Proceeding of the International Conference on Law and Human Rights
Vol. 2 No. 1 (2025): June : Proceeding of the International Conference on Law and Human Rights

Reform of the Judicial Review System: Evaluation of the Constitutional Court's Authority in Maintaining Constitutional Supremacy

Harlina Hamid (Unknown)
Nurasia Natsir (Unknown)



Article Info

Publish Date
30 Sep 2025

Abstract

This study evaluates the effectiveness of the Constitutional Court’s authority in reviewing laws and regulations as a means of upholding constitutional supremacy in Indonesia. Employing both normative and empirical legal research methods, it examines the Constitutional Court’s rulings from 2019 to 2024 and assesses their broader implications for the national constitutional system. The findings reveal several structural weaknesses in the review mechanism, particularly related to the enforcement of decisions and the existence of dualism between the Constitutional Court and the Supreme Court in conducting judicial reviews. These shortcomings have created inconsistencies and reduced the optimal impact of the Constitutional Court’s role. To address these issues, the research recommends comprehensive reforms, including the unification of judicial review authority, enhancement of the Constitutional Court’s executorial powers, and expansion of public access to constitutional review procedures. Such measures are expected to strengthen the Court’s role as the guardian of the constitution, improve legal certainty, and support the creation of a more coherent and harmonious legal system in Indonesia.

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Journal Info

Abbrev

ICLEHR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Proceeding of the International Conference on Law and Human Rights, Its a collection of scientific papers or articles that have been presented at the National Research Conference which is held regularly every year by the Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia.The topic of the paper ...