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Maya Wulandari
Universitas Diponegoro

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The Political-Legal Implications of the Constitutional Court's Ruling on the Omnibus Law Maya Wulandari
Indonesian Court and Justice Review Vol. 1 No. 3 (2024): August, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/1z0phr98

Abstract

The Constitutional Court's ruling on Indonesia’s controversial Omnibus Law on Job Creation has sparked significant political and legal debate. This study analyzes the broader implications of the Court's decision, particularly its finding of "conditionally unconstitutional" status, and its impact on the balance of powers, democratic accountability, and legal certainty. By employing a doctrinal and socio-legal approach, the research assesses the ruling's legal reasoning, political context, and institutional consequences. The findings suggest that while the Court sought to uphold procedural constitutionalism, its ambiguous formulation may have inadvertently weakened the force of judicial review and allowed for executive dominance. The study also examines how various stakeholders—including civil society, labor unions, and political elites—responded to the decision. The novelty of this research lies in its focus on the intersection of judicial decisions and legislative-executive dynamics. It contributes to broader discussions on constitutional resilience, governance, and the evolving role of the judiciary in democratic consolidation.
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