Ius Comparatum: Journal of Law Studies
Vol 2 No 1 (2026): January-April (Constitutionalism and Emergency Powers: A Comparative Study of Leg

Comparative Judicial Review of Emergency Declarations in Canada and Indonesia

Marcha Jeanne Mawene (Universitas Pembangunan Nasional "Veteran" Jakarta)
Nabila Aulia Adek Putri (Unknown)



Article Info

Publish Date
28 Feb 2021

Abstract

Abstract: This normative legal research examines the structural challenges of judicial review over executive emergency powers by comparing Canada’s Emergencies Act of 1988 and Indonesia’s Government Regulations instead of Laws (Perppu) under Article 22 of the 1945 Constitution. The analysis reveals that Canadian federal courts apply a rigorous reasonableness standard based on strict intelligence thresholds, effectively maintaining constitutional boundaries and providing retroactive remedial relief. Conversely, the Constitutional Court’s judicialization of emergency powers in Indonesia suffers from systemic paralysis. This weakness stems from the strict application of the mootness doctrine when a Perppu is rapidly enacted into law, paired with the prospective nature of the Court’s rulings, which leaves a remedial vacuum for human rights violations. Ultimately, this study argues that Indonesia must reform its procedural framework by decoupling judicial timelines from legislative ratification and introducing interim measures to prevent the normalisation of executive exceptionalism. Keywords: Judicial Review, Emergency Powers, Perppu, Emergencies Act, Comparative Law

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Journal Info

Abbrev

ICJLS

Publisher

Subject

Description

Ius Comparatum: Journal of Law Studies (ICJLS) is a peer-reviewed academic journal published in English by the Doctoral Programme of the Faculty of Law, Universitas Pembangunan Nasional "Veteran" Jakarta. The journal is devoted to promoting scholarly discourse and innovation in the field of ...