Judgment Reviews Law at Indonesia
In Indonesia, judicial review is a cornerstone of the constitutional framework, primarily vested in the Constitutional Court of Indonesia (Mahkamah Konstitusi). Established in 2003, this court holds the authority to assess the constitutionality of laws and regulations, ensuring they align with the 1945 Constitution. Its decisions are final and binding, with no avenue for appeal.
🏛️ Structure and Jurisdiction
The Constitutional Court operates alongside the Supreme Court of Indonesia, each with distinct functions
Constitutional Court:Reviews laws against the Constitution, resolves disputes over state institutions' authority, settles election result disputes, and handles presidential impeachment cases
Supreme Court:Acts as the highest appellate court, overseeing judicial discipline and reviewing lower court decisions This division ensures a specialized approach to constitutional matters, with the Constitutional Court focusing on constitutional compliance and the Supreme Court on judicial oversight
⚖️ Landmark Judicial Review Cases
Omnibus Law on Job Creation (2021)
In Decision No. 91/PUU-XVIII/2020, the Constitutional Court declared the Omnibus Law "conditionally unconstitutional" due to procedural flaws in its enactment. The Court mandated that the law be revised within two years to comply with proper legislative procedures, failing which it would be annulled.
Presidential Age Limit Challenge (2023)
The Court rejected a petition seeking to impose an age limit on presidential candidates, affirming that such restrictions should be determined by the legislature, not the judiciary.
Presidential Vote Threshold (2025)
A ruling declared the 20% vote threshold for presidential candidates as not legally binding, emphasizing that all political parties should have the opportunity to nominate candidates, potentially broadening electoral participation.
Papuan Special Autonomy Law (2022)
The Court dismissed a review petition against the revised Special Autonomy Law for Papua, stating that the petitioners lacked legal standing and failed to demonstrate a direct constitutional violation.
🔍 Proposed Reforms: One-Stop Judicial Review
Legal scholars have proposed consolidating judicial review authority solely within the Constitutional Court, a model known as "one-stop judicial review" This approach aims to streamline constitutional adjudication and prevent conflicting interpretations between the Constitutional and Supreme Court.
🏛️ Institutional Composition
The Constitutional Court comprises nine justices, each serving a 15-year tem Appointments are made by the President, the People's Representative Council (DPR), and the Supreme Court, with each entity nominating three justics The current Chief Justice is Suhartoyo, appointed in November.
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