Indonesia Conference Directory

This study discusses the development of constitutional testing decisions that are different from those of Hans Kelsen (1920) and shows that at this time the Constitutional Court not only canceled the provisions of the law, but also added words and expressions in a provision. By using case studies of Constitutional Court Decisions in Germany, South Korea and Indonesia through a comparative legal approach. This study argues that variations in decisions are made as alternatives in the event that there is no need to cancel a law, and each type of decision is used to avoid a constitutional crisis. For example, by allowing judges to leave legal norms that are considered unconstitutional for a while to avoid a legal vacuum or allow the judge to announce that, even though the norm may be constitutional at the time of testing, the norm can be considered unconstitutional after the verdict.