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All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains
Tomson Situmeang
Faculty of Law, Kristen University of Indonesia, Jakarta, Indonesia
Health Professions Law, Crime, Criminology & Criminal Justice

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Problems of Limiting State Power From A Constitutional Perspective In Indonesia Muhammad Farhan Nefaldy; Tomson Situmeang
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 3 (2026): December in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i3.388

Abstract

This study aims to analyze constitutional challenges in limiting state power in Indonesia, particularly executive dominance, institutional oversight, and the effectiveness of constitutional control mechanisms, as well as to examine the obstacles and possible solutions. The novelty of this study lies in its integrated analysis of executive dominance, Constitutional Court controversies, and constitutionalism within a single analytical framework. This research employs a normative legal method with statutory and conceptual approaches, analyzed qualitatively. The results show that the limitation of state power has not been optimally implemented, as indicated by the dominance of executive power (executive heavy), weak effectiveness of oversight, and unclear boundaries of authority among state institutions. Based on Montesquieu’s theory of separation of powers, this condition reflects that the mechanism of checks and balances has not functioned ideally within Indonesia’s constitutional system. Furthermore, the obstacles in limiting state power include weak integrity and independence of state institutions, vague legal norms, low constitutional awareness, and ineffective oversight mechanisms. Based on Jimly Asshiddiqie’s theory of constitutionalism, this condition indicates that the function of the constitution as a limitation of power has not been optimally implemented. Therefore, it is necessary to strengthen institutions, harmonize legal norms, enhance constitutional awareness, and develop preventive oversight mechanisms to realize an effective limitation of state power in accordance with the principles of the rule of law.
Inconsistency in Constitutional Interpretation in The Judicial Review of The Anti-Corruption Law in Indonesia Oktoriusman Halawa; Tomson Situmeang
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 3 (2026): December in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i3.389

Abstract

This study aims to analyze the dynamics of constitutional interpretation in the judicial review of Article 2 paragraph (1) and Article 3 of the Anti-Corruption Law, as well as to examine the obstacles and solutions in limiting state power in Indonesia. This research employs a normative legal method using statutory, case, and conceptual approaches. Legal materials are collected through library research and analyzed qualitatively using legal interpretation methods. The results show that the dynamics of constitutional interpretation in Case Number 142/PUU-XXII/2024 reflect a tension between a formalistic approach emphasizing legal certainty and a substantive approach oriented toward the effectiveness of anti-corruption efforts. The petition primarily concerns the application of norms rather than their constitutionality. Furthermore, the limitation of state power in Indonesia faces several challenges, including unclear institutional authority, inconsistent constitutional interpretation, political influence in law-making, and weak legal culture and integrity. From the perspectives of Gustav Radbruch and Carl J. Friedrich, a balance between legal certainty, justice, and utility, as well as the strengthening of constitutional mechanisms, is essential to ensure effective limitation of state power within a rule of law framework.
Co-Authors Muhammad Farhan Nefaldy Oktoriusman Halawa