Hakamain: Journal of Sharia and Law Studies
Vol. 3 No. 2 (2024): HAKAMAIN: Journal of Sharia and Law Studies

The Supreme Court as the Guardian of Legality: The Coherence of Judicial Review of Electoral and Presidential Regulations

Irmanjaya Thaher (Universitas Esa Unggul)
Annisa Fitria (Universitas Esa Unggul)
M. Abyan Mufid (University of Leeds)



Article Info

Publish Date
21 Aug 2024

Abstract

This article examines the authority of the Supreme Court (MA) of the Republic of Indonesia in exercising the right to judicial review of regulations under the law. The study covers the constitutional and normative foundations of this authority, the demarcation of authority between the Supreme Court and the Constitutional Court (MK) within a multi-tiered system of judicial review, the procedural law governing judicial review as stipulated in PERMA No. 1 of 2011, as well as two landmark cases: first, Supreme Court Decision No. 23 P/HUM/2024, which declared that Article 4(1)(d) of PKPU No. 9 of 2020 was inconsistent with Article 7(2)(e) of Law No. 10 of 2016 on Regional Head Elections in the context of age requirements for regional head candidacy; second, a petition for judicial review filed by a citizen challenging several articles in Presidential Regulation No. 82 of 2024 on the Presidential Communications Office (KKP). This article analyzes the constitutional, jurisprudential, and practical implications of these two cases and evaluates the effectiveness of the Supreme Court as the guardian of legality within Indonesia’s legal system.

Copyrights © 2024






Journal Info

Abbrev

hakamain

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Hakamain: Journal of Sharia and Law Studies is a scientific journal that examines legal and Islamic issues. The focuss Hakamain: Journal of Sharia and Law Studies is to provide readers with a better understanding of Islamic Law, Civil Law and Islamic Economic Law and current developments through ...