URGENSI JUDICIAL PREVIEW DALAM KETATANEGARAAN INDONESIA PERSPEKTF SIYASAH DUSTURIYYAH

Seeing the many laws and even hundreds of articles that have been canceled by the Constitutional Court, it becomes a very heart-wrenching sight considering the budget used to make a law is not a small budget, it is felt necessary to present a concept of testing or reviewing the law before invited. Testing of the law can be done by means of a judicial review and a judicial preview. The judicial review is carried out after the law is passed and promulgated, while the judicial preview is carried out after it has been ratified but has not yet been promulgated. The Constitutional Court as the guardian of the constitution has the obligation to maintain and supervise the passage of the constitution in Indonesia, starting from the creation to the implementation of the constitution in order to maintain sovereignty and prevent the occurrence of legal products that violate the constitutional rights of citizens. This research is library research, namely research that uses literature that is in accordance with the problems studied as a source of data, so that in collecting the required data using library sources that are related to the main problem of research, namely the concept of judicial preview which is reviewed. from the point of view of Siyāsah Dusturiyyah So that in collecting the required data using sources related to books (libraries) that are related to the main problem of research, namely about Siyāsah Dusturiyyah and judicial preview. Based on the results of the discussion and analysis that have been described previously. It can be concluded that the Judicial preview is a new breakthrough that should be implemented in the Indonesian constitutional system through the judiciary, considering that the judicial preview is a form of external supervision that should be carried out by institutions outside the legislature, so in this case the Constitutional Court as the guardian of the constitution becomes an institution. the most appropriate to accept and carry out the authority of this Judicial preview. Siyāsah Dusturiyyah strongly supports the application of the Judicial preview system based on the al-mazalimi area concept that a judge must carry out supervision so that there is no overlapping of regulations horizontally and vertically. The characteristics of the rule of law state become the foundation (tyranny) of the people, because laws and regulations can be an absolute argument for policy. So that the existence of this concept, the space for justice and the harmonization of laws can be created with direct supervision by the judges of the court