trial in Testing the Constitutionality of Government Regulations in Lieu of Laws

Abstrak

Government Regulations in Lieu of Laws (Perpu) have the same status as laws but are temporary and require approval from the House of Representatives (DPR) in the subsequent session. The Constitutional Court (MK) currently reviews Perpu using the same procedural law as standard laws. The urgency of this research stems from the risk of “loss of object,” which occurs when a Perpu is enacted into law before the MK reaches a verdict, causing legal uncertainty. This study analyses the need for a speedy trial mechanism for Perpu review. It employs a normative juridical method, examining positive legal norms, principles, and doctrines. The findings indicate that existing procedures, lacking specific time limits, are inadequate for the time-sensitive nature of Perpu. The study concludes that the MK must establish a distinct procedural law incorporating a speedy-trial model with strict time limits (e.g., 14 days) to ensure the review is completed before the DPR session and to protect citizens’ constitutional rights.