Constitutional Court as an Actor That Maintains Check and Balance System Through the Judicial Review Process in Indonesia

DOI

10.2991/978-2-38476-315-3_85How to use a DOI?

Keywords

Constitutional Court; Check and Balances System; Judicial Review; Negative Legislator

Abstract

The Check and Balances System is one of the objectives of establishing the executive, legislative, and judicial branches, each with their own functions without overlapping powers. The Constitutional Court serves as one of the institutions that functions as a negative legislator or norm canceller in judicial review activities, providing a democratic space for the public to protect their rights from regulations that are not pro-people. This study seeks to examine how the Constitutional Court contributes to upholding the checks and balances system during the judicial review of laws in Indonesia. It employs doctrinal investigation strategies, consolidating both a statutory approach and a conceptual approach. Thus, the investigation points to underlined how the Constitutional Court’s advancing part, particularly its shift towards acting as a positive legislator, raises concerns regarding potential interference in Indonesia’s legislative process. However, with the limitations set by law and expert opinions, the Constitutional Court remains an institution with a negative legislator function, although under certain conditions, it can become a positive legislator. Therefore, the check and balances system between the governing institutions can still be well maintained.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Tyara Devy Purnamasari
AU  - Jadmiko Anom Husodo
PY  - 2024
DA  - 2024/12/24
TI  - Constitutional Court as an Actor That Maintains Check and Balance System Through the Judicial Review Process in Indonesia
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 628
EP  - 633
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_85
DO  - 10.2991/978-2-38476-315-3_85
ID  - Purnamasari2024
ER  -