The Legal Power of Constitutional Court Decisions in the State System: Between Finality and Weak Implementation

This study examines the implementation of Constitutional Court (MK) decisions in Indonesia, which, despite being final and binding, often face obstacles. The purpose of this study is to analyze the factors contributing to the weak implementation of MK decisions and to provide recommendations for improving their effectiveness. The study used a qualitative approach with data collection techniques including documentation studies, in-depth interviews, and participant observation. The results indicate that political, institutional, and social factors influence the implementation of MK decisions. Political influence from the executive and legislative branches often hinders the implementation of MK decisions, while weaknesses in the oversight system and a lack of public understanding also contribute to worsening implementation. Therefore, this study recommends institutional reform, increased public awareness of MK decisions, and strengthening the MK's independence from political pressure to improve the effectiveness of MK decision implementation. This research is expected to contribute to strengthening Indonesia's constitutional system and ensuring that MK decisions can be better implemented.

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Publication Details

Journal
Ipso Jure
Published
2025-09-19
DOI
https://doi.org/10.62872/qz71d392
Primary Topic
Judicial and Constitutional Studies
Type
article
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article

The Legal Power of Constitutional Court Decisions in the State System: Between Finality and Weak Implementation

Bagus Anwar Hidayatulloh
Ipso Jure
Judicial and Constitutional Studies
article

The Legal Power of Constitutional Court Decisions in the State System: Between Finality and Weak Implementation

Bagus Anwar Hidayatulloh
article en

Abstract

This study examines the implementation of Constitutional Court (MK) decisions in Indonesia, which, despite being final and binding, often face obstacles. The purpose of this study is to analyze the factors contributing to the weak implementation of MK decisions and to provide recommendations for improving their effectiveness. The study used a qualitative approach with data collection techniques including documentation studies, in-depth interviews, and participant observation. The results indicate that political, institutional, and social factors influence the implementation of MK decisions. Political influence from the executive and legislative branches often hinders the implementation of MK decisions, while weaknesses in the oversight system and a lack of public understanding also contribute to worsening implementation. Therefore, this study recommends institutional reform, increased public awareness of MK decisions, and strengthening the MK's independence from political pressure to improve the effectiveness of MK decision implementation. This research is expected to contribute to strengthening Indonesia's constitutional system and ensuring that MK decisions can be better implemented.

Ipso JureVol. 2(8)
Universitas Widya Mataram Yogyakarta (ID)
Openalex Percentile: Top 59%
Judicial and Constitutional Studies
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The Legal Power of Constitutional Court Decisions in the State System: Between Finality and Weak Implementation — Bagus Anwar Hidayatulloh · Ipso Jure (2025) | TGRS Research Map | TGRS