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All Journal International Journal of Constitutional and Administrative Law
Hartina
Universitas Islam Indonesia

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The Role of Judicial Review by the Constitutional Court as Guardian of the World of Life: An Approach by Jürgen Habermas Rahmat Mokodompit; Hartina
International Journal of Constitutional and Administrative Law Vol. 1 No. 2 (2025)
Publisher : Gorontalo Legal Research and Consulting

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66502/137wzf49

Abstract

The Constitutional Court plays a strategic role in Indonesia's constitutional system through its authority to conduct judicial review of laws. This authority is not only technical in nature, but also determines the quality of legal legitimacy and substantive democracy. This article aims to analyze the role of judicial review by the Constitutional Court as the guardian of the lifeworld using Jürgen Habermas' approach. This study uses a normative method with a legislative and conceptual approach. The results of the study show that in a legal formation dominated by instrumental rationality, the law has the potential to become detached from the values and social experiences of society, thereby colonizing the lifeworld. In this context, judicial review by the Constitutional Court functions as a corrective normative mechanism that reconnects law with communicative rationality and democratic legitimacy. This article argues that the Constitutional Court can act as the guardian of the lifeworld as long as judicial review is conducted openly and argumentatively.
Co-Authors Rahmat Mokodompit