Lex Scientia Law Review
Vol 6 No 2 (2022): Mainstreaming Justice in a Various Global Context

Judicial Review in Indonesia: A Simplification Model




Article Info

Publish Date
20 Dec 2022

Abstract

Judicial review ensures that no regulations are contrary to higher laws, and none is unfair to people. The review of Indonesia's laws and regulations is conducted based on a hierarchy of laws and regulations. However, many laws and regulations are not within the hierarchy that raises uncertainty about the institutions that are authorized to review them. This research aims to offer an alternative review authority against all types of laws and regulations applicable in Indonesia. This research employed normative legal research with statutory, conceptual, case, and historical approaches. This study stated that the alternative design of regulatory, judicial review is the unification of all judicial reviews' authority into one judicial institution. Second, separation into judicial institutions is different from the model of separation based on the order of hierarchy of legislation, based on the scope of usable power (local and national), based on legislation and non-legislation, based on the forming and separation institutions with cross-subsidy models.

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Journal Info

Abbrev

lslr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Scientia Law Review (LeSRev) is a peer reviewed journal organized by Undergraduate Law Student, Faculty of Law, Universitas Negeri Semarang (UNNES), Indonesia. The Journal published biannual every May and November. LeSRev is intended to be a scientific and research journal for all undergraduate ...