Tanfizi : Journal of Islamic Constitutional and Political Law
Vol. 1 No. 1 (2025): June 2025

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 (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)
Nadya Fransiska (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)
Nanda Ariadi (Universitas Andalas)
Taufiq Hidayat (Al-Azhar University)
Rais Jamhary (Ibn Tofail University)



Article Info

Publish Date
20 Jun 2025

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.

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Journal Info

Abbrev

tanfizi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Islamic Constitutional & Political Law focuses on field research and literature reviews in the areas of constitutional law and Islamic politics. The journal provides a platform for scholarly analysis of the dynamic interplay between Islamic principles and political-legal structures in ...