DINAMIKA PUTUSAN MAHKAMAH KONSTITUSI DALAM PENGUJIAN KONSTITUSIONALITAS PIDANA MATERIL (STUDI TERHADAP BEBERAPA PUTUSAN MAHKAMAH KONSTITUSI YANG BERNUANSA POSITIF LEGISLATOR)

The Constitutional Court as a negative legislator in the judicial review process is very dynamic, seen from various Constitutional Court Decisions, tends to change, many decisions have a positive nuance of the legislator. Legislative positivity is defined as forming a law, in Indonesia, the authority is in the DPR RI. This study discusses the decision of the Constitutional Court which has a positive nuance of the legislator, comparing the verdict of material criminal constitutionality with other decisions. This study uses normative juridical methods, legislation, conceptual, and historical approaches. The material collection technique is done by library research. Research analysis using quantitative descriptive techniques. The research produces the following analysis, First, from the four Constitutional Court Decisions are positive legislators, Decision Number 35 / PUU-X / 2012, Number 34 / PUU-X / 2012, Number 3 / PUU-XII / 2014, Number 21 / PUU- XIV / 2016, and compared with Decision Number 46 / PUU-XIV / 2016, different nuances, requests for extension of the meaning of the five decisions are seen in the verdict. Second, the four decisions, the Court weighed based on substantive justice rather than procedural justice. This results in a conclusion: first, the Court is not consistent as a negative legislator, second, there are differences in judges' considerations when deciding the constitutionality of the law. The author's suggestion in this matter is that the Court needs to be consistent in judicial review, and in consideration of the mandatory petition for the Court to view the corridors of substantive justice. This was done in order to realize constitutional justice