Reform of the Judicial Review System: Evaluation of the Constitutional Court's Authority in Maintaining Constitutional Supremacy

This study evaluates the effectiveness of the Constitutional Court’s authority in reviewing laws and regulations as a means of upholding constitutional supremacy in Indonesia. Employing both normative and empirical legal research methods, it examines the Constitutional Court’s rulings from 2019 to 2024 and assesses their broader implications for the national constitutional system. The findings reveal several structural weaknesses in the review mechanism, particularly related to the enforcement of decisions and the existence of dualism between the Constitutional Court and the Supreme Court in conducting judicial reviews. These shortcomings have created inconsistencies and reduced the optimal impact of the Constitutional Court’s role. To address these issues, the research recommends comprehensive reforms, including the unification of judicial review authority, enhancement of the Constitutional Court’s executorial powers, and expansion of public access to constitutional review procedures. Such measures are expected to strengthen the Court’s role as the guardian of the constitution, improve legal certainty, and support the creation of a more coherent and harmonious legal system in Indonesia.

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Publication Details

Journal
Proceeding of the International Conference on Law and Human Rights
Published
2025-09-30
DOI
https://doi.org/10.62383/iclehr.v2i1.58
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Reform of the Judicial Review System: Evaluation of the Constitutional Court's Authority in Maintaining Constitutional Supremacy

Nurasia Natsir, Harlina Hamid
Proceeding of the International Conference on Law and Human Rights
Judicial and Constitutional Studies
article

Reform of the Judicial Review System: Evaluation of the Constitutional Court's Authority in Maintaining Constitutional Supremacy

Nurasia Natsir, Harlina Hamid
article en

Abstract

This study evaluates the effectiveness of the Constitutional Court’s authority in reviewing laws and regulations as a means of upholding constitutional supremacy in Indonesia. Employing both normative and empirical legal research methods, it examines the Constitutional Court’s rulings from 2019 to 2024 and assesses their broader implications for the national constitutional system. The findings reveal several structural weaknesses in the review mechanism, particularly related to the enforcement of decisions and the existence of dualism between the Constitutional Court and the Supreme Court in conducting judicial reviews. These shortcomings have created inconsistencies and reduced the optimal impact of the Constitutional Court’s role. To address these issues, the research recommends comprehensive reforms, including the unification of judicial review authority, enhancement of the Constitutional Court’s executorial powers, and expansion of public access to constitutional review procedures. Such measures are expected to strengthen the Court’s role as the guardian of the constitution, improve legal certainty, and support the creation of a more coherent and harmonious legal system in Indonesia.

Proceeding of the International Conference on Law and Human RightsVol. 2(1)
Universitas Patria Artha (ID), Universitas Indonesia Timur (ID)
Openalex Percentile: Top 57%
Judicial and Constitutional Studies
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