Judicial Review and Constitutional Court Authority: Comparative Analysis of Indonesia's Constitutional Court and International Best Practices

Constitutional courts serve as guardians of constitutional supremacy through judicial review mechanisms. This study examines the authority and practices of Indonesia's Constitutional Court in comparative perspective with international best practices. Using comparative legal analysis, this research evaluates judicial review systems in Germany, South Korea, South Africa, and the United States to identify effective governance models. The study reveals that while Indonesia's Constitutional Court possesses comprehensive constitutional review authority, challenges remain in enforcement mechanisms, case backlog management, and institutional independence. International best practices demonstrate the importance of clear jurisdictional boundaries, efficient case processing, and robust enforcement powers. The research concludes that Indonesia can strengthen its constitutional court system by adopting selective best practices including streamlined procedures, enhanced enforcement mechanisms, and improved institutional safeguards while maintaining its unique constitutional framework.

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Publication Details

Journal
Proceeding of the International Conference on Law and Human Rights
Published
2025-06-30
DOI
https://doi.org/10.62383/iclehr.v2i1.48
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Judicial Review and Constitutional Court Authority: Comparative Analysis of Indonesia's Constitutional Court and International Best Practices

Saharuddin Saharuddin
Proceeding of the International Conference on Law and Human Rights
Legal Studies and Policies
article

Judicial Review and Constitutional Court Authority: Comparative Analysis of Indonesia's Constitutional Court and International Best Practices

Saharuddin Saharuddin
article en

Abstract

Constitutional courts serve as guardians of constitutional supremacy through judicial review mechanisms. This study examines the authority and practices of Indonesia's Constitutional Court in comparative perspective with international best practices. Using comparative legal analysis, this research evaluates judicial review systems in Germany, South Korea, South Africa, and the United States to identify effective governance models. The study reveals that while Indonesia's Constitutional Court possesses comprehensive constitutional review authority, challenges remain in enforcement mechanisms, case backlog management, and institutional independence. International best practices demonstrate the importance of clear jurisdictional boundaries, efficient case processing, and robust enforcement powers. The research concludes that Indonesia can strengthen its constitutional court system by adopting selective best practices including streamlined procedures, enhanced enforcement mechanisms, and improved institutional safeguards while maintaining its unique constitutional framework.

Proceeding of the International Conference on Law and Human RightsVol. 2(1)
Institut Ilmu Sosial dan Ilmu Politik Jakarta (ID)
Openalex Percentile: Top 57%
Legal Studies and Policies
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Judicial Review and Constitutional Court Authority: Comparative Analysis of Indonesia's Constitutional Court and International Best Practices — Saharuddin Saharuddin · Proceeding of the International Conference on Law and Human Rights (2025) | TGRS Research Map | TGRS