Adjudicating Certainty: Paradigms of Finality and Fallibility in the Decisions of Indonesia’s Constitutional Court

The Indonesian Constitutional Court (Mahkamah Konstitusi – MK) occupies a pivotal role as the authoritative interpreter of the Constitution, wielding power through decisions declared final and binding. This inherent finality, essential for legal certainty and constitutional supremacy, exists in perpetual tension with the undeniable reality of judicial fallibility. Utilizing normative, philosophical, and comparative legal methodologies, this article contrasts the traditional formalist-positivist paradigm with contemporary legal realist, critical, and institutionalist perspectives to analyze this fundamental tension. It argues that while absolute finality is a constitutional necessity, a failure to acknowledge and institutionally manage fallibility poses significant risks to the Court’s legitimacy and democratic function. Drawing on specific Indonesian cases, legal theory, and comparative examples, the article concludes that embracing mechanisms addressing fallibility is crucial for strengthening, rather than undermining, the essential finality of the MK and its enduring role in Indonesian democracy.

Authors

Publication Details

Journal
International Journal of Research and Innovation in Social Science
Published
2025-01-01
DOI
https://doi.org/10.47772/ijriss.2025.90600001
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Adjudicating Certainty: Paradigms of Finality and Fallibility in the Decisions of Indonesia’s Constitutional Court

Saleh Sjafei, Bakti Siahaan, Arfan Tarigan
1 links
International Journal of Research and Innovation in Social Science
Indonesian Legal and Regulatory Studies
article

Adjudicating Certainty: Paradigms of Finality and Fallibility in the Decisions of Indonesia’s Constitutional Court

Saleh Sjafei, Bakti Siahaan, Arfan Tarigan
article en

Abstract

The Indonesian Constitutional Court (Mahkamah Konstitusi – MK) occupies a pivotal role as the authoritative interpreter of the Constitution, wielding power through decisions declared final and binding. This inherent finality, essential for legal certainty and constitutional supremacy, exists in perpetual tension with the undeniable reality of judicial fallibility. Utilizing normative, philosophical, and comparative legal methodologies, this article contrasts the traditional formalist-positivist paradigm with contemporary legal realist, critical, and institutionalist perspectives to analyze this fundamental tension. It argues that while absolute finality is a constitutional necessity, a failure to acknowledge and institutionally manage fallibility poses significant risks to the Court’s legitimacy and democratic function. Drawing on specific Indonesian cases, legal theory, and comparative examples, the article concludes that embracing mechanisms addressing fallibility is crucial for strengthening, rather than undermining, the essential finality of the MK and its enduring role in Indonesian democracy.

International Journal of Research and Innovation in Social ScienceVol. IX(VI)
Openalex Percentile: Top 82%
Indonesian Legal and Regulatory Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.