Journal of Contemporary Law Studies
Vol. 3 No. 3 (2026): Mei

Peranan Hukum Acara Mahkamah Konstitusi dalam Menjaga Konstitusionalisme di Indonesia

Alika Hania Auliya (Universitas Suryakancana)
Dedi Mulyadi (Universitas Suryakancana)
Fawazi Rihadatulaisy Mulyadi (Universitas Suryakancana)
Mustika Hidayat (Universitas Suryakancana)
Yasmin Khairunisa (Universitas Suryakancana)
Yudha Adhipratama (Universitas Suryakancana)



Article Info

Publish Date
31 May 2026

Abstract

This study aims to analyze the role of the Constitutional Court’s procedural law in upholding constitutionalism in Indonesia. The method used is normative legal research with a qualitative approach through a literature review, utilizing primary, secondary, and tertiary legal sources. The data was analyzed systematically to understand the authority, functions, and practices of the Constitutional Court within the constitutional system. The results of the study indicate that the Constitutional Court plays a strategic role as a guardian of the constitution through its authority to review laws against the 1945 Constitution, resolve disputes over the authority of state institutions, dissolve political parties, and address disputes regarding election results. The Constitutional Court’s procedural law serves as a crucial guideline to ensure that the review process and decision-making proceed effectively, transparently, and fairly. Additionally, the Constitutional Court plays a role in the impeachment mechanism as a balancing force between legal and political aspects. However, challenges exist in the form of unclear boundaries between legal and political considerations, as well as inconsistencies in the interpretation of legal standing and constitutional harm. This necessitates the strengthening of judicial standards and the consistency of rulings to maintain the institution’s legitimacy and reinforce the supremacy of the constitution and democracy.

Copyrights © 2026






Journal Info

Abbrev

lawstudies

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Contemporary Law Studies ISSN 3030-8097 is a comprehensive and systematic scholarly platform dedicated to advancing research and discourse in the field of contemporary law. This journal serves as a critical resource for legal scholars, practitioners, and policymakers, fostering a deeper ...