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All Journal Hakamain: Journal of Sharia and Law Studies Tanfizi : Journal of Islamic Constitutional and Political Law
Nadya Fransiska
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi
Law, Crime, Criminology & Criminal Justice

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The Constitutional Court's Authority to Review Government Regulations in Lieu of Law (Perppu) from the Perspective of Separation of Powers Muhammad Febri Eka Saputra; Nadya Fransiska; Nanda Ariadi; Taufiq Hidayat; Rais Jamhary
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 1 No. 1 (2025): June 2025
Publisher : Program Studi Hukum Tata Negara

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Abstract

The Constitutional Court (Mahkamah Konstitusi/MK), as the guardian of the Constitution, plays a crucial role in reviewing the constitutionality of legal norms, including Government Regulations in Lieu of Law (Perppu). Although Article 24C paragraph (1) of the 1945 Constitution normatively mentions only “laws” (undang-undang), jurisprudential practice has categorized Perppu as part of statutory law, thus allowing its constitutionality to be reviewed. This study aims to examine the Constitutional Court's authority to review Perppu from the perspective of the theory of separation of powers, while also critically assessing its implications for the stability of Indonesia’s constitutional system. The research method employed is a normative juridical approach with qualitative analysis based on literature review, supported by secondary data including Constitutional Court decisions, statutory regulations, and academic literature. The findings indicate that the Court's authority to review Perppu opens up space for checks and balances on executive power. However, it also carries the potential for disharmony among branches of state power and biased interpretations of the condition of “compelling urgency.”The study concludes that while the Constitutional Court legally holds the legitimacy to review Perppu, clearer juridical boundaries are needed to prevent disproportionate expansion of its authority. This research contributes to the discourse on constitutional law reform in Indonesia by upholding constitutional supremacy and maintaining the balance of powers.
Reconstruction of Constitutional Court Decision on Presidential and Vice Presidential Age Limit from Siyasah Qadhaiyyah Perspective Muhammad Febri Eka Saputra; Miswardi Miswardi; Nurkhairat Ihsan; Nadya Fransiska; Rahmi Surya Safitri
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1305

Abstract

The Constitutional Court Decision No. 90/PUU-XXI/2023, which allows individuals under the age of 40 to run for vice president if they have held a regional leadership position, has generated widespread public controversy. This study critically evaluates the ruling through the lens of siyasah qadhaiyyah, an Islamic legal-political framework that prioritizes justice ('adl), transparency (shafafiyyah), and public welfare (maslahah). Utilizing a qualitative research design with a case study approach, data were gathered through semi-structured interviews with constitutional law experts, Islamic jurists, and civil society representatives, supported by document analysis and media reviews. The findings indicate that the ruling is perceived by most respondents as politically biased, lacking alignment with the principles of substantive justice, and potentially discriminatory against non-political actors. Concerns also emerged regarding its implications for increased political polarization and diminished public confidence in judicial impartiality.This research contributes to the global discourse on constitutional jurisprudence and Islamic legal theory by integrating siyasah qadhaiyyah as a normative evaluative tool for judicial decisions in Muslim-majority democracies. It highlights the importance of embedding ethical and inclusive principles in legal reform to safeguard democratic integrity. The study concludes by recommending a realignment of Indonesia’s constitutional policies with the values of siyasah qadhaiyyah to ensure fair political participation and strengthen judicial legitimacy within broader democratic governance frameworks.
Co-Authors Miswardi Miswardi Muhammad Febri Eka Saputra Nanda Ariadi Nurkhairat Ihsan Rahmi Surya Safitri Rais Jamhary Taufiq Hidayat