JURNAL LITIGASI (e-Journal)
Vol. 26 No. 2 (2025)

Safeguarding Constitutional Democracy: The Role Of The Indonesian Constitutional Court Through Formal Review

Firdaus, Fahmi Ramadhan (Unknown)
Anggono, Bayu Dwi (Unknown)



Article Info

Publish Date
29 Jan 2026

Abstract

A good law is not only seen from the material aspect, but also a complementary side to the formal element as well as a factor in whether the law can be said to be good, especially in standings of the process of its making. The law-making progression is democratic; this process cannot be separated from public participation as the highest sovereign holder. However, there is a problem that public aspirations have not been meaningfully accommodated in the law-making progression as a form of substantive democracy. Hence, a formal checks-and-balances review in the Constitutional Court attempts to maintain democracy. Through a normative juridical approach, this study aims to explain the symptoms of a democratic crisis in Indonesia's law-making process and how the Constitutional Court's role protects democracy through a formal review of laws. The results of the research showed that legislators have not implemented democracy optimally, as evidenced by the neglect of the public's role in several processes of law-making processes and by the being of Constitutional Court Decision No. 91/PUU-XVIII/2020, which encourages the strengthening of democracy by prioritizing evocative civic involvement in the law-making progression.

Copyrights © 2025






Journal Info

Abbrev

litigasi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher ...