Siber International Journal of Advanced Law
Vol. 4 No. 1 (2026): Siber International Journal of Advanced Law (July - September 2026)

The Politics of Law Regarding The Strengthening of The Checks and Balances System in The Indonesian Constitutional Order Post-Reform:

Muhammad Firdiansyah (Universitas Bhayangkara Jakarta Raya, Jakarta, Indonesia)
R. Lina Sinaulan (Universitas Bhayangkara Jakarta Raya, Jakarta, Indonesia)
Rahmat Saputra (Universitas Bhayangkara Jakarta Raya, Jakarta, Indonesia)



Article Info

Publish Date
19 Sep 2026

Abstract

 This study aims to examine the legal policy regarding the regulation of the checks and balances system in Indonesia's post-reform constitutional framework and to determine the direction of legal policy for strengthening this system to realize the principles of the rule of law and constitutional democracy. A normative-juridical legal research method was employed. The findings indicate that the post-reform legal policy concerning the checks and balances system was directed at limiting state power through the division of authority among institutions, grounded in the principle of constitutional supremacy. Although these mechanisms were strengthened through amendments to the 1945 Constitution, their implementation continues to face various challenges. Therefore, strengthening institutional independence, accountability, and inter-institutional oversight is essential to optimally realize the principles of the rule of law and constitutional democracy. The direction of legal policy for strengthening the checks and balances system aims to establish a balance of power among state institutions, reinforce constitutional supremacy, and prevent the abuse of authority. By strengthening oversight mechanisms, accountability, and the independence of state institutions, the constitutional system is expected to effectively realize the principles of the rule of law and constitutional democracy.

Copyrights © 2026






Journal Info

Abbrev

SIJAL

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Siber International Journal of Advanced Law (SIJAL) is an open-access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in various government policies and civil rights law, particularly in developed and developing countries. This may ...