ELQONUN: Jurnal Hukum Ketatanegaraan
Vol 4 No 1 (2026): ELQONUN: Jurnal Hukum Ketatanegaraan

Strengthening The Checks and Balances System in The Constitutional Structure After The Amendments to The 1945 Constitution

Akbar Rizqo (Universitas Islam Negeri Raden Fatah Palembang)
Fenita Lara Bheta (Universitas Islam Negeri Raden Fatah Palembang)
M. Roslan Mohd Nor (University of Malaya, Malaysia)
Afrizal Adi Saputra (Universitas Terbuka Palembang)



Article Info

Publish Date
14 Jun 2026

Abstract

This study analyzes the strengthening of the checks and balances system within Indonesia’s constitutional structure after the amendments to the 1945 Constitution. The research focuses on the imbalance of authority among state institutions, particularly the expansion of executive influence over the legislative process and the limited effectiveness of institutional oversight mechanisms. These conditions indicate a legal gap in the practical implementation of checks and balances despite formal constitutional arrangements. This study employs normative legal research with statutory and conceptual approaches, using primary, secondary, and tertiary legal materials obtained through literature review. The findings show that although constitutional amendments have clarified the distribution of powers among the legislative, executive, and judicial branches, challenges persist in the form of overlapping authorities, weak supervisory functions, and political intervention in institutional relations. The role of the Constitutional Court has been significant in maintaining constitutional supremacy; however, its authority has not fully addressed systemic imbalances. This study offers a conceptual contribution by emphasizing the need to strengthen institutional oversight, refine the separation of powers, and develop a constitutional culture to ensure a more effective checks and balances system in Indonesia.

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Journal Info

Abbrev

elqonun

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

ELQONUN: Journal of Constitutional Law is published twice a year (June and December) by the Faculty of Sharia and Law, Raden Fatah State Islamic University Palembang [E-ISSN 3025-2199/P-ISSN 3025-2202] since 2023. Elqonun consistently focuses on Constitutional Law and Islamic Constitutionalism as ...