This book examines the paradigm of substantive justice in the formulation of new norms by the Constitutional Court through judicial review decisions (PUU) from 2007 to 2017. Its primary focus is analyzing the shift in the role of the Constitutional Court from a negative legislator to a positive legislator within the context of constitutional interpretation and the creation of new norms.
Using philosophical and hermeneutical approaches—particularly the grammatical-psychological hermeneutics of Friedrich Daniel Ernst Schleiermacher and John Rawls’s theory of justice—the book explores the juridical and philosophical foundations of the Constitutional Court’s authority to formulate new norms.
Additionally, the book discusses the dynamics of constitutional review, the classification of conditionally constitutional and conditionally unconstitutional decisions, as well as the factors influencing judges’ personal convictions in realizing substantive justice.
This book is intended for academics, legal practitioners, advocates, and constitutional law observers seeking a deeper understanding of the development of constitutional adjudication in Indonesia.