The Development of Judicial Review of Legislation by the Indonesian Constitutional Court

Abstract

This article examines the development of judicial review of legislation by the Constitutional Court of Indonesia. Since its establishment on 13 August 2003, the Constitutional Court has encountered a certain amount of turmoil. Notably, it was highly criticized by the certain public, where some public criticisms can be found in controversy of the Constitutional Court decisions on judicial review cases. Does this article aim to assess to what extent the developments of judicial review mechanisms contribute to guarding the Indonesian Constitution? The study is conducted through an analysis of the problems and challenges faced by the Constitutional Court, such as the problem of the dualism of judicial review systems in Indonesia. It then gives a solution by adopting the idea of the one-roof system of Judicial Review by the Constitutional Court. Nevertheless, this has not prevented the Constitutional Court from further developing its jurisprudence, and, indeed, as in recent years, the Constitutional Court delivered numerous decisions. Concerning the proceedings before the Constitutional Court, some of them the expanded power of judicial review of legislation, such as in the cases of the Judicial Review of the Government Regulation in Lieu of Law (Perpu) and deciding the Local Election disputes.