Journal of Progressive Law and Legal Studies
Том 3 № 02 (2025): Journal of Progressive Law and Legal Studies

The Ius Constituendum of an Equitable Dispute Resolution Mechanism for Constitutional Complaints

Kristian, Kristian (Unknown)
Mujhad, M. Hadin (Unknown)
Murhaini, Suriansyah (Unknown)
Buana, Mirza Satria (Unknown)



Article Info

Publish Date
08 Jun 2025

Abstract

The settlement of constitutional complaint disputes represents a legal mechanism that may be undertaken by a branch of judicial power, such as the Constitutional Court (Mahkamah Konstitusi). This mechanism is intended to ensure the upholding of the law and the protection of citizens' constitutional rights. This mechanism has long been implemented in several countries—such as South Korea, Germany, and Thailand. However, in Indonesia, no legal framework currently governs constitutional complaints. The absence of such regulation has resulted in the lack of a legal mechanism for resolving cases involving violations of constitutional rights. This article examines two key aspects: first, the theory and practice of constitutional complaint dispute resolution, and second, the ius constituendum regarding constitutional complaint resolution in Indonesia. The study highlights the necessity of comprehensive regulation to ensure legal certainty and justice within the Indonesian legal system. The research adopts a normative juridical method, using statutory, case-based, conceptual, and comparative approaches.

Copyrights © 2025






Journal Info

Abbrev

jplls

Publisher

Subject

Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Journal of Progressive Law and Legal Studies (JPLLS) is an online bi-annual journal with a summer and winter edition. The Journal emphasises creating an open-access platform to research around socio-legal topics and promoting interdisciplinary research entailing the detailed study of law with other ...