Indonesian Court and Justice Review
Vol. 1 No. 3 (2024): August, 2024

The Political-Legal Implications of the Constitutional Court's Ruling on the Omnibus Law

Maya Wulandari (Universitas Diponegoro)



Article Info

Publish Date
31 Jul 2024

Abstract

The Constitutional Court's ruling on Indonesia’s controversial Omnibus Law on Job Creation has sparked significant political and legal debate. This study analyzes the broader implications of the Court's decision, particularly its finding of "conditionally unconstitutional" status, and its impact on the balance of powers, democratic accountability, and legal certainty. By employing a doctrinal and socio-legal approach, the research assesses the ruling's legal reasoning, political context, and institutional consequences. The findings suggest that while the Court sought to uphold procedural constitutionalism, its ambiguous formulation may have inadvertently weakened the force of judicial review and allowed for executive dominance. The study also examines how various stakeholders—including civil society, labor unions, and political elites—responded to the decision. The novelty of this research lies in its focus on the intersection of judicial decisions and legislative-executive dynamics. It contributes to broader discussions on constitutional resilience, governance, and the evolving role of the judiciary in democratic consolidation.

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Journal Info

Abbrev

court

Publisher

Subject

Description

Indonesian Court and Justice Review (e-ISSN: 3164-502X) is published by COLLEGIUM JUSTICIA INDONESIA, first published in 2024, and issued quarterly in February, May, August, and November in online format (electronic format). It is a peer-reviewed academic journal dedicated to advancing rigorous ...