The Integration of Judicial Review in Indonesia

Abstract

The judicial review is the essence of constitutional justice. At this time, Indonesia has adopted a dualism system in judicial review, which creates problems. This study aims to analyze the current judicial review system and examine the integration of judicial review by the Constitutional Court as ius constituendum. In reviewing the legal problems in this research, the Constitutional Court used the juridical-normative method. Furthermore, this research also uses a regulatory approach and a comparative study in Austria and Germany. The results show that Articles 24A and 24C of the Indonesia Constitutionhave delegated the Supreme Court the right to judicial review of regulations under the law, while the Constitutional Court has judicial review against the Indonesia Constitution. This raises problems, from practice to the difficulty of guarding the hierarchy of norms from Regional Regulations to the Indonesia Constitution. Judicial review at the Supreme Court also still has problems, especially transparency and accountability, because they have a closed nature. If analyzed in Austria, the Constitutional Court has the authority to judicial review the constitutionality of laws and the legality of administrative regulations (policies). In Germany, the Federal Constitutional Court has the authority to judicial review the law against the constitution. Therefore, there is a need for an urgency to integrate the judicial review by the Constitutional Court through the Amendment to the Indonesia Constitutionand several revisions to the regulations.

Ensuring Administrative Legality and Justice Through Judicial Review In Indonesia

“…Over time, this has become an important process for reviewing the constitutionality of laws and regulations, ensuring compliance with the basic principles of rule of law, separation of powers, and protection of human rights (Abrori &;Makki, 2021). This mechanism, which has its roots in the early days of Indonesian independence, is now increasingly important and an important means of upholding the constitution and ensuring legal integrity (Shakti et al, 2023) The Indonesian Constitutional Court has an important role in the realm of legal review, namely as an independent arbitrator tasked with maintaining the constitution and maintaining loyalty to the rule of law as stated in the 1945 Constitution (Samsudin, 2022). Through its rulings, the Constitutional Court provides clarity on legal issues, resolves disputes regarding the interpretation of the constitution, and upholds the principles of justice and fairness in the legal system.…”

“…Within this framework, the authority of procedural judicial review becomes very important. It serves as a bulwark against potential abuses of power, by providing a mechanism by which individuals can seek redress for their grievances and hold government agencies accountable for their actions (Shakti et al, 2023) By ensuring that administrative decisions comply with procedural fairness and legal standards, procedural Judicial Review not only upholds the constitution but also protects the rights and interests of all stakeholders in the Indonesian legal system. In summary, the role of the Constitutional Court of the Republic of Indonesia in judicial review plays a very important role in maintaining administrative legality, fostering justice, and strengthening democracy in Indonesia.…”

“…Through its commitment to upholding the constitution and ensuring procedural fairness, the institution plays an important role in shaping the country's legal landscape and advancing its democratic aspirations. (Nurhayati et al, 2022;Shakti et al, 2023).…”